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Intro to Law Chs. 3, 4, 5 (Part 1)

Across
In Cohen v. California (1971), the Court held that California's statute prohibiting the display of offensive messages such as "F*** the Draft," violated freedom of expression as protected by the ___ Amendment.
The Fourth Amendment protects people from ___ searches and seizures by police and other government officials.
The first ten amendments to the Constitution were called the Bill of Rights, designed to limit federal government actions that would infringe upon the individual liberties of the citizens. These include, among others, protection of the individual's ___ of speech, press, assembly and religion (1st Amendment) as well as due process of law.
Congress passed a series of Civil Rights statutes after the 14th Amendment was ratified. One of these, the Civil Rights Act of April 1871, (aka the Ku Klux Klan Act), created civil actions in federal court against persons who, “under color of state law” ___ another person of their constitutional rights." This statute is codified at 42 U.S.C. § 1983, and really did not come into use as a tool to prevent abuses by state officials until the early 1960's but is widely used today to enforce civil rights.
The Executive's enumerated presidential powers come from Article II of the Constitution and include, among others: the power to ___legislation; to appoint judges, ambassadors, various executive officials; to serve as Commander in chief; to call Congress into special session; to grant pardons; and to negotiate treaties.
In Plessy v. Ferguson (1896) the Court created the “___ but equal” doctrine that jurists and legislators used to deprive generations of African Americans of their Civil Rights promised under the 14th Amendment.
In the Civil Rights Cases (1883) (8-1 decision), five separate cases consolidated for the purpose of a Supreme Court review, “a black person was denied the same accommodations as a white person in violation of the 1875 Civil Rights Act.” The Court held:  ”… the 14th Amendment did not permit the federal government to prohibit discriminatory behavior by ___ parties,” and the “13th Amendment is restricted to prohibiting ownership of slaves, not other forms of discriminatory conduct.” Thus, Sections 1 and 2 of the Civil Rights Act of 1875 were declared unconstitutional as exceeding Congress’s legislative authority.
The two perspectives regarding the appropriate ___ of the Constitution when the plain meaning of the text is unclear include, at one end of the ideological spectrum, the belief that the courts should try to follow the intentions of the Framers of the Constitution. At the opposite end, judges believe the courts should view the Constitution as a “living document” with an evolving meaning that addresses the “felt necessities” of the present.
The 19th Amendment, ratified in 1920, finally afforded ___ the right to vote in the US.
The judicial interpretation of the provisions of the state and federal constitutions in the context of "cases and controversies" is referred to as ___ law.
The Supreme Court decision that is said to have “put the last nail in Jim Crow’s coffin” is ___ v. Virginia (1967). The Court held that Virginia's law against interracial marriage violated both the Equal Protection Clause and the Due Process Clause of the 14th Amendment.
In Kilbourn v. Thompson (1881) the Supreme Court held that the power of Congress to ___ is a necessary auxiliary of the legislative function. Not unlimited, this power must only be exercised “in relation to potential legislation.”
In Edwards v. South Carolina (1963) the Supreme Court reversed the convictions for "disturbing the peace" of 187 African-American students who had participated in a civil rights demonstration, holding that the state had violated their right to ___, their freedom of expression, and their right to petition the government for a redress of grievances.
A law or other government action that infringes liberty in its most general sense, i.e., the freedom to do what one wishes, generally is subjected to the ___ basis test. This test places the burden on the party challenging the law to show that it is not rationally related to a legitimate governmental interest. The ___ basis test applies minimal scrutiny, and is the level of judicial review most deferential to the government action.
___ of powers is “one of the two basic structural characteristics of the American constitutional system" by which the Constitution allocates the legislative, executive, and judicial functions of the national government to separate branches.
The power of the judicial branch to declare actions of the executive and legislative branches unconstitutional is known as the power of "___ review."
In Schenck v. US (1919) the First Amendment does not protect speech that approaches creating a clear and present ___ of bringing about a condition that the government has a right or duty to prevent, such as serious harm to the national security or public safety. The Court wrote that the protection of free speech would not, for example, protect a man in falsely shouting “Fire!” in a theater, and causing a panic….”
Congress’s ___ Powers, set out in Article I, include, among others, the powers to tax and spend, the power to regulate interstate commerce, and the power to establish a federal court system.
