exam 2 Flashcards

Question

Unitary system

Answer 1

contrast with federalism in which lower levels of government have little independent power and primarily just implement decisions made by the central government.

Answer 2

federalism, which assigned specific powers to the national government and left others to the states.

Answer 3

the first nation to adopt federalism at its governing framework by granting expressed powers to the national government and reserving the rest to the states. the original constitution recognized two authorities state and federal

Answer 4

diverse ethnic, language, or regional groupings, like switzerland , the US, and canada

Answer 5

citizens to express their preferences, promising to maximize democratic participation, taxing, spending, and policy making powers , policy experimentation and innovation, tailors to policy to local preferences

Answer 6

state and local governments have even more policy -making responsibilities than in most federal systems. The result is wide variation in policies and a centuries long tug of war between national and state gov

Answer 7

the federal structures division of labor across the levels of government -the processes by which those levels of government negotiate and compromise over policy responsibility- one of the most characteristic aspects of American government

Answer 8

age based boundaries that are state dependent, used to advance conservative policy goals, Patriot Act-increased serveillence by the government-department of homeland security, no child left behind- dems also had power to make change obama reveresed nclb and gave the power back to the states

Answer 9

federalism concerns individuals democratic participation and the accountability of government to the people. provide opportunities for ordinary citizens to vote

Answer 10

seeking policy change at a different level of government if stymied at first

Answer 11

the overlapping policy responsibilities facilitated by federalism make it difficult for individuals to figure out which government is responsible for the problem that concerns them and they may give up. its hard to make demands when you don't know who's in charge

Answer 12

the expressed powers granted to the national gov be Article I section 8 of the constitution . collect taxes, coin money, declare war, and regulate commerce. The implied powers that enable congress " to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. " the supreme court allowed the the implied powers through the necessary and proper clause - national gov power became more broad - supremacy clause " supreme law of the land"

Answer 13

tenth amendment- powers of the constitution do not delegate to the national government or prohibit to the states are "reserved to the the states respectively these are the reserved powers amendment

Answer 14

states and the national government share powers to regulate commerce and the economy - where ever there is a direct conflict of laws between the federal and state levels , the issue will most likely be resolved in favor of national supremacy

Answer 15

voting rights and process of elections, draw congressional district boundaries, establish voter registration requirements, decide whether absentee voting is allowed, organize the casting and counting of ballots

Answer 16

power of coercion- the power to develop and enforce criminal codes, administer health and safety rules , and regulate family through marriage and divorce laws . regulate livelihoods - private property because of laws also under eminent domain the state may seize property but compensate the owner for their loss

Answer 17

aimed to make states less independent countries and more unified nation Article IV , section 1, calls for full faith and credit among states , meaning that each state is normally expected to honor the public acts, records, and judicial proceedings of the other states.

Answer 18

if one states law is against the strong public policy of another state, that state may not be obligated to recognize it

Answer 19

Article IV section 2 known as the comity clause seeks to promote national unity. the immunities of one state should be entitled to similar treatment in other states . This has come to mean that a cannot discriminate against someone from another state or give special privileges to its own residents .

Answer 20

it has no status in the U.S. constitution instead state constitutions define local government structures and responsibilities thus local government is controlled by the state

Answer 21

the imbalance of power means that state gov could legally dissolve local governments or force multiple governments to consolidate into one. Most states have amended their larger cities a guarantee of noninterference in various areas of local affair

Answer 22

The U.S. Constitution establishes expresses powers for national government in Article 1 section 8 , and it establishes reserved powers to the states in the tenth amendment

Answer 23

In a unitary system, the national government holds most policy making authority, and in a federal system, policy making authority is shared among national government and regional or state government

Answer 24

federal framework is not static , changes as competitions pursue their own interests, The passage discusses how the federal framework of government evolves over time due to competing forces. Initially, states held more power than the federal government, especially in economic and social regulation. Over time, Supreme Court decisions and major events, such as the New Deal in the 1930s, expanded federal authority. However, states have continued to assert their influence in certain policy areas. Crises, such as the 9/11 attacks, the 2008 financial crisis, and the 2020 COVID-19 pandemic, have historically shifted power back to the federal government.

Answer 25

Adaptation of state laws to local conditions Public works Contracts for public works Licensing of public accommodation Zoning and other land-use regulation Basic public services

Answer 26

Property, estate, and inheritance laws Commerce and banking laws Corporate, occupation, profession, and insurance laws Family, morality, public health, and education laws Penal and criminal laws Eminent domain, construction, land use, water, and mineral laws Local government, election, and civil service laws

Answer 27

Internal improvements Subsidies Tariffs Public land disposal Patents Currency

Answer 28

dual federalism historically has meant that states have done most of the fundamental governing . We call this state centered federalism the traditional system because it prevailed for much of american history. Under this system, the national government was quite small and very narrowly specialized in its functions

Answer 29

The functions of the national government in the 19th century were primarily aimed at assisting commerce, such as building roads or protecting domestic industries with tariffs on imported goods. There was little direct coercion of citizens, and the emphasis was on promotion and encouragement, such as providing land or capital needed for economic development. State legislatures were also actively involved in economic regulation, 1 with state laws and court decisions regarding contracts, markets, credit, banking, incorporation, and insurance shaping American capitalism. Until the Thirteenth Amendment abolished slavery, property law extended to slavery, and the fugitive slave clause of the Constitution required even "free states" without slavery to return freedom-seeking enslaved people to the states from which they had escaped

Answer 30

Primarily aimed at assisting commerce (e.g., building roads, tariffs). Virtually no direct coercion of citizens; emphasis on promotion and encouragement (e.g., providing land or capital).

