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 ___.
Where is my puzzle?