C itizenship 2016 Constitution Day & Citizenship Day C onstitution C ourts &

Could you pass the test? Where are these questions from? To pass the civics portion of the United States naturalization test you are required to get 6 out of 10 questions correct.

What is the supreme law of the land?

What does the Constitution do?

Under our Constitution, some powers belong to the federal government. What is one power of the federal government?

The idea of self-government is in the first three words of the Constitution. What are these words?

How many amendments does the Constitution have?

What is the “rule of law”?

What stops one branch of government from becoming too powerful?

What does the judicial branch do?

When was the Constitution written?

The Federalist Papers supported the passage of the U.S. Constitution. Name one of the writers.

How did you do? Xavier University 2012 study revealed that:  One in three natural born citizens failed the civics portion of the US Citizenship Test.*  97.5% of immigrants passed the test in 2010.

Xavier University Study: Americans Put to Shame

Responsibilities and Duties of Citizens Voting Participate in government/community Selective service Pay taxes Jury Service

THE CONSTITUTION AND THE JUDICIAL BRANCH Examining Article III of the U.S. Constitution

The U.S. Constitution Preamble 7 Articles 27 Amendments Did you know? Of the written national constitutions, the U.S. Constitution is the oldest and the shortest.

Article III Structure Creates the Supreme Court Gives the power to Congress to create “inferior Courts” Jurisdiction of the Supreme Court Original Appellate

The Role of the Courts Resolve disputes through a legal process; Interpret and apply the law; Determine if a law is unconstitutional; Protect the rights of the people.

Judicial Selection Federal Justices of the U.S. Supreme Court and judges of federal courts are appointed by the President and confirmed by the Senate.* They serve life terms. State Different models in different states. Elections (Partisan and Nonpartisan) Appointments Hybrid Models

Judicial Selection in the United States

How do judges make decisions? Judges should be fair and impartial in interpreting and applying the law. Judges must follow the law:  US and State Constitutions  Case law/Precedent  Statutory Law  Sentencing guidelines  Court Procedures/Rules  Code of Judicial Conduct

How are judges different from other elected officials? Legislators make decisions based on the needs/desires of their constituents or voters, their own beliefs, or their political party’s agenda. Judges must follow the law and should not be influenced by politics, special interest groups, money, public opinion or their own personal beliefs.

Judicial Decision Making ORJudicial Activism Fair and impartial ORConservative/ Liberal Interpreting the law (determining what a statute means or says) ORLegislating from the Bench/Judge –made law Labeling

What issues may impact fair and impartial courts today? Infusion of special interest money into judicial elections Pressure on judicial candidates to take positions on issues or promise specific rulings Political attempts to influence judicial selection processes Threats of removal of judges from office or impeachment for decisions in controversial cases What other issues?

RESOURCES FOR KEEPING INFORMED Valuable nonpartisan resources to gain more information about judges and judicial candidates

Characteristics of Judges …what qualities or characteristics are most important to you? When you walk into the courtroom and face the judge…

Characteristics of Judges What characteristics are most important to you? Knowledge of the law Impartial/Unbiased Fair Attentive Respectful/Understanding Honesty/Integrity Neutral Temperament Professional demeanor What else would you add?

Where to Look for Information In order to make an informed vote, it is important to consult a variety of nonpartisan resources, free from political agendas or special interests. Talk to lawyers who may know judges or judicial candidates on the ballot. Check with state and local bar associations in your area to review judicial polls and/or self disclosure statements.

What do you think? …what factors should NOT influence the judge’s decision in your case?  Public opinion about the issue  Political demands  Your political party affiliation  The position of special interest groups on the issue  Media reports  Personal perspectives or affiliations of the judge  Money or contribu tions When you walk into the courtroom and face the judge…

Visit the Informed Voters Project website at ivp.nawj.org Like Like us on Facebook at Informed Voters, Fair Judges – National Association of Women Judges