Answer 31

State legislatures.

Answer 32

State property and trespass laws, contracts, markets, credit, banking, incorporation, and insurance.

Answer 33

Until the 13th Amendment, property law extended to slaves. The Constitution's fugitive slave clause (Article IV, Section 2) required even "free states" to return escaped slaves.

Answer 34

It abolished slavery, thus ending the legal concept of slaves as property.

Answer 35

Both national and state governments played active roles. The national government focused on promoting commerce through assistance and encouragement, while state governments regulated various aspects of the economy through laws and court decisions. Slavery was a key factor influencing property law until the 13th Amendment.

Answer 36

The Supreme Court made several critical decisions that expanded federal powers, especially when there was conflict between the states and the federal government.

Answer 37

They removed interstate barriers to trade and laid the groundwork for a national economy.

Answer 38

Article I, Section 8.

Answer 39

The powers of Congress, including: the power to tax raise an army declare war establish post offices regulate commerce with foreign nations, among the states, and with Indian tribes.

Answer 40

The Commerce Clause ("regulate commerce with foreign nations, and among the several States, and with the Indian tribes").

Answer 41

Its scope was initially unclear.

Answer 42

Through key decisions based on a pro-national interpretation of Article I, Section 8 (particularly the Commerce Clause), the Supreme Court expanded federal power, removed interstate trade barriers, and paved the way for a national economy. The Commerce Clause, though initially vague in scope, became a crucial foundation for future expansion of federal authority over the economy.

Answer 43

McCulloch v. Maryland (1819)

Answer 44

Whether Congress had the power to charter a national bank, considering this power is not explicitly mentioned in Article I, Section 8 of the Constitution.

Answer 45

He asserted that the power could be "implied" from other powers expressly granted to Congress, such as the power to regulate commerce.

Answer 46

The Necessary and Proper Clause (Article I, Section 8), which allows Congress to enact laws "necessary and proper" for carrying out its delegated powers.

Answer 47

The Supremacy Clause, stating that the "Laws of the United States... shall be the supreme Law of the Land," meaning any state law conflicting with federal law is invalid.

Answer 48

It affirmed and expanded the implied powers of the federal government (through the Necessary and Proper Clause) and reinforced the supremacy of federal law over state law when there is a conflict.

Answer 49

In McCulloch v. Maryland, the Supreme Court, under Chief Justice John Marshall, determined that Congress has implied powers beyond those explicitly listed in the Constitution, as long as they are related to enumerated powers. This was based on the Necessary and Proper Clause. The Court also asserted the supremacy of federal law over state law, solidifying the federal government's authority. This case significantly shaped the interpretation of federal power and its relationship with the states.

Answer 50

Gibbons v. Ogden (1824)

Answer 51

Whether New York State could grant a monopoly to Robert Fulton's steamboat company for an exclusive service between New York and New Jersey.

Answer 52

He argued that the state lacked the power to grant such a monopoly and had to define "commerce among the several states" as used in Article I, Section 8 of the Constitution.

Answer 53

He defined it as "comprehensive," extending to "every species of commercial intercourse."

Answer 54

It was limited "to that commerce which concerns more states than one."

Answer 55

It established the supremacy of the national government in all matters affecting what later came to be called "interstate commerce."

Answer 56

In Gibbons v. Ogden, the Supreme Court, under Chief Justice Marshall, defined "commerce among the several states" broadly, encompassing all forms of commercial interaction that concern more than one state. This established the federal government's supremacy in regulating interstate commerce, significantly impacting the balance of power between states and the national government.

Answer 57

It largely sided with business interests, allowing them to benefit from national policies promoting commerce while shielding them from policies regulating commerce that protected consumers and workers.

Answer 58

After 1937. The Supreme Court issued a series of decisions that laid the groundwork for a much stronger federal government.

Answer 59

The dramatic expansion of the interpretation of the Commerce Clause.

Answer 60

It abandoned the distinction between interstate and intrastate commerce, converting the clause from a limitation on federal power to a source of broad power for the national government.

Answer 61

Acts that: Protected the rights of employees to organize and engage in collective bargaining. Regulated the amount of farmland in cultivation. Extended low-interest credit to small businesses and farmers. Restricted the activities of corporations dealing in the stock market.

Answer 62

They contributed to the construction of the modern safety net of social programs (created in response to the Great Depression) and signaled the end of the era of dual federalism.

