Embedded Files
Use the resources below to explore content and areas of focus that you will need to find success on practice opportunities, Performance Tasks and your Capstone Project.
Use the resources below to explore content and areas of focus that you will need to find success on practice opportunities, Performance Tasks and your Capstone Project.
Characteristics of the American Legal System
Characteristics of the American Legal System
The purpose of a legal system is to settle disputes. In some governments, this falls to the ruler, but in modern democracies, this duty has been turned over to a system like the U.S. court system. In this lesson, you will take a closer look at the third branch of government described in the Constitution, The Judicial. You will learn about the practice of common law, the types of courts and the jurisdiction of the courts.
The Judicial Branch is established under Article III of the Constitution:
"The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish."
Here is another resource for you to look at and gain knowledge
Landmark Supreme Court Cases:
Landmark Supreme Court Cases:
Read through these cases and understand them.
Landmark Decisions – Women's Rights
Landmark Decisions – Women's Rights
Now, let's take a look at some of the landmark decisions regarding these issues before we take a look at some of the arguments against them:
- Oyez: Roe v. Wade (1973) This is a multifaceted case so to be sure you understand the facts and context.
Please also read this article:
Alternate Viewpoints
Alternate Viewpoints
Now, look at some of the arguments against these controversial reproductive rights. Please keep in mind that when you study controversial issues such as these, they often touch on a lot more than just one issue. Abortion arguments are affected by one's religion, upbringing and experiences and often discussions become very emotional and heated.
In our study of government, our focus is on the constitutional principles that underlie the argument and not the religious views of individuals. As you can see, the Court is still struggling with these issues today.
At the time of Roe v. Wade, William Rehnquist was one of two justices to disagree with the Court's ruling. His now-famous dissent is often referenced in modern arguments against Roe today:
The Court Speaks on Gay Marriage
The Court Speaks on Gay Marriage
The Defense of Marriage Act (DOMA) was enacted in 1996 and defined "spouse" and its related terms to signify a heterosexual couple. While it didn't stop individual states from recognizing same-sex marriages, it did bar same-sex couples from receiving federal marriage benefits. As the act passed with more than a two-thirds majority in both houses of Congress, President Clinton automatically signed it into law. But no sooner had the ink dried on the new law than groups were organizing to have it repealed. DOMA was declared unconstitutional by 5-4 vote in the Court's decision in U.S. v. Windsor (2012). According to Justice Kennedy, "the federal statute is invalid…[for] treating those persons as living in marriages less respected than others a violation of the Fifth Amendment." Please read:
Watch: Gay Marriage, Civil Unions, and Parenting
Watch: Gay Marriage, Civil Unions, and Parenting
This video segment discusses the effects of civil unions and gay marriage on traditional marriage and parenting. The experts weigh in on this controversial topic.Please remember the purpose of this video is to explore the arguments and how government addresses the issue and not to take sides.
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