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How can lower U.S. courts decide constitutional questions?

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President Lyndon B. Johnson signs the Medicare Bill at a table beside former President Harry S. Truman, with Lady Bird Johnson and others standing behind them. — Legislation Former U.S. president Harry S. Truman (right) looking on as U.S. Pres. Lyndon B. Johnson signs the Medicare bill at the Harry S. Truman Library and Museum in Independence, Missouri, July 30, 1965.

In the United States, every judge at every level of the court system is legally empowered to engage in constitutional interpretation. When a constitutional question regarding a statute or executive action arises during a case, the lower court is obligated to determine its validity as part of the process of deciding that case.1

This process occurs in two primary ways:
* Direct Challenges: A case may be brought specifically to test the constitutionality of a law, such as those involving freedom of speech or racial segregation.1
* Incidental Questions: A constitutional issue may arise as a secondary matter within an ordinary civil or criminal proceeding, such as questioning the legality of a search and seizure.1

While lower courts possess this authority, their decisions are subject to appellate review. When a state statute is challenged under a state constitution, the state’s supreme court serves as the final authority. However, when any statute or constitutional provision is challenged as violating the U.S. Constitution, the U.S. Supreme Court remains the ultimate arbiter.1