Federalism Exam Review Flashcards

q1-110 ig feining

1
Q

Which of the following is true of federalism?

A. The Founding Fathers interpreted federalism as a process of devolution and new federalism.

B. Interstate highway projects are an example of dual federalism.

C. Dual federalism involves categorical and block grants.

D. Both LBJ and Nixon’s revenue sharing plan is an example of fiscal federalism.

E. Cooperative federalism implies that each level of gov is supreme in its own sphere of influence.

A

D. Both LBJ and Nixon’s revenue sharing plan is an example of fiscal federalism.

LBJ - Great Society plan aimed to end poverty and racial injustice. Federal gov funded education as an example of fiscal federation.

Nixon - New Federalism involved federal gov giving more block grants to states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In the US, powers of gov are divided between national and state govs, and several regional and local govs. This system is called _____.

A. delegated gov

B. federalism

C. democracy

D. republican gov

E. checks and balances

A

B. federalism

Separation of levels of government and or powers = federalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The US is characterized by cooperative federalism, where the national gov shares money with the states through grants. Which of the following is most favored by the states?

A. Categorical grants because the states can spend the money on broad categories of projects.

B. Unfunded mandates because the states can use a precise equation to determine how to spend the money.

C. Categorical grants because they rarely have any strings attached.

D. Block grants because they give the states considerable freedom in deciding how to spend the money.

E. Project grants because the states can compete to build specific projects such as libraries and airports.

A

D. Block grants because they give the states considerable freedom in deciding how to spend the money.

Categorical grants control states, block grants fund them without strings attached.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the main reason for the shift from dual to cooperative federalism?

A. Court decisions that required the states and federal gov to coordinate policies.

B. Inconsistent welfare policies at the state level, which required national coordination.

C. The increase in federal grants-in-aid to the states.

D. The global economy and the importance of improving the trained workforce.

E. Revenue sharing which occured during budgetary surpluses.

A

C. The increase in federal grants-in-aid to the states.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Which of the following is the best example of the shift in power towards states’ rights?

A. The use of the commerce clause to regulate public places and accommodations.

B. The Court’s decision in the US v. Lopez.

C. Grants-in-aid, especially categorical grants, provided by the national gov to the states.

D. The Court’s decision in McCulloch v. Maryland.

A

B. The Court’s decision in the US v. Lopez.

McCulloch v. Maryland favored the federal gov by expanding their implied powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

In case of a tie vote in the electoral college during the selection of the president, who is charged with electing the president?

A. Senate

B. House of Representatives

C. Supreme Court

D. Senate and Supreme Court

A

B. House of Representatives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Which constitutional provision has expanded the power of the federal gov in regulating privately owned businesses?

A. Commerce clause

B. Tenth amendment

C. Full faith and credit clause

D. Power to lay and collect taxes

A

A. Commerce clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The Congress shall have power… to make all laws which shall be necessary and proper for carrying into execution the foregoing of powers, and all other powers vested by this Constitution in the gov of the US, or in any department or officer thereof.
Interpretations of this clause have been central to attempts to define the nature of which f the following aspects of the US political system?

A. Republicanism

B. Pluralism

C. Due process of law

D. Federalism

E. Judicial review

A

D. Federalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which of the following options represents the majority opinion in United States v. Lopez?

A. Individuals have the right to own and carry guns.

B. The power of the federal gov in relation to state govs is limited in this case.

C. The commerce clause gives Congress broad powers to determine the constitutionality of laws.

D. Even small, local events ultimately have an effect on interstate commerce.

A

B. The power of the federal gov in relation to state govs is limited in this case.

Federal gov claimed increase gun violence impacts commerce however the Court claimed it was too far of a stretch. Firearms only minutely affected commerce.
Seen as a “tyrannical” stretch of power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which of the following statements accurately describes federalism?

A. Federalism is a governing system that places a national authority above regional authority

B. Federalism ranks the sovereignty of the states over the power of the national gov.

C. Federalism is a balance of powers between state and local govs.

D. Federalism is a sharing of powers between national and regional govs.

A

D. Federalism is a sharing of powers between national and regional govs.

Federalism might be a balance of power between state and FEDERAL govs but not state and local govs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

On which of the following issues did Federalist and Jeffersonians have most widely differing views?

A. Declaring independence

B. Writing the Constitution

C. Ratifying the Constitution

D. Creating a national bank

A

D. Creating a national bank

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Most members of Congress believe the legal driving age should be 18, because statistics show that drivers under 18 have many more accidents than those 18 and older.
Which of the following is the most practical and lasting action Congress can take to address this issue?

A. Urge the president to issue an executive order requiring drivers to be at least 18 years old

B. Mandate states to set the driving age at 18 and withhold high funds from any state that does not comply

C. Convince the Supreme Court that Congress, not the states, should regulate driving laws

D. Distribute educational materials on the issue on state legislatures

A

B. Mandate states to set the driving age at 18 and withhold high funds from any state that does not comply

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

In the McCulloch v. Maryland decision, which two provisions in the Constitution were upheld and strengthened the strength of the federal gov?

