Chapter 3 Test

Question 1

What is the name of the clause that denotes the implied powers?

Answer 1

The Necessary and Proper Clause/ Elastic Clause

Question 2

What are concurrent powers?

Answer 2

powers that belong to both the nat’l and state gov’ts

Question 3

What 4 guarantees does the Constitution give to the states?

Answer 3

1) republican form of gov’t
2) protections against foreign invasion
3) protections against domestic violence
4) respect for geographic integrity of states

Question 4

What happened as a result of McCulloch v. Maryland?

Answer 4

Marshall court ruled that although no provision of the Constitution grants the nat’l gov’t the expressed power to create a nat’l bank, the authority to do so can be implied under the Necessary and Proper Clause/Elastic Clause

Question 5

What happened as a result of Gibbons v. Ogden?

Answer 5

The Marshall court defined commerce as including all business dealings, and the power to regulate interstate commerce belongs exclusively to natl’l gov’t

Question 6

What was the first interpretation of federalism? Describe it.

Answer 6

Dual federalism views the nat’l and state gov’ts each remaining supreme within their own sphere of influence; “layer cake federalism” b/c each level is separate

Question 7

What was the second interpretation of federalism? Describe it.

Answer 7

Cooperative federalism views the nat’l and state govt’s as sharing policymaking and cooperating in solving problems; “marble cake federalism;”

Question 8

What was the historical era surrounding cooperative federalism?

Answer 8

New Deal era and the need for the natl’ gov’t to increase gov’t spending and public assistance programs during the Great Depression i.e. national interstate highway; also LBJ’s “Great Society” required greater cooperation from the states in return for federal grants

Question 9

What does devolution mean? What presidents employed it?

Answer 9

Devolution is a transfer of power to political subunits; Nixon, Reagan, and George H.W. Bush; i.e. welfare reform legislation, which gave more authority over welfare programs to the states

Question 10

What is fiscal federalism?

Answer 10

the nat’l gov’ts pattern of spending, taxation, and providing grants to influence state and local gov’ts

Question 11

What does the nat’l gov’t use fiscal policy for?

Answer 11

to influence the states through granting or withholding money to pay for programs

Question 12

What are categorical grants? Describe 2 types

Answer 12

categorical grants have a specific purpose defined by law i.e. sewage treatment facilities or school lunch programs

1. project grants- awarded on the basis of a competitive application
2. formula grants- awarded on the basis of an established formula like Medicaid

Question 13

What are block grants?

Answer 13

general grants that can be used for a variety of purposes within a broad category such as education, health care, or public services; fewer strings attached so state and local gov’ts have grater freedom in how the $$ is spent; preferred by states over categorical grants

Question 14

What is revenue sharing?

Answer 14

proposed under LBJ, popular under Nixon; no strings attached form of aid to state and locla gov’ts; can be used for virtually any project but never exceeded more than 2% of revenues; Reagan eliminated them

Question 15

What are mandates?

Answer 15

requirements imposed by the nat’l gov’t on the state and local govt’s i.e. Americans w/Disablities Act mandates that all public buildings be accessible to persons w/disabilities; often require state or locla gov’ts to meet the requirement at their own expense (unfunded mandates)

Question 16

What did the 10th Amendment do?

Answer 16

reserved powers to the states i.e. education and law enforcement

Question 17

What are the two main conditions required for something to be “necessary and proper?”

Answer 17

the law or power must be

1) directly applicable to the main, enumerated power
2) lesser than the main power

Question 18

What was the decision of US v. Lopez?

Answer 18

Gun Free School Zone Act was intrusion by nat’l gov’t on state sovereignty; law not substantially related to interstate commerce

Question 19

What were the 3 categories of activities that US v. Lopez established could be regulated under the Commerce Clause?

Answer 19

1. the use of the channels of interstate commerce i.e. prohibiting discrimination at hotels
2. the instrumentalities of interstate commerce i.e. railroads
3. activities that have a substantial relation to interstate commerce

Question 20

What was the decision in Gonzalez v. Raich?