Answer 63

It gave Congress very broad powers to regulate activity in the states, significantly increasing the federal government's power at the expense of state power.

Answer 64

For decades after the Civil War, the Supreme Court used the Commerce Clause to protect business interests from federal regulation. However, a significant shift occurred after 1937. The Court broadened its interpretation of the clause, eliminating the interstate/intrastate distinction and transforming it into a major source of federal power. This allowed for greater federal regulation of the economy and led to the expansion of social programs, fundamentally altering the balance of power between the federal government and the states.

Answer 65

The economic crisis of the Great Depression and the government's response to it.

Answer 66

States and localities, usually through private charities.

Answer 67

It quickly exhausted their capacities due to the widespread need and severity of the crisis.

Answer 68

He maintained that the federal government could do little and that it was a matter for state and local governments to handle.

Answer 69

He energetically involved the federal government in combating the Depression through a series of programs known as the New Deal.

Answer 70

They included temporary relief and work programs, largely financed by the federal government but administered by the states. Additionally, several federal programs were created to provide future economic security.

Answer 71

It signaled the rise of a more active national government in addressing economic and social issues.

Answer 72

The Great Depression overwhelmed the capacity of state and local governments to provide aid. President Hoover initially resisted federal intervention. However, under President Roosevelt, the federal government took a much more active role through the New Deal, providing relief, work programs, and social security initiatives. This marked a significant shift towards a more active national government and a new era of federalism in the United States.

Answer 73

Grants-in-aid.

Answer 74

Money provided by the federal government to states on the condition that it be spent for a particular purpose defined by Congress.

Answer 75

Providing school lunches and building highways.

Answer 76

Sometimes state or local governments were required to match the national contribution dollar for dollar.

Answer 77

Congressional grants provided 90 percent of the cost, highlighting the significant financial support from the federal government for large-scale projects.

Answer 78

They are called categorical grants because the national government determines the purposes or categories for which the money can be used.

Answer 79

The federal Medicaid program.

Answer 80

To pay for medical care for people in poverty, disabled people, and many nursing home residents.

Answer 81

It has risen dramatically, increasing from $54.8 billion in 1960 to an estimated $1,111 billion in 2022.

Answer 82

Cooperative federalism involves the federal and state governments working together to achieve shared goals. Categorical grants exemplify this by providing federal funds to states for specific, federally-defined purposes, like infrastructure or healthcare (Medicaid). This mechanism allows the federal government to influence state-level policy in desired areas while providing crucial financial support. The significant increase in categorical grant spending over time highlights the growing interdependence and collaboration between levels of government in the U.S. federal system.

Answer 83

A new kind of federalism, often called cooperative federalism.

Answer 84

Dual federalism.

Answer 85

He characterized it as a move from "layer cake federalism" to "marble cake federalism."

Answer 86

It represents dual federalism because the responsibilities of the national and state governments are clearly separated, like distinct layers of a cake.

Answer 87

It represents cooperative federalism because national, state, and local policies overlap and are intermingled, like the swirls in a marble cake, making it hard to distinguish where one level of government begins and another ends.

Answer 88

Intergovernmental cooperation and sharing of responsibilities have blurred the lines between the national, state, and local governments.

Answer 89

It visually illustrates the difference between dual (layer cake) and cooperative (marble cake) federalism, showing the clear separation of powers in the former and the overlapping, integrated powers in the latter.

Answer 90

Dual federalism, with its distinct separation of federal and state responsibilities, transitioned to cooperative federalism, where collaboration and shared authority are key. This shift is exemplified by the growth of categorical grants, which are federal funds given to states for specific, jointly-defined purposes. The increasing interdependence blurs the lines between governmental levels, moving us from a "layer cake" to a "marble cake" system, as described by Grodzins.

Answer 91

Some grants bypassed the states and went directly to local governments and even local nonprofit organizations.

Answer 92

Discriminatory treatment of African Americans in the South.

Answer 93

As the movement gained momentum, the southern defense of segregation on the grounds of states' rights reinforced the belief in Washington that states could not be trusted to carry out national purposes fairly and equally.

Answer 94

The federal government increasingly viewed Southern state governments as untrustworthy in ensuring the fair and just implementation of federal objectives, especially concerning civil rights.

Answer 95

The federal government's concern over racial discrimination in the South, particularly regarding segregation, led them to believe that Southern states couldn't be relied upon to administer funds fairly for national programs like the War on Poverty. This distrust led to direct funding of local governments and non-profits to ensure these programs reached and benefited all members of the community, including African Americans.

Answer 96

Questions arise about the acceptable extent and areas in which states can differ from one another in their policies.

Answer 97

They have generally pushed for greater uniformity across the states.

Answer 98

By offering incentives or imposing rules.

Answer 99

Regulations on states and localities, known as regulated federalism.

Answer 100

A system where the national government sets standards of conduct for the states, often through mandates or conditions attached to funding.

Answer 101

When state or local standards are less strict or inconsistent with federal ones.

Answer 102

Environmental protection, social services, and education.

Answer 103

Preemption.

