Chapter 4

Question 1

Q1: Define Federalism.

Answer 1

A: Federalism is a system of government in which a written constitution divides power between a central government and regional (state or local) governments. Each level of government has its own powers and operates independently within its sphere.

Question 2

Q2: How does the Tenth Amendment establish federalism?

Answer 2

A: The Tenth Amendment establishes federalism by reserving powers not delegated to the national government, but provides power for the individual states.

This division reinforces the balance of power between federal and state governments.

Question 3

Q3: Why do you think the framers of the Constitution chose federalism?

Answer 3

A: The framers chose federalism to create a government strong enough to maintain order and unity,

yet limited enough to prevent the national government from overpowering state governments.

Federalism was intended to balance power and preserve individual state autonomy within a unified nation.

Question 4

Q4: What are delegated powers, and what are the types of delegated powers given to the national government by the Constitution?

Answer 4

A: Delegated powers are powers specifically assigned to the national government by the Constitution. They include:

Expressed (Enumerated) Powers: These are powers explicitly stated in the Constitution, such as the power to tax, regulate commerce, and declare war.

Implied Powers: Powers not expressly stated but are suggested or implied through the “necessary and proper clause” (Article I, Section 8), such as establishing a minimum wage under the power to regulate commerce.

Question 5

Q5: What types of powers are denied to the National Government? Describe each.

Answer 5

Expressly Denied: Powers that the Constitution explicitly forbids the national government, such as infringing on freedom of speech or taxing exports.

Silence of the Constitution: If the Constitution does not grant a power to the national government or deny it to the states, it is considered reserved for the states. For example, establishing a public school system.

Cannot Do Away with Federalism: The national government cannot undermine the division of power inherent in federalism, such as attempting to tax a state out of existence.

Question 6

Q6: What are reserved powers, and can you provide some examples?

Answer 6

A: Reserved powers are powers not granted to the national government thus retained by the states.

Examples include regulating intrastate commerce, establishing local governments, and conducting elections.

Question 7

Q7: What powers are denied to the states?

Answer 7

A: States cannot enter treaties, alliances, or confederations, coin money, or pass any law that violates federal law, such as taxing federal government institutions.

Question 8

Q8: What are exclusive powers, and can you give examples?

Answer 8

A: Exclusive powers are those exercised only by the national government and cannot be exercised by the states.

Examples include coining money, regulating interstate and foreign trade, and declaring war.

Question 9

Q9: What are concurrent powers, and can you provide examples?

Answer 9

A: Concurrent powers are those shared by both the national and state governments.

Examples include the power to tax, establish courts, and make and enforce laws.

Question 10

Q10: Why is the Supremacy Clause significant?

Answer 10

A: The Supremacy Clause, found in Article VI of the Constitution,

establishes that the
1. Constitution,
2. federal laws,
3. and treaties

are the “supreme law of the land.” It ensures that federal law prevails over state law in cases of conflict, maintaining a unified legal framework across the nation.

Question 11

Q11: Define and explain the Supremacy Clause.

Answer 11

A: The Supremacy Clause, located in Article VI of the Constitution, declares that the

1.Constitution,
2.federal laws
3.treaties

Constitute the supreme law of the land.

This means that federal law takes precedence over state laws when there is a conflict, ensuring national consistency in laws.

Question 12

Q12: What are the national government’s three obligations to the states?

Answer 12

A:
Republican Form of Government: The national government must guarantee every state a republican form of government, ensuring a representative political system.

Protection from Invasion and Internal Disorder: The national government is obligated to protect states from foreign invasion and help maintain order during domestic disturbances.

Respect for Territorial Integrity: The national government must respect the boundaries of each state and cannot create a new state out of an existing state’s territory without consent.

Question 13

Q13: How does the major disaster process illustrate federalism?

Answer 13

A: The major disaster process shows federalism by combining efforts from both state and national governments.

States initiate disaster response, but when state resources are insufficient, they can request federal assistance.

This shared responsibility demonstrates federalism in action, with both levels of government cooperating to address large-scale crises.

Question 14

Q14: Describe the process to admit new states and explain how it reflects federalism.

Answer 14

A: Only Congress has the power to admit new states.

The process involves an enabling act (allowing a territory to draft a constitution), followed by Congress’s review of the proposed constitution.

If approved, Congress passes an act of admission to officially grant statehood. This process illustrates federalism by requiring both the territory and federal government’s involvement, balancing state and national interests.

Question 15

Q15: Define “enabling act” and “act of admission.”

Answer 15

A:
Enabling Act: Legislation that authorizes a U.S. territory to create a state constitution as a step toward statehood.

Act of Admission: A congressional act that officially admits a new state into the Union after approval of its constitution.

Question 16

Q16: What are the obligations of the states?

Answer 16

A:
Elections: States conduct and finance elections, even for federal positions.

