How did the communist governments maintain power for so long, despite public opposition?
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federal appellate courts are called courts of appeals. cases can be further appealed to the u.s. supreme court. cases are heard for the first time in a trial court. if either party disagrees with the decision in the trial court, they can appeal, asking a higher court to review the decision.

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it was certainly a debatable decision, mainly because it was based primarily on political - and not on legal or social - views. since the congress at that time was led by members of the republican party, and the territory that the tribes wanted to turn into an exclusively indian state was predominantly democratic, the proposal (as expressed in the constitution) did not succeed, but the constitution itself proved to be of crucial importance in the creation of the state of oklahoma, and, most importantly, it guaranteed the involvement of representatives of the indian tribes in the government of the future joint state.  

as a member of congress, i would have voted to ratify the constitution, or at least to have it tabled. ignoring it was an interested and partial decision.