1. The Constitution The first three Articles of the Constitution lay out the three co-equal branches of the United States government. The first three Articles of the Constitution lay out the three co-equal branches of the United States government. Article I – the Congress Article I – the Congress Writes the laws Writes the laws Article II – the President Article II – the President Enforces the laws Enforces the laws Article III – the Supreme Court Article III – the Supreme Court Interprets the laws Interprets the laws

2. Appeals to the Supreme Court 94 Federal District Courts 12 Regional U.S. Courts of Appeals (1 st – 11 th and District of Columbia Circuits) (Arizona State is located in the Ninth Circuit) U.S. Supreme Court Supreme Court has complete discretion over whether to allow a party that loses at the Court of Appeals to have an additional appeal Losing party (except the Government in criminal prosecutions) automatically gets to appeal to the Circuit Court of Appeals for the Circuit in which the District Court is located. State Trial Court State Appellate Court U.S.S.C. may review a state appellate court’s interpretation of federal law.

4. The Supreme Court Marbury v. Madison (1803 Supreme Court opinion by Chief Justice John Marshall) Marbury v. Madison (1803 Supreme Court opinion by Chief Justice John Marshall) “[It] is emphatically the province of the judicial department to say what the law is.” “[It] is emphatically the province of the judicial department to say what the law is.” As a result, Supreme Court gets the final say on what the Constitution and federal laws mean. As a result, Supreme Court gets the final say on what the Constitution and federal laws mean.

5. The Supreme Court Front Row (L to R): Clarence Thomas, Antonin Scalia, John G. Roberts (Chief Justice), Anthony Kennedy, Ruth Bader Ginsburg; Back Row (L to R) Sonia Sotomayor, Stephen Breyer, Samuel Alito, Elena Kagan

6. The Supreme Court 9 justices hold office for life 9 justices hold office for life Nominated by the President Nominated by the President Confirmed by the Senate Confirmed by the Senate A majority (usually 5 justices) needed to prevail A majority (usually 5 justices) needed to prevail The Court is bound by the Constitution and its own past decisions (called “precedent”) on Constitutional issues when it decides new cases. The Court is bound by the Constitution and its own past decisions (called “precedent”) on Constitutional issues when it decides new cases.

7. Supreme Court Term & Cases The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year. The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year. Approximately 10,000 petitions are filed with the Court in the course of a Term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice. Around 80 cases are heard and decided each year. Approximately 10,000 petitions are filed with the Court in the course of a Term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice. Around 80 cases are heard and decided each year.

8. The Conservatives Chief Justice John Roberts Antonin Scalia Clarence Thomas Samuel Alito George W. Bush Reagan George H.W Bush George W. Bush The text of the Constitution and federal laws means exactly what it says. If the text is clear, there is no need to look to legislative intent. The Constitution creates a federal government of limited powers. So all powers not expressly granted to the federal government can only be exercised by the states. JUDICIAL RESTRAINT – STRICT CONSTITUTIONALISTS

9. The Liberals Justices Elena Kagan Sonia Sotomayer Ruth Bader Ginsburg Stephen Breyer Obama Obama Clinton Clinton Sometimes, you have to look beyond the text of the Constitution or federal laws to legislative history, congressional committee reports, and public policy to decide what the text means, especially in the context of individual rights. Although the Constitution gives the federal government a fixed set of enumerated powers, the federal government has broad authority to regulate matters which the conservatives believe are reserved for the states to regulate. – JUDICIAL ACTIVISTS!

10. The Swing Vote Justice Anthony Kennedy Reagan Approach every case pragmatically. Sometimes, the text will be clear. Sometimes you will have to look beyond the text to other sources. Decide on a case-by-case basis. The federal government is a government of enumerated powers and the states have all powers that the Constitution does not specifically assign to the federal government.