Answer 104

Air and water pollution, occupational health and safety, and access for disabled people.

Answer 105

Regulated federalism is a system where the federal government sets mandates or standards that states must follow, resulting in greater uniformity across states in areas like environmental protection, social services, and education. This often involves federal preemption, where the federal government takes over regulatory areas from states if their standards don't align with federal objectives. This approach contrasts with other methods like incentives, and represents a significant expansion of federal power over state decision-making.

Answer 106

Because they increased the cost of doing business.

Answer 107

To limit the ability of states to tax and regulate industry.

Answer 108

It moved to prohibit any state from setting standards different from federal ones, even if stricter, attempting to eliminate California's stricter emissions standards.

Answer 109

The suit was unsuccessful; the court sided with the Trump administration's preemption.

Answer 110

It restored the rights of states to set their own emission standards, even if these were stricter than federal standards, reversing the Trump-era policy.

Answer 111

Regulated industries often opposed federal preemption due to increased costs. After 1994, federal preemption was used to limit state taxation and regulation of industry. Under the Trump administration, preemption was used to prevent states from setting stricter environmental standards, specifically regarding vehicle emissions. This was challenged unsuccessfully in court. However, the Biden administration reversed this policy, allowing states to set stricter standards, showcasing the changing political landscape and its impact on the balance of power between federal and state governments.

Answer 112

since the 1970s states have taken a much more active role in administering large scale programs with the federal government providing states with block grants that have fewer conditions on how the funds should be spent

Answer 113

the supreme court has tended to side with the national government , but it can vary depending on the issue

Answer 114

Debates about the appropriate role for each level of government continue.

Answer 115

Intergovernmental tensions have shifted and even increased.

Answer 116

Several questions, including: Might states be sources of experimentation and innovation ("laboratories of democracy")? Which responsibilities are states capable of managing and financing? Does interstate competition enhance or impede efficiency? Who prefers national rather than state control? Do multiple levels of government promote citizen engagement?

Answer 117

Supreme Court Justice Louis Brandeis.

Answer 118

Their capacity to manage and finance various responsibilities, and whether interstate competition helps or hinders efficiency.

Answer 119

Who prefers national vs. state control, and whether multiple levels of government actually promote citizen engagement.

Answer 120

Federalism remains a relevant and debated topic. Questions persist about the appropriate roles of national, state, and local governments, and intergovernmental tensions are present. The role of states as potential "laboratories of democracy" and their capacity to handle various responsibilities are important considerations. The impact of interstate competition and the preferences for national versus state control are also key issues, as is the fundamental question of whether federalism promotes citizen engagement.

Answer 121

The Tenth Amendment reserves powers not specifically delegated to the national government to the states. It has been used to bolster the role of states in the federal system, particularly during the 19th century when federal power was more limited.

Answer 122

Nullification is an extreme version of the states' rights position. It claims that states do not have to obey federal laws they believe exceed the national government's constitutional authority.

Answer 123

Differences between the North and South over tariffs and slavery led to nullification arguments. John C. Calhoun, a South Carolina senator, was a key figure in articulating these arguments.

Answer 124

Calhoun was a slaveowner and white supremacist. His support for the expansion of slavery heavily influenced his political positions.

Answer 125

Such arguments were voiced less often after the Civil War.

Answer 126

The Supreme Court used the Tenth Amendment to strike down laws it believed exceeded national power, including the Civil Rights Act of 1875.

Answer 127

The Civil Rights Act of 1875 aimed to eliminate discrimination against African Americans in public accommodations and transportation. However, the Supreme Court struck it down.

Answer 128

States' rights is the belief that states possess powers independent of the federal government. The Tenth Amendment, reserving undelegated powers to the states, has been central to this argument. Nullification, an extreme version of this doctrine, asserted a state's right to invalidate federal laws it deemed unconstitutional. This idea was prominent before the Civil War, particularly concerning slavery, but diminished afterward. Despite this, the Supreme Court continued to use the Tenth Amendment to limit federal power, even striking down early civil rights legislation.

Answer 129

Federal power had expanded significantly, making the Tenth Amendment appear irrelevant.

Answer 130

The idea that some powers should be reserved to the states.

Answer 131

Southern opponents of the civil rights movement used it to try to maintain racial segregation.

Answer 132

A declaration by 96 southern members of Congress stating that southern states were not constitutionally bound by Supreme Court decisions outlawing segregation.

Answer 133

It became tarnished.

Answer 134

There was a revival of interest in the Tenth Amendment and important Supreme Court decisions limiting federal power.

Answer 135

Conservatives, believing the federal government encroached on individual liberties, favored returning more power to the states (devolution).

Answer 136

It was the first time since the New Deal that the Court limited congressional power under the commerce clause, striking down a federal law that barred handguns near schools.

Answer 137

Despite the Tenth Amendment seeming irrelevant due to federal power expansion by the late 1930s, the idea of states' rights persisted. It was revived in the 1950s by segregationists but became tarnished. In the 1990s, conservatives, concerned about federal overreach, led to a renewed interest in the Tenth Amendment and Supreme Court decisions limiting federal power, as seen in United States v. Lopez. This case marked a significant moment where the Court reined in Congress's use of the commerce clause, signaling a potential shift towards empowering states.

