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Intro to Law Chs. 3, 4, 5 (Part 2)

Across
One of the Amendments to the Constitution made on the heels of the Civil War was the 13th Amendment (1865) which abolished ___.
The doctrine of stare decisis, that courts typically rely heavily on ___, the way in which courts in the past have interpreted a question of law, is not absolute, especially not when the Supreme Court is interpreting the Constitution. The Court will ignore precedent when the governing decisions were "unworkable or are badly reasoned." (Chief Justice Rehnquist in Payne v. Tennessee (1991).)
Title II of the Civil Rights Act of 1964 prohibits ___ on the basis of race, color, religion, or national origin in places of public accommodation and Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.
The authority of Congress's ___ powers-- those that are not enumerated in the Constitution-- stem from Article I, Section 8 of the Constitution, under which Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers...." In McCulloch v. Maryland (1819) the Court held that pursuant to the "Necessary and Proper" clause, Congress may enact laws that are reasonably related to Congress’s enumerated powers, so long as in doing so Congress does not violate any other specific provision or prohibition of the Constitution. This case established the doctrine of "___ powers” and also established the doctrine of national supremacy.
In ___ v. Madison (1803), the Supreme Court assumed the power to strike down unconstitutional federal statutes, and to declare a statute unconstitutional and therefore void.
The Supreme Court’s decision in ___ v. Board of Education of Topeka KS (1954) held that state laws segregating public schools are violations of the 14th Amendment Equal Protection Clause. In this unanimous decision, Chief Justice Earl Warren abandoned the "separate but equal" fiction of Plessy v. Ferguson, stating "separate educational facilities are inherently unequal.”
The ___ Amendment protects unenumerated rights, stating “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Numerous unenumerated rights have been recognized under the broad Due Process Clauses of the Fifth and Fourteenth Amendments, including “the right to marry, to determine how one’s children are to be reared and educated, to choose one’s occupation, to start a business, to travel freely across state lines, the right to privacy, and to sue in the court.
Down
New York Times v. US (1971) involved the Nixon Administration's attempt to prevent the publication of materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. Applying the "___ restraint doctrine, the Supreme Court held that "the government did not overcome the ‘heavy presumption against’ ___ restraint of the press in this case … the vague word ‘security’ should not be used "to abrogate the fundamental law embodied in the First Amendment’ and ‘since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.’”
In Lemon v. Kurtzman (1971) the Supreme Court held unconstitutional state laws that allowed public funding for private, religious schools. Under the Lemon test (which has loosened in recent years), in order for a government action to be held not to be an unconstitutional establishment of religion, “(1) the law or policy must have a secular legislative purpose; (2) its principal or primary effect must be one that neither advances nor inhibits religion; and (3) it must not foster an excessive government ___ with religion.”
The term ___ rights refers to the set of laws designed to ensure that everyone is treated fairly by society. These laws take many forms, including federal and state constitutional provisions, federal and state statutes, local ordinances, and regulations adopted by federal, state, and local government agencies. These laws involve conflicts over race, gender, religion, ethnicity, disability, age, and sexual orientation in areas such as education, employment, housing, criminal justice, government contracts, and voting.
The First Amendment prohibits Congress from making laws “respecting an establishment of ___ (Establishment Clause) or prohibiting the free exercise thereof” (Free Exercise Clause).
Passed after multiple presidents used executive power to conduct the Vietnam War, Congress curbed the executive's power to use force in the War Powers Resolution of 1973. This resolution ___ the president's commitment of armed forces to military action for 60 days without Congressional approval.