This paper examines the relationship between constitutional courts and educational policy in Australia, the United States, and West Germany in an attempt to formulate a statement describing the relative impact of state and federal governments on educational policy in countries with a federal system of government. Much of the paper discusses the constitutional provisions affecting educational policy in each country, focusing in turn on the areas of civil rights, residual powers, finance, and external affairs. The authors conclude that (1) where a constitution for a federal system of government provides for civil rights, educational policy may be directly affected by judicial decisions, and (2) where a constitution allocates powers between federal and state governments, educational policy may be influenced by the federal government, even where education is recognized as a state power, unless the constitutional courts deliberately act to limit the impact of the federal government on educational policy. (Author/JG)