Answer 138

Devolution is the transfer of responsibility for policy from the federal government to states and localities.

Answer 139

They argue that: States are potential innovators and experimenters ("laboratories of democracy"). Governments closer to the people can better tailor policies to local needs.

Answer 140

A block grant is federal funding that states have considerable leeway in spending.

Answer 141

President Nixon in the early 1970s, as part of his New Federalism initiative.

Answer 142

Job training, community development, and social services.

Answer 143

General revenue sharing, which had no strings attached and allowed recipients to spend the money as they wished.

Answer 144

Like Nixon, he used them to reduce the national government's control and return power to the states. However, unlike Nixon, he also used them to cut federal spending.

Answer 145

Nixon used them for consolidating programs and providing flexibility, while Reagan primarily used them as a tool for budget cuts.

Answer 146

Devolution is the process of shifting power from the federal government to state and local governments. Block grants are a key mechanism in this process, providing federal funds to states with few strings attached, allowing states to tailor spending to their specific needs. This approach is supported by arguments that states can be more innovative and responsive to local needs than the federal government. While Nixon initiated the modern use of block grants, Reagan expanded their use, particularly as a tool for reducing federal spending.

Answer 147

President Nixon.

Answer 148

The early 1970s.

Answer 149

New Federalism.

Answer 150

Job training, community development, and social services.

Answer 151

General revenue sharing.

Answer 152

It had no strings attached.

Answer 153

To reduce national government control and return power to the states, and to cut federal spending.

Answer 154

Reagan used them to cut federal spending as well as shift power to the states, while Nixon focused on consolidating programs and flexibility.

Answer 155

Massachusetts' health care reform of 2006.

Answer 156

Requirements on states imposed by the national government without accompanying funding.

Answer 157

A 1973 federal law prohibiting discrimination against disabled people, requiring accessible public transit but providing no funding for it.

Answer 158

Variation in policy outcomes and questions of who benefits or suffers from government action or inaction.

Answer 159

Welfare reform that changed it from a combined federal-state program into a block grant, giving states more responsibility.

Answer 160

Reduce welfare spending and allow states to experiment with different approaches.

Answer 161

An incentive-based approach offering extra assistance to families that take low-wage jobs.

Answer 162

Very strict time limits on receiving benefits, shorter than the federal five-year lifetime limit.

Answer 163

12 months in Arizona.

Answer 164

States can be sources of policy innovation, as seen with Massachusetts' health care reform inspiring "Obamacare." However, unfunded mandates, like requiring accessible transit without providing funding, pose challenges. Additionally, shifting responsibility to states, as with welfare reform, leads to variations in policy outcomes. While some see this as an opportunity for experimentation, others worry about disparities and the impact on vulnerable populations, highlighting the complexities and trade-offs inherent in federalism.

Answer 165

A requirement placed on states by the federal government without providing the necessary funds for implementation.

Answer 166

A federal law requiring accessible public transit without providing funding for the necessary modifications.

Answer 167

Variation in policy outcomes across different states.

Answer 168

Federal funding given to states with flexibility in how it is spent within a general area.

Answer 169

They were changed from a combined federal-state program to a block grant system, giving states more control.

Answer 170

Reduced welfare spending and increased state experimentation with different approaches.

Answer 171

It offers incentives, like extra assistance, to families taking low-wage jobs.

Answer 172

They imposed stricter time limits than the federal five-year guideline.

Answer 173

12 months (in Arizona).

Answer 174

Many had not committed a crime.

Answer 175

The Secure Communities program.

Answer 176

2015, with a program containing a more limited deportation policy.

Answer 177

Signed an executive order restarting Secure Communities and expanding the types of immigrants considered a priority for deportation.

Answer 178

They expanded from those convicted of felonies or multiple misdemeanors to also include those accused or convicted of minor crimes.

Answer 179

They declared themselves "sanctuaries" that limit their cooperation with federal enforcement of immigration law.

Answer 180

Withhold them.

Answer 181

A federal judge's ruling.

Answer 182

That the administration did have authority to withhold Community Oriented Policing Services (COPS) grants from sanctuary cities.

Answer 183

A thorough overhaul.

Answer 184

Ended several of them.

Answer 185

Health, Income Security, Transportation, Education, and Other.

Answer 186

$1.229 trillion.

Answer 187

They have grown significantly, from $68.2 billion in 1960 to $1.229 trillion in 2022.

Answer 188

That they pay a lot in federal taxes but don't receive much in return.

Answer 189

Federal money for state and local programs.

Answer 190

Grants to state and local governments, spending on military bases, and federal procurement.

Answer 191

No, the amount varies per state.

Answer 192

How much federal spending each state received for each dollar paid in federal taxes in 2019.

Answer 193

That it's not directly proportional; some states receive more in federal spending than they pay in federal taxes, while others receive less.