Ratifying Amendments: States play a critical role in ratifying constitutional amendments, requiring a majority approval among states for amendments to be adopted.

Question 17

Q17: Define federal grants.

Answer 17

A: Federal grants are sums of money provided by the federal government to state or local governments for specific purposes, often with conditions or requirements attached, such as spending on education, infrastructure, or healthcare.

Question 18

Q18: What is a mandate, and provide an example.

Answer 18

A: A mandate is a federal directive that requires states to comply with certain federal standards or policies. An example is the Real ID Act, which mandates states to require proof of citizenship for driver’s licenses.

Question 19

Q19: Define “restraint” in the context of federalism.

Answer 19

A: Restraint refers to an action by the federal government that limits the ability of states to regulate in certain areas, such as the 1990 Nutritional Labeling and Education Act, which standardized food labeling.

Question 20

Q20: What is preemption?

Answer 20

A: Preemption is the federal government’s authority to take over a state government function or law, effectively preventing states from acting in certain areas. An example is the Voting Rights Act, which preempts certain state voting regulations.

Question 21

Q21: Explain McCulloch v. Maryland and its two important outcomes.

Answer 21

A:
Background: Maryland imposed a tax on the Second Bank of the United States, challenging the federal government’s power to establish a bank.

Outcomes:
1. The Supreme Court ruled that Congress has the authority to establish a national bank under implied powers,
2. federal law is supreme over state law, reinforcing the Supremacy Clause.

Question 22

Q22: Define implied powers.

Answer 22

A: Implied powers are powers not explicitly stated in the Constitution but are considered necessary to implement expressed powers, as provided by the “necessary and proper clause.”

Question 23

Q23: Define supremacy in the context of federalism.

Answer 23

A: Supremacy refers to the precedence of federal laws over state laws in cases of conflict, ensuring that national authority is upheld in the legal system.

Question 24

Q24: What are interstate compacts, and who has the power to approve them?

Answer 24

A: Interstate compacts are formal agreements between two or more states to collaborate on shared issues like resource management or law enforcement. Congress has the authority to approve these compacts, ensuring they do not conflict with federal interests.

Question 25

Q25: The Full Faith and Credit Clause states that…

Answer 25

A: The Full Faith and Credit Clause requires states to recognize and respect the public acts, records, and judicial proceedings of every other state. This clause ensures consistency across states in matters like marriage, judgments, and property ownership.

Question 26

Q26: Define “extradition,” and explain who is responsible for executing it.

Answer 26

A: Extradition is the legal process by which a fugitive is returned to the state where they are accused of a crime.

State governors are responsible for executing extradition, but federal courts can intervene if necessary.

Question 27

Q27: What does the Privileges and Immunities Clause provide?

Answer 27

A: The Privileges and Immunities Clause prevents states from discriminating unreasonably against residents of other states. While states can make reasonable distinctions, such as charging out-of-state tuition for universities, they cannot deny basic rights or privileges, such as access to courts or property ownership.

Question 28

Q28: Define public policy.

Answer 28

A: Public policy is the set of actions and decisions taken by a government to address issues or achieve goals.

Policies can be enacted at both state and national levels, impacting various aspects of society like education, health, and economic regulation.

Question 29

Q29: What are some policies that started at the state level and spread nationally?

Answer 29

A: Policies that began at the state level and later influenced national legislation include:

Voting Age Reduction: Georgia was the first state to lower the voting age to 18, which later became national law.

Women’s Suffrage: Initially adopted in Western states like Wyoming, women’s suffrage spread nationwide.

Poll Taxes: Some states first enacted or abolished poll taxes before national changes were made.

Question 30

Q30: Define “Sunset Law.”

Answer 30

A: A Sunset Law is a law that requires periodic reviews of government agencies or laws to determine if they are still necessary. These laws help prevent outdated policies from remaining in effect.

Question 31

Q31: Define “Sunshine Law.”

Answer 31

A: A Sunshine Law requires government meetings and decision-making processes to be open and accessible to the public, promoting transparency in government activities.

Question 32

Q32: What are some national policies that have been imposed on the states?

Answer 32

A: National policies that states must follow include:

Civil Rights Laws: Federal civil rights protections against discrimination are imposed on states.

Commerce Regulations: The federal government imposes commerce regulations that affect interstate and some intrastate businesses, under the Commerce Clause.

Question 33

Q33: Explain the perspectives on federalism: state’s rights and nationalist positions.

Answer 33

A:
State’s Rights Position: Advocates for state power emphasize the Tenth Amendment, arguing that states should have more autonomy and less federal intervention. This position is typically associated with conservative or Republican views.

Nationalist Position: Proponents of a stronger national government believe that the federal government is better equipped to address large-scale issues, citing the Supremacy Clause and the “necessary and proper clause” as justifications. This view is often associated with liberal or Democratic perspectives.