Down
Although even hate speech (abusive language based on a person’s race, nationality, religion, or sexual orientation) is generally entitled to 1st Amendment protection, Court held in Virginia v. Black (2003) that a state law banning cross burning, a “particularly virulent form of ___” is allowed.
In ___ v. Verner (1963) the Supreme Court created ___ test for determining whether a government has unconstitutionally infringed on a person's free exercise of religion. To prove its action was not a constitutional violation under the ___ test, the government must show that its policy or action that burdens religiously motivated conduct is the least restrictive means of achieving a compelling interest.
A constitutional check on the President's power is the mechanism by which the President can be ___ from power, by impeachment in the House and conviction in the Senate, pursuant to Article II, Section 4 of the Constitution, "of, Treason, Bribery or other high Crimes and Misdemeanors."
Two constitutional provisions that were infamously cited by Chief Justice Taney to justify his holding in the Dred ___ case that the framers intended neither slaves nor their descendants to be covered by the term “citizen” as used in the Constitution were Article I, Section 9, which provided constitutional protection for the slave trade and Art. IV, § 2, which required escaped slaves to be returned to their masters.
One important “check” or limit on the Court’s power under the Constitution is that the President can change the composition of the Court through the ___ power.
Methods the southern states used to ___ Black citizens (keep them from voting) even after the ratification of the 15th Amendment included: Grandfather clauses and literacy tests; Poll Taxes; and White-only Primaries.
Governmental restrictions on fundamental rights are subject to the strict ___ level of judicial review. Under this test, such restrictions are presumed to be unconstitutional. Government carries the burden of showing the law furthers a compelling governmental interest and is narrowly tailored to that purpose. Strict ___ is the most rigorous test, and the least deferential to the government action.
A self-imposed limitation on the exercise of judicial review is called "judicial ___." The opposite of "judicial activism."
One of the Amendments to the Constitution that was made on the heels of the Civil War was the 14th Amendment (1868). The 14th Amendment defines citizenship, and provides that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the ___ protection of the laws."
In Obergefell v. Hodges (2015) the Court legalized same-sex ___ in all states.
In ___ v. US (1944) the Court created the "suspect classification doctrine--that laws classifying people according to race, ethnicity, or religion are inherently suspect and will be subjected to strict judicial scrutiny. This doctrine has had a lasting influence on equal protection jurisprudence. In this case the Court said it applied this rigid scrutiny and nonetheless determined that moving Japanese American people out of their homes and into camps because of race was not a constitutional violation because of national security. The Court did not officially repudiate the ___ decision until 2018.
Individual ___ protected by the Constitution of 1787 (before the Bill of Rights was adopted) include limitation of prosecution for treason, the privilege of habeas corpus, the prohibition against ex post facto laws and bills of attainder, and Protection of contracts from state interference.
In Tinker v. Des Moines School District (1969) the Supreme Court held that suspension of students wearing black arm bands in protest of the Vietnam War was a ___ of their 1st Amendment rights.
One of the two basic structural characteristics of the American constitutional system is ___ whereby constitutional authority (power) is divided between the national government and the fifty states. Unlike a unitary system, in which all authority is in a central government, and political subdivisions like states or provinces are just subdivisions of that central government, in a federal system, the national government is sovereign, AND the states are each sovereign entities as well.
The only way that Congress can override a Supreme Court decision based on the US Constitution is by constitutional ___.
A constitutional responsibility of the President is to “take Care that the Laws be faithfully ___.”
One of the Amendments to the Constitution that was made on the heels of the Civil War, the 15th Amendment (1880), prohibits racial discrimination in ___ rights.
After the Civil War, one of the constitutional amendments passed was the 14th Amendment, which provides in part:  “No state shall . . . deprive any person of life, liberty, or property, without due process of law. . . .” The Supreme Court has interpreted this clause as incorporating into the 14th Amendment provisions of the Bill of Rights, thus making the Bill of Rights protections ___ to state and local government actions and policies.
The ___ Rights Act of 1965 outlawed the use of literacy tests as a condition of ___, waived accumulated poll taxes, and required certain states to 'pre-clear' changes in ___ procedures.
In D.C. v. ___ (2008) the Supreme Court struck down a District of Columbia ban on handguns in the home. The Court cited a right to self-defense with weapons typically possessed by "law-abiding citizens." The Court minimized the significance of the word "militia" in the second amendment's text, calling this portion a "prefatory clause" – as opposed to an "operative clause".