Answer 194

Federal grants to state and local governments have significantly increased over the past decades. These grants cover various categories like health, income security, transportation, and education. Despite common misconceptions, Americans benefit from these grants, which fund state and local programs. However, the amount of federal spending received by each state varies, with some receiving more than they contribute in federal taxes.

Answer 195

Federal authority has been upheld.

Answer 196

The Supreme Court upheld the right of Congress to ban medical marijuana, even though 11 states had legalized it.

Answer 197

The commerce clause.

Answer 198

37 states and the District of Columbia.

Answer 199

Recreational use of marijuana.

Answer 200

Federal raids on marijuana dispensaries and growers, even in states where it is legal.

Answer 201

Despite many states legalizing medical and/or recreational marijuana, federal law still prohibits it. The Supreme Court has upheld the federal government's authority to regulate marijuana use under the commerce clause. This conflict has led to federal actions against marijuana businesses operating legally under state laws.

Answer 202

It remains a federal crime.

Answer 203

States have adopted policies that conflict with federal laws.

Answer 204

Marijuana legalized for recreational and medical use. Marijuana legalized only for medical use. No broad laws legalizing marijuana.

Answer 205

"Should this be allowed?" (referring to the conflict between state and federal laws).

Answer 206

It highlights the tension between state and federal authority. While marijuana remains federally illegal, many states have chosen to legalize it in some form, creating a conflict that raises questions about states' rights, federal supremacy, and the role of public opinion in policy-making.

Answer 207

Dobbs v. Jackson (2022)

Answer 208

It did not outlaw abortion federally but left individual states free to restrict (or not restrict) abortion as they saw fit.

Answer 209

13 states enacted nearly total bans on abortion and 5 imposed significant restrictions.

Answer 210

12 states.

Answer 211

In several states, constitutional amendments were proposed either guaranteeing abortion rights or restricting abortions.

Answer 212

Conflicts between the federal government and the states, and conflicts between states that permit abortion and those that prohibit it.

Answer 213

Legislation that would establish a federal guarantee of abortion rights.

Answer 214

Federal legislation that would severely restrict abortion rights.

Answer 215

Legislation introduced in Missouri (a state that has outlawed abortion) that would penalize Missouri residents who obtain abortions in other states.

Answer 216

The Dobbs decision overturned Roe v. Wade, leaving abortion legality up to individual states. This resulted in a patchwork of state laws, with some states enacting near-total bans, others imposing significant restrictions, and others maintaining legal abortion. This has led to potential conflicts between states and the federal government, as well as between states themselves, particularly regarding cross-state access to abortion. Furthermore, efforts have been made to codify abortion rights or restrictions through federal legislation and state constitutional amendments.

Answer 217

States that permit abortion and those that prohibit it.

Answer 218

Legislation was introduced that would penalize state residents who traveled outside the state to obtain an abortion.

Answer 219

The Constitution's full faith and credit clause.

Answer 220

The long-established right of Americans to travel from state to state.

Answer 221

Yes, there are precedents (e.g., Skiriotes v. Florida).

Answer 222

The question of out-of-state abortions.

Answer 223

States that ban abortions may attempt to penalize residents who travel to other states for the procedure. This raises legal questions regarding the Constitution's full faith and credit clause and the right to interstate travel. While there's legal precedent for states enforcing laws beyond their borders, the issue of out-of-state abortions has the potential to become a significant point of contention within the federal system, testing the balance of power and individual rights.

Answer 224

Sex discrimination in public facilities

Answer 225

State preemption.

Answer 226

It undid the provisions originally set out by the Charlotte City Council's ordinance.

Answer 227

A doctrine that allows a higher level of government to limit or even eliminate the power of a lower level of government to regulate a specific issue. In this case, the state government overriding a local (city) ordinance.

Answer 228

: It demonstrates the power of state governments over local governments. Even if a city passes an ordinance, the state legislature can use its power of preemption to overturn that local law, highlighting the hierarchical nature of government power within a state.

Answer 229

State governments are increasingly willing to preempt local policy.

Answer 230

Cities setting higher minimum wages, requiring paid sick leave, regulating the "sharing economy," prohibiting gender-based discrimination in public facilities, and attempting to establish public broadband services.

Answer 231

Regulation of firearms.

Answer 232

Enacted laws preempting them.

Answer 233

Colorado, New York, Massachusetts, New Jersey, Connecticut, and Hawaii.

Answer 234

Stricter local gun control ordinances.

Answer 235

Just as states assert power over the federal government, they also assert power over local governments through preemption. This creates tension and highlights the ongoing negotiation of power in a federal system. The ability of some cities to push back and influence state-level decisions, as seen with the repeal of preemption laws in some states, shows that the balance of power is dynamic and responsive to local pressures.

Answer 236

Responded with laws preempting (limiting or prohibiting) them.

Answer 237

25 states.

Answer 238

Bans cities from banning plastic bags.

Answer 239

Bans them from banning fracking.

