Book: Ch. 3. Quiz / Key terms / Essays Flashcards

1
Q

Understand federalism (pp. 80–86)

A

Along with many other countries, the American system
of government has divided power between national and regional or state governments. That division of power has varied over time, and America’s notion of federalism has evolved through a number of forms.

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2
Q

federalism (p. 80)

A

a system of government in which power is divided between a central government and regional governments

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3
Q

sovereign (p. 82)

A

possessing supreme political authority within a geographic area

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4
Q
  1. Federalism refers to
    a) a system of government where cities are strong.
    b) a system of government where executive power is
    grounded in a committee of governors.
    c) a system of government where there is a national
    government as well as a number of regional govern-
    ments.
    d) a system of government dominated by business
    interests.
    e) a system of government with strong parliaments.
A

c) a system of government where there is a national
government as well as a number of regional govern-
ments.

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5
Q
  1. The Articles of Confederation
    a) was a loose confederation of independent states
    that operated in the 1820s.
    b) was never accepted by a majority of the states.
    c) derived its power directly from the state
    governments.
    d) replaced the U.S. Constitution of 1787.
    e) outlawed effective state constitutions.
A

c) derived its power directly from the state

governments.

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6
Q
  1. The relationship between the states and the national government
    a) has been a matter of continuing controversy throughout the nation’s history.
    b) was finally settled when the Articles of Confederation were rejected in favor of the U.S. Constitution.
    c) was resolved for all time by the Civil War.
    d) was resolved by Article I, Section 8, of the U.S.
    Constitution.
    e) was not a problem in a federal system.
A

a) has been a matter of continuing controversy throughout the nation’s history.

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7
Q
  1. The Supreme Court under John Marshall expanded national power partly through
    a) rejecting the Articles of Confederation.
    b) expanding the meaning of interstate commerce.
    c) expanding Congress’s war-making powers.
    d) ignoring the Tenth Amendment.
    e) increasing the powers of the president.
A

b) expanding the meaning of interstate commerce.

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8
Q
  1. Prior to the ratification of the Fourteenth Amendment, the Bill of Rights
    a) applied only to states.
    b) applied only to the national government.
    c) applied to states and the national government.
    d) was essential in protecting individual rights.
    e) was applied only in extreme cases of rights
    violations.
A

b) applied only to the national government.

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9
Q
  1. McCulloch v. Maryland (1819) was important
    a) in establishing that the national government had
    implied powers.
    b) in establishing that state governments had implied
    powers.
    c) in showing that the state and national governments
    could cooperate.
    d) in preventing national banks from operating.
    e) in destroying corrupt state banking systems.
A

a) in establishing that the national government had

implied powers.

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10
Q

categorical grants (p. 87)

A

congressionally appropriated grants to states and localities on the condition that expenditures be limited to a problem or group specified by law

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11
Q

New Federalism (p. 90)

A

the attempts by Presidents Nixon and Reagan to return power to the states through block grants

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12
Q

block grants (p. 90)

A

federal grants that allow states considerable discretion on how funds are spent

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13
Q

Describe the sources of national and state power as they relate to federalism today (pp. 90–100)

A

The incorporation of much of the Bill of Rights has limited the power of state governments by making them subject to restrictions under the U.S. Constitution. Additionally, the preemption doctrine has allowed the national government to prohibit state legislation in certain fields. An important constitutional provision that limits state action is the Fourteenth Amendment, particularly the equal protection clause of that amendment which prohibits discriminatory actions by state governments. Until recently, a number of jurisdictions—including Texas—were limited by the 1965 Voting Rights Act in the legislation they could pass involving the electoral process, although a recent U.S. Supreme Court decision has made it possible for Texas to pass controversial voter identification legislation. Finally, while state governments cannot reduce the rights guaranteed by the U.S. Constitution, they can expand those guarantees under the concept of independent state grounds.

