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Am. Con. Law Part 1

Across
The purpose of the separation of powers/checks and balances is to avoid the concentration and abuse of ___.
The first step in Supreme Court decision-making is deciding which cases to ___.
During oral arguments, justices interrupt with ___ and comments. Often through their ___ they are debating with their colleagues on the Court and trying to get the attorneys to make certain points or to point out fallacies in their arguments in order to sway their colleagues that may be on the fence about the outcome of a case after written briefing.
U.S. Supreme Court Justice Thurgood Marshall wrote in 1987 that the Constitution was “___ from the start”   because, despite its first words, “We the People,” it excluded “the majority of American citizens” because it left out Black people and women.
The judicial realism theory that judicial ___ influence decision-making acknowledges that each justice evaluates the facts of the dispute and arrives at a decision consistent with their personal (and often time political, liberal or conservative) ideology.
The judicial realism theory that holds that justices take “___ approaches” to interpreting the Constitution is premised on the notion that justices are not unconstrained actors who make decisions based solely on their own ideological attitudes or view of the judicial role or adherence to legal principles, but rather are “strategic actors who realize that their ability to achieve their goals depends on a consideration of the preferences of other relevant actors, the choices they expect others to make, and the institutional context in which they act.” (Epstein et al.)
A charter adopted by the people​ that establishes the framework for the operation of government​, defines the powers of government​, and guarantees the fundamental rights of the people.
One of the two very broad, general lenses through which once can view how the justices make their decisions in interpreting the Constitution is "___", which focuses on the role of law and legal methods for constitutional interpretation. Such methods include originalism, textualism, a focus on structural analysis, adherence to stare decisis, legal pragmatism, and surveying other jurisdiction. Describing which of these methods that fall under the ___ umbrella is most compelling as a method justices should follow in their decision-making, and why, and any criticism of that method, would be a good essay question.
One underlying principle of the U.S. Constitution inspired by Enlightenment Philosopher Montesquieu's treatise The Spirit of the Laws (1748) is the creation of “an assemblage of societies, that constitute a new one,” our system of ___, which creates coexisting national and state governments.
The Articles of ___, ratified in 1781, preceded the U.S. Constitution, and was a first effort to organize a post-colonial government for the new "free and independent states" as declared by the Continental Congress.
When a justice agrees with the disposition (outcome) of the majority opinion but not with the reasoning of the opinion writer, that justice “___” in the decision.
___considerations that affect the Justices' case selection decisions include whether a petition was filed by the U.S. solicitor general (SG) on behalf of the United States, whether there are amicus curiae briefs filed encouraging or discouraging granting cert., and the ideology of the justices themselves.
No Court decision is truly ___ until actually announced to the public.
One important underlying principle of the U.S. Constitution inspired by Enlightenment Philosopher Montesquieu's treatise The Spirit of the Laws (1748) is the principle of ___ of powers/checks and balances.
When a justice disagrees with the disposition of the majority opinion and the reasoning, that justice “___” from the decision.
With some notable exceptions, each side is typically allowed ___ minutes in oral arguments before the Supreme Court.
One of the two very broad, general lenses through which once can view how the justices make their decisions in interpreting the Constitution is "___", which focuses on the role of other influences that are not legal in nature but rather are often unacknowledged (and sometimes even denied) “political” influences. Such influences include 1) justices internal preference-based approaches, including judicial attitudes (ideologies), justices' views of their own judicial roles (constraint or activism), 2) strategic considerations as part of a law-making panel, and 3) external considerations such as public opinion, partisan politics, and interest groups. Describing the various aspects (including pros and cons) of one of these groups of influences that fall under the ___ umbrella would be a good essay question.
After the parties are notified that the Court has granted certiorari in a case, the petitioner/appellant must file their ___ within 45 days of the grant of cert. arguing their position as to why the lower’s court’s ruling should be reversed. The respondent/appellee has 30 days after they receive the appellant’s ___ to file their ___ in response.
One the assigned justice writes the majority's preliminary draft decision, it is ___ to all the other justices for their review and decision as to whether they will join, concur, or dissent. Describing what happens at this point in the Court's decision-making process would be a good essay question.
Part of the judicial realism view of judicial decision-making considers that justices take ___ factors such as public opinion, partisan politics, and interest groups into account when interpreting the Constitution.
After the Court hears oral arguments in a case, the Court discusses the case in a ___ where a tentative vote is taken and the writing of an opinion is assigned to a justice.
Under our system of federalism outlined in the Constitution, the federal (national) government has defined legislative, executive, and judicial powers. Those powers not granted to the national government are reserved to the ___.
Down
The Supreme Court accepts approximately ___ percent of cases brought to it.
The Chief Justice exercises a special power during the Court’s agenda setting stage in drafting a ___ list, setting out which cases will be discussed at conference.
The "___ analysis” method of judicial decision-making holds that interpretation of constitutional clauses should be consistent with or follow from overarching structures or governing principles established in the Constitution, such as federalism and the separation of powers.
The principle of separation of powers/checks and balances is the idea that liberty is best protected in a government that divides power among three ___ of government--the legislature, the executive, and the judiciary--and permits the ___ to check one another's power.
The approach to interpreting the Constitution called "___” is outcome oriented and admits to considering the future effects of various interpretations, and advocates adopting the interpretation that avoids the worst consequences.
Supreme Court deliberations are ___, not recorded, with no outside observers, not even staff. (Describing the reasoning for this and whether you agree or disagree with this custom, and why, would be a good essay question.)
Interest groups try to influence Court decisions by submitting ___ briefs and by also directly litigating cases, by providing litigants with attorneys.
The approach to interpreting the Constitution called "___”, which falls under the broader umbrella of legalism, asks what the framers were intending to accomplish in writing a particular clause, and/or what the clause meant at the time of its enactment.
Like originalism, the approach to Constitutional interpretation called "___", which falls under the broader umbrella of legalism, places emphasis on what the Constitution says. However, pure ___ (also called literalism), holds that justices ought to consider only the words in the constitutional text, and the words alone, not looking at outside sources even to determine framers’ intent.
Rule 10 of the RULES OF THE SUPREME COURT OF THE UNITED STATES sets out several legal considerations that affect the Justices' case selection decisions, including when there is a split, or ___, in the decisions of a U.S. Court of Appeals and another U.S. Court of Appeals or a state supreme court on an important federal question.
Under the “Stare ___” legalistic principle, from the Latin for “let the decision stand,” jurists should decide cases on the basis of previously established rulings, or precedents.
The primary flaw of the Articles of Confederation was that it created a ___ national government​.
By custom, the Court follows its unwritten Rule of ___, granting certiorari to those cases that at least ___ justices vote to hear.
Ratification of the Constitution eventually required a promise that the first order of business of the new Congress would be to pass amendments  guaranteeing individual rights and ___, which was accomplished with the adoption of the Bill of Rights.
Only the ___ attend the Court’s conference discussions where the decision of which cases to grant review are made and decisions on the merits are discussed.
One view of judicial realism takes the view that how justices interpret the Constitution rests largely on how justices view what the proper judicial ___ should be, from activist on one extreme to focused on exercising judicial constraint.
Most cases reach the Court through petitions for cert.