Answer 240

North Carolina

Answer 241

The trend is towards state legislatures increasingly using their power to preempt local control over a wide range of issues, from wages and leave policies to environmental regulations and social policies. This highlights the tension between state and local authority and the power of states to standardize or limit local policies.

Answer 242

Civil rights are obligations of the government to guarantee equal citizenship and protect individuals from discrimination by government officials or individuals.

Answer 243

Civil rights include the right to vote, attend desegregated schools, and for people with disabilities to be free from discrimination.

Answer 244

Civil liberties prevent government action, while civil rights require government action to ensure equal citizenship.

Answer 245

Granting equal rights of citizenship to members of groups who have historically faced discrimination.

Answer 246

Citizenship, race, gender, religion, ethnicity, disabilities, LGBTQ rights, voting, criminal justice, education, marriage, housing, healthcare, and employment.

Answer 247

13th Amendment: Abolished slavery. 14th Amendment: Guaranteed equal protection and due process. 15th Amendment: Granted voting rights to African American men.

Answer 248

Issued by President Lincoln in 1863, it declared the freedom of slaves in Confederate states, but compliance required the Confederate army's surrender.

Answer 249

It redefined citizenship, ending the 3/5 compromise, and established the Equal Protection Clause.

Answer 250

“No State shall make or enforce any law which shall … deny to any person within its jurisdiction the equal protection of the laws.”

Answer 251

Although not used immediately, nearly 100 years later it was interpreted to create societal equality and protect disadvantaged groups.

Answer 252

Smith v. Allwright (1944): Ended white primaries. 24th Amendment: Eliminated poll taxes in federal elections. Harper v. Virginia Board of Elections (1966): Banned all poll taxes. Voting Rights Act of 1965: Removed barriers to voting for minorities.

Answer 253

It substantially weakened the Voting Rights Act of 1965, leading to a decline in minority voting participation.

Answer 254

The struggle for equal rights has often been met with resistance from privileged groups reluctant to give up their advantages.

Answer 255

13th, 14th, 15th, 19th, 24th, and 26th Amendments.

Answer 256

Civil rights often require an expansion of government power to take positive action, such as desegregating public schools and enforcing anti-discrimination laws.

Answer 257

Federalists initially argued it was unnecessary, but Antifederalists demanded it to protect individual rights.

Answer 258

December 15, 1791.

Answer 259

Personal rights and freedoms the government cannot abridge.

Answer 260

Freedom of speech, freedom of the press, and freedom of religion.

Answer 261

It applied only to the national government.

Answer 262

The process of applying the Bill of Rights to states through the Fourteenth Amendment.

Answer 263

The Third and Seventh Amendments.

Answer 264

Speech, religion, press, assembly, and petition.

Answer 265

Yes, it only restricts government action.

Answer 266

The government cannot establish an official religion.

Answer 267

The right to practice any religion, with some legal limitations.

Answer 268

Political speech.

Answer 269

Speech can be restricted if it incites immediate illegal action.

Answer 270

Yes, especially if it disrupts education or is inappropriate.

Answer 271

Schools can discipline students for speech promoting illegal drug use.

Answer 272

Government action preventing material from being published.

Answer 273

Yes, including flag burning and wearing armbands.

Answer 274

The right to keep and bear arms.

Answer 275

Yes, through waiting periods, registration, and firearm restrictions.

Answer 276

Individuals have the right to own firearms for self-defense at home.

Answer 277

Illegally obtained evidence cannot be used in court (Mapp v. Ohio).

Answer 278

The Fourth, Fifth, Sixth, and Eighth Amendments.

Answer 279

Being tried twice for the same crime.

Answer 280

The right to remain silent and have legal counsel (Miranda v. Arizona).

Answer 281

The government's right to take private property for public use with compensation.

Answer 282

The right to a speedy trial, an impartial jury, and legal counsel.

Answer 283

Defendants have a right to an attorney, even if they can't afford one.

Answer 284

Excessive bail, excessive fines, and cruel and unusual punishment.

Answer 285

Yes, but due process must be followed.

Answer 286

No, but it is inferred from the Fourth and Ninth Amendments.

Answer 287

Roe v. Wade (abortion rights, overturned in Dobbs v. Jackson), Lawrence v. Texas (sexual orientation rights).

Answer 288

A system of government where power is divided between a central government and regional governments.

Answer 289

In a unitary system, lower levels of government have little independent power, while in federalism, power is shared between national and regional governments.

Answer 290

Powers specifically granted to the national government by the Constitution.

Answer 291

Powers derived from the necessary and proper clause, allowing the federal government to assume more authority over time.

Answer 292

Powers given to the states through the Tenth Amendment, including regulating health, safety, welfare, and morals.

Answer 293

Powers shared by both the national and state governments, such as levying taxes.

Answer 294

A state's authority to regulate health, safety, welfare, and morals.

Answer 295

A constitutional requirement that states must honor the public acts, records, and judicial decisions of other states.

Answer 296

A constitutional provision preventing states from discriminating against citizens of other states.

Answer 297

Local governments have no status in the U.S. Constitution; they are created by state legislatures.