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14
Q

coercive federalism (p. 90)

A

federal policies that force states to change their policies to achieve national goals

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15
Q

unfunded mandates (p. 90)

A

federal requirements that states or local governments pay the costs of federal policies

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16
Q

preemption (p. 90)

A

where the national government imposes its priorities and prevents the state from acting in a particular field

17
Q

Sanford dictum (p. 94)

A

held in Gitlow v. New York that the First Amendment right of free speech was a fundamental right that applied to the states

18
Q

selective incorporation (p. 94)

A

rights in the Bill of Rights that the Court believes are fundamental and are held to apply to the states as well as the national government because they are part of the “liberty” protected from state action in the Fourteenth Amendment

19
Q
  1. Dual federalism
    a) refers to a system of government where states do
    most of the governing.
    b) existed in the United States following World War II.
    c) rejected the idea that states were sovereign political entities.
    d) is the idea that there are two branches to the national legislature.
    e) drained all power from state governments.
A

a) refers to a system of government where states do

most of the governing.

20
Q
  1. Layer-cake federalism switched to marble-cake federalism
    a) after the Civil War.
    b) during World War I.
    c) during the New Deal.
    d) after the fall of the Soviet Union.
    e) because of President Ronald Reagan’s efforts.
A

c) during the New Deal.

21
Q
  1. The use of categorical grants was a way of promoting
    a) cooperative federalism.
    b) dual federalism.
    c) coercive federalism.
    d) bipartisan federalism.
    e) civil rights.
A

a) cooperative federalism.

22
Q

intermediate standard of review (p. 97)

A

primarily used for classifications in the law based on sex; for the law to be constitutional the government must show important governmental objectives and the law must be substantially related to achievement of those objectives

23
Q

independent state grounds (p. 99)

A

allow states, usually under the state constitution, to expand rights beyond those provided by the U.S. Constitution

24
Q
  1. Hostility to modern federalism is partly a result of
    a) dual federalism.
    b) funded mandates.
    c) unfunded mandates.
    d) Tenth Amendment interpretations.
    e) high taxes.
A

c) unfunded mandates.

25
Q
  1. States must adhere to most of the provisions of the Bill of Rights because of a process known as
    a) inclusion of the Bill of Rights.
    b) incorporation of the Bill of Rights.
    c) expansion of the Bill of Rights.
    d) ratification of the Bill of Rights.
    e) the Sanford dictum.
A

e) the Sanford dictum.

26
Q
  1. The equal protection clause of the Fourteenth Amendment
    a) makes it difficult for states to discriminate against minorities.
    b) is rarely used by federal courts.
    c) ensures that states will continue to have a republi-
    can form of government.
    d) mandates the right to vote for all adult citizens.
    e) requires all states to have an equal number of
    senators.
A

a) makes it difficult for states to discriminate against minorities.

27
Q
  1. The outcome of a court case involving the equal protection clause
    a) tends to be determined by the standard of review that is used.
    b) depends on how unequal the law is.
    c) depends on the skill of the lawyers.
    d) can never be predicted.
    e) is usually in favor of the state.
A

a) tends to be determined by the standard of review that is used.

28
Q
  1. Independent state grounds
    a) allow states to provide fewer state constitutional protections.
    b) allow states to provide more state constitutional protections than the U.S. Constitution.
    c) allow states to remain independent of the national
    government.
    d) prevent the national government from overriding the
    Tenth Amendment rights of states.
    e) limit the power of the national government to pass
    economic regulations.
A

b) allow states to provide more state constitutional protections than the U.S. Constitution.

29
Q
  1. The national government can preempt state laws because
    a) the national government is weaker than any state.
    b) the Tenth Amendment to the Constitution specially allows state laws to be overridden by federal laws.
    c) the supremacy clause of the Constitution makes national laws supreme over state laws.
    d) the Sanford dictum established preemption.
    e) the main reason the Constitution was adopted was
    so that state laws could be preempted.
A

c) the supremacy clause of the Constitution makes national laws supreme over state laws.

30
Q
  1. The Voting Rights Act
    a) ensured the right to vote for women.
    b) ensured the right to vote for 18-year-olds.
    c) approved photo ID requirements for voters.
    d) required that voters know how to read and write.
    e) was the major law providing the right to vote for
    African Americans.
A

c) approved photo ID requirements for voters.