Answer 20

only a rational basis was needed for deciding the activity would affect interstate commerce

Question 21

Name some advantages of federalism

Answer 21

• allows more ppl opportunity to participate
• promotes innovation by allowing states to act as laboratories
• regional interest groups get a strong political voice on the nat’l scene
• encourageas diversity on policy issues

Question 22

Name some disadvantages of federalism

Answer 22

• leads to fragmentation of American politics
• iniquity among states
• states can obstruct implementation of nat’l policy

Question 23

Name 5 powers reserved for the federal gov’t

Answer 23

1. coin $$
2. regulate the economy and foreign and interstate commerce
3. declare war
4. manage nat’l military
5. direct foreign relations

Question 24

Name 5 powers reserve for state gov’ts

Answer 24

1. create local level of gov’t
2. regulate intrastate commerce
3. hold elections
4. ratify amendments
5. conduct social policymaking

Question 25

Name 4 powers shared by the federal and state gov’ts

Answer 25

1. make and enforce laws
2. collect taxes
3. maintain courts
4. allocate $$ for public needs

Question 26

What concept did McCulloch v. Maryland enforce?

Answer 26

the supremacy of the nat’l gov’t

Question 27

What did the elastic clause as interpreted in McCulloch v. Maryland allow Congress to do?

Answer 27

to act on implied powers that are not specifically defined in the Constitution

Question 28

Describe full faith and credit clause

Answer 28

requires each state to formally recognize the documents and judgments handed down by courts in other states; helps coalesce state laws under nat’l umbrella

Question 29

Describe extradition

Answer 29

allows for the return of fugitive criminals arrested in one state to the state in which the crime was committed for prosecution

Question 30

Describe privileges and immunities clause

Answer 30

also helps unify the states by assuring that ll citizens are treated equally when they travel from state to state

Question 31

Name 3 aspects of cooperative federalism

Answer 31

1. shared costs- to receive federal aid, states must pay for a part of a program
2. federal guidelines- to receive funding, state programs must follow federal rules and regulations
3. shared administration- though programs must adhere to basic federal guidelines, they are administered according to the state’s directives

Question 32

term for the nat’l or state gov’t power to take land for the ‘public good’ as long as there is ‘just compensation’

Answer 32

eminent domain

Question 33

Case in which the SUpreme Court interpreted very broadly the ability of Congress to regulate interstate commerce

Answer 33

Gibbons v. Ogden

Question 34

Clause in Article I of the Constitution that has been used very often by Congress to expand their reach over the states

Answer 34

commerce clause

Question 35

What powers are granted to the nat’l gov’t simply b/c it is a sovereign nation?

Answer 35

inherent powers

Question 36

Many rights, like laying taes, are given to both the nat’l and state gov’ts making it what type of power?

Answer 36

concurrent

Question 37

What implies that contracts, like a marriage licence, will be valid in the state they were issued as well as others?

Answer 37

full faith and credit

Question 38

early supreme court decision that declared nat’l supremacy

Answer 38

McCulloch v. Maryland

Question 39

Rights, not specifically mentioned in the Constitution, are given to citizens through which amendment?

Answer 39

9th

Question 40

Name an amendment to the Constitution that the federal gov’t has used to expand its power over the states

Answer 40

14th

Question 41

requirements that direct states, usually through a federal law, to provide additional services under threat of penalties (and a law that is an example of it)

Answer 41

mandate/americans with disabilities

Question 42

What basic principle of the Constitution states the ppl are the only source of gov’t?

Answer 42

popular sovereignty

Question 43

the amendment that states use to reserve powers to themselves and limit the power of the federal gov’t

Answer 43

10th Amendment

Question 44

What example of Cooperative Federlism involves the federal gov’t supplying $$ to local gov’ts to carry out their functions?

Answer 44

grant-in-aid programs or grants

Question 45

Which case ruled that Congress had implied powers in addition to its enumerated powers?

Answer 45

McCulloch v. Maryland

Question 46

Which case defined commerce very broadly to encompass virtually every form of commercial activity?

Answer 46

Gibbons v. Ogden