Answer 298

A provision in state constitutions granting cities a degree of self-governance.

Answer 299

Dual federalism, where states performed most governing responsibilities.

Answer 300

Initially limited federal power, but later Supreme Court decisions expanded federal authority.

Answer 301

These cases expanded the power of the federal government through interpretations of the Constitution.

Answer 302

Expanded federal government power through programs and grants-in-aid.

Answer 303

Federal funds provided to state and local governments for specific purposes.

Answer 304

Federal funds given to states with strict limitations on how they can be used.

Answer 305

A system where the national and state governments work together to achieve policy goals.

Answer 306

A system where the federal government imposes regulations on states, sometimes without funding.

Answer 307

The national government’s ability to override state and local policies.

Answer 308

Transferring responsibility for programs from the federal government to the states.

Answer 309

Federal funds given to states with fewer restrictions on their use.

Answer 310

Federal requirements imposed on states without accompanying funding.

Answer 311

Differences in state policies on issues like immigration and marijuana legalization.

Answer 312

By issuing decisions that limit federal power and return authority to the states.

Answer 313

Civil rights are guarantees of equal opportunity and protection for all citizens through obligations imposed on government power.

Answer 314

Primarily through social movements that enable individuals to engage in collective action.

Answer 315

The Fourteenth Amendment (1868) through the "equal protection of the laws" clause.

Answer 316

It provides a legal foundation for challenging discriminatory practices and laws.

Answer 317

Rational Basis (Lowest) – Government must show a rational reason for discrimination. Intermediate Scrutiny – Applied mainly in gender discrimination cases. Strict Scrutiny (Highest) – Applied in cases involving race and fundamental rights, requiring a compelling government interest.

Answer 318

Through methods such as: Destroying tools Slowing down work Organizing open revolts

Answer 319

In the 1830s, with White Northerners using speeches and antislavery literature to sway public opinion.

Answer 320

The “separate but equal” doctrine, allowing racial segregation as long as facilities were deemed equal.

Answer 321

It ruled that: Enslaved people and all Black individuals were not U.S. citizens. The federal government could not regulate slavery in territories.

Answer 322

Laws enacted by Southern states after Reconstruction that enforced racial segregation, such as: Banning interracial marriage Segregating public facilities and schools

Answer 323

Political pressure and litigation to challenge discriminatory laws in court.

Answer 324

Thirteenth Amendment (1865): Abolished slavery. Fourteenth Amendment (1868): Guaranteed equal protection under the law. Fifteenth Amendment (1870): Guaranteed voting rights for African Americans.

Answer 325

It ruled that racial segregation in public schools was unconstitutional, overturning Plessy v. Ferguson.

Answer 326

Massive resistance in the South, where even 10 years later, less than 1% of Black children attended integrated schools.

Answer 327

It established that racial discrimination violates the Constitution and strengthened strict scrutiny in discrimination cases.

Answer 328

It outlawed job discrimination for employers with more than 15 workers, including private businesses and government agencies.

Answer 329

Banned literacy tests and discriminatory voting barriers. Increased minority political participation, reshaping American politics.

Answer 330

De jure segregation – Legally enforced (e.g., Jim Crow laws). De facto segregation – Occurs through social or economic factors (e.g., modern school segregation).

Answer 331

Women, Latinos, Asian Americans, Native Americans, disabled individuals, and LGBTQ+ people.

Answer 332

1878, with the introduction of a constitutional amendment for women's voting rights.

Answer 333

It granted women the right to vote in 1920.

Answer 334

In the 1970s, the Supreme Court: Refused to equate gender discrimination with racial discrimination. Applied intermediate scrutiny to gender discrimination cases.

Answer 335

Ethnic-group political mobilization (voter registration, ethnic voting). Legal action (civil rights laws for fair access).

Answer 336

Citizenship and immigration restrictions. Japanese American internment during World War II.

Answer 337

Provided a formal apology and monetary reparations to Japanese Americans interned during World War II.

Answer 338

1924: Congress granted U.S. citizenship to Native Americans. Reservation sovereignty became a foundation for further rights expansion.

Answer 339

It guaranteed: Equal employment rights. Access to public businesses for disabled individuals.

Answer 340

It extended fundamental civil rights protections to gays and lesbians.

Answer 341

It struck down a Texas law criminalizing same-sex intimate conduct.

Answer 342

It ruled that same-sex couples have a constitutional right to marry in all states.

Answer 343

A policy designed to address past discrimination by providing opportunities to historically marginalized groups.

Answer 344

Opponents argue it creates group-based quotas. Proponents argue it compensates for systemic discrimination.

Answer 345

Discrimination against legal immigrants continues. Deferred Action for Childhood Arrivals (DACA): Protects undocumented immigrants brought as children.

Answer 346

Increased Islamophobia and profiling of Arab, Middle Eastern, and Muslim Americans.

Answer 347

Claims of systemic racism in the criminal justice system. 2020 protests after George Floyd's death highlighted ongoing racial inequality.

Answer 348

Activists will use past and new strategies to address modern racial and social justice issues.