2. The US Court System Review

3. The Constitution The Constitution (aka, the nation’s rulebook) Article III of the Constitution says… – There will be a Supreme Court with the power to hear and decide lawsuits – Federal judges/justices have life tenure – Judges’ salaries cannot be reduced during their service – Congress can choose to make other courts if it wants The purpose of Article III was to fix the Articles of Confederation, which left judicial matters to each individual state. It was like an afterthought; no one expected the Supreme Court to be powerful.

4. What made the Court strong? JUDICIAL REVIEW!!! What the heck is that?! – Judicial review is the Supreme Court’s power to decide if a law contradicts the Constitution, and, if so, to strike it down. Turns out judicial review made the Supreme Court VERY powerful by being able to decide what the Constitution means.

5. Dual System The US court system has two parts (2 = dual): – State: Each state has it’s own system (for when someone breaks a state law) – National (aka, Federal): There is one Federal system for the entire nation (for when someone breaks a federal law)

7. 3 Tiers in the Federal Court System Trial Courts – This is where cases start. – This is where the facts of a case are heard. Appellate Courts – If someone believes their trial was unfair or they disagree with the ruling, they can appeal. Supreme Court – This is the highest Court in the nation.

9. Perry v. Schwarzenegger Timeline They said that Prop 8 goes against the US Constitution. The Constitution is the nation’s rulebook and the highest law in the nation. No state can pass a law that goes against it. Perry challenges Prop 8 with a lawsuit in a Federal Trial Court

10. Perry v. Schwarzenegger Timeline Perry challenges Prop 8 with a lawsuit in a Federal Trial Court Federal Judge (Walker) heard the case Walker decided that Prop 8 violates the Constitution This ruling strikes down Prop 8, and makes it LEGAL for same-sex couples to marry The losers of the case appealed the ruling to a higher court What will happen next?

13. Perry v. Schwarzenegger Timeline Perry challenges Prop 8 with a lawsuit in a Federal Trial Court Federal Judge (Walker) heard the case Walker decided that Prop 8 violates the Constitution The losers of the case may appeal the ruling to a higher court If the 9 th Circuit hears the case, the decision would affect more states

14. Perry v. Schwarzenegger Timeline Perry challenges Prop 8 with a lawsuit in a Federal Trial Court Federal Judge (Walker) heard the case Walker decided that Prop 8 violates the Constitution The losers of the case appealedthe ruling to a higher court If the 9 th Circuit hears the case, the decision would affect more states Finally, the Supreme Court could hear the case, and its ruling would apply to the entire nation.

15. How the Justices Vote Legal Factors – Judicial Philosophy Judicial Restraint – judges should have a small role and stick to the literal meaning of the Constitution Judicial Activism – judges can interpret the Constitution however they want to; they can use the law to promote their own ideas, especially: justice, equality, & liberty. – Precedent Past court decisions are the model for future cases.

16. How the Justices Vote Other Factors – Context What is going on in the nation; what average people think/believe Justices watch TV, read newspapers, and go to the store like everyone else. They are not insulated from public opinion and are probably swayed by it some of the time. – Personal History The personal experiences of the justices affect how they vote. Early poverty, job experience, friends and relatives all affect how decisions are made. – Ideology Justices’ beliefs about right/wrong, Democrat/Republican, etc. sometimes influence the way they vote.

17. Supreme Court Decision Making Process Is a process. The Supreme Court uses it. They use it to make decisions The “process” is really just the 4 main things the SC thinks about when it rules on a case… 1.Constitution 2.Precedent 3.Context 4.Ideology

18. Supreme Court Decision Making Process Is a process. The Supreme Court uses it. They use it to make decisions Constitution Ideology Context Precedent

19. Any Questions?