A. Congress’s power to regulate commerce and to levy taxes.

B. The necessary and proper clause and the supremacy clause

C. The First and Tenth amendment

D. The full faith and credit clause and the supremacy clause

A

B. The necessary and proper clause and the supremacy clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The fiscal relationship between the national and state govs involves complex relationships. Which would least likely be favored by state govs?

A. unfunded mandates

B. categorical grants

C. block grants

D. revenue sharing

E. formula grants

A

A. unfunded mandates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which of the following is an accurate statement about the necessary and proper clause?

A. After United States v. Lopez, the clause allowed Congress to bar guns near schools

B. The clause empowers Congress to overrule Court decisions

C. The clause empowers Congress to act as required to carry out its expressed powers.

D. The clause has mainly been used to return authority to the states in contested laws.

A

C. The clause empowers Congress to act as required to carry out its expressed powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which of the following is an accurate comparison of federal block grants and categorical grants?

A. Block grants let members of Congress control how to spend money in their districts.
Categorical grants gives states control over how to spend federal money locally.

B. Block grants lead to loss of congressional oversight on spending.
Categorical grants require states or localities to meet certain criteria.

C. Block grants are used primarily to combat terrorism at the local level.
Categorical grants are available to state govs but not city govs.

D. Block grants specify how the grant money is to be spent.
Categorical grants have declined in favor of block grants.

A

B. Block grants lead to loss of congressional oversight on spending.
Categorical grants require states or localities to meet certain criteria.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Which of the following best describes Congress’s use of the commerce clause over time?

A. Congress has used it to protect workers and the environment.

B. The Supreme Court has denied Congress much of its commercial regulation authority.

C. Congress can legislate only on products that involve intrastate commerce.

D. Congress has used its commerce power sparingly, and there are few federal commercial laws.

A

A. Congress has used it to protect workers and the environment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The levels of gov recognized and specifically in the Constitution are ________.

A. counties and regional governments

B. states and the people

C. states and cities

D. national and state

E. states, local, and parishes

A

D. national and state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Federalism as a form of government helps accommodate

A. differences across states

B. govs in small geographical areas

C. citizens who want a strong government

D. citizens who want uniform policies across their political system

E. citizens who do not want policies to change over time

A

A. differences across states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

“Enumerated” powers are those given to the

A. Supreme Court

B. federal bureaucracy

C. state governments

D. military

E. national government

A

E. national government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

The power of the national gov to regular interstate commerce was expanded in the landmark case of _______.

A. Marbury v. Madison

B.McCulloch v. Maryland

C. Miranda v. Arizona

D. Gibbons v. Ogden

A

D. Gibbons v. Ogden

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

The notion that when states and federal law conflict, the national laws will prevail, is the ______.

A. necessary and proper clause

B. supremacy clause

C. extradition clause

D. full faith and credit clause

A

B. supremacy clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

The Founding Fathers had successfully rebelled against a unitary form of government. They had tried a confederation which was not working. Thus, they developed a ___ form of government.

A. constitutional monarchy

B. federal

C. socialist

D. fascist

E. popular democratic

A

B. federal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Both the national and states’ governments can establish court systems. This is an example of ___.

a. reservations

b. a mandate

c. concurrent powers

d. full faith and credit clause

e. fiscal federalism

A

c. concurrent powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

The Constitution provides for the power of extradition. Extradition is an example of ___

A. states’ taxing powers

B. grants-in-aid

C. formula grants

D. interstate relations

E. categorical grants

A

D. interstate relations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

The Constitution grants Congress the power to establish post offices. This is an example of ___ powers.

A. enumerated

B. implied

C. reserved

D. concurrent

E. executive

A

A. enumerated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

The system of federalism that allowed states to do most of the fundamental governing from 1789 to 1937 was ___.

A. home rule

B. “marble cake” federalism

C. dual federalism

D. new federalism

E. cooperative federalism

A

C. dual federalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

A power delegated to the national government is the power to ___.

A. regulate foreign and interstate commerce

B. police citizens

C. establish educational systems

D. establish the drinking age

E. regulate marriage and divorce

A

A. regulate foreign and interstate commerce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

A major basis for Congressional power is the implied power it holds. The basis for these implied powers is ___.

A. the privileges and immunities clause

B. the Supreme court’ decision in Marbury v. Madison

C. the Equal Protection Clause

D. the fact that congress was the first branch of government created

E. the “Necessary and Proper” Clause

A

E. the “Necessary and Proper” Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

The constitutional provision that makes same-sex marriage controversial is ___.

A. judicial review

B. full faith and credit clause

C. privileges and immunities clause

D. supremacy clause

E. unfunded mandates

A

B. full faith and credit clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

An example of a concurrent power is the power to ____.

A. declare war

B. establish educational systems

C. establish the drinking age

D. tax

E. regulate marriage and divorce

A

D. tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

“Dual federalism” refers to the fact that ___.

A. the Constitution provides two layers of government in the nation—the national and the state

B. there are two major forms of aid from the national government to the states—categorical and block grants

C. both the national and state governments can levy taxes on citizens

D. there are two distinct eras in American history—the era before cooperative federalism and the era since the development of cooperative federalism

E. there is a distinct line between policies surrounding public education and private education in the states

A

A. the Constitution provides two layers of government in the nation—the national and the state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

National policies override state policies when there is a conflict, and the Constitution gives the national government power in that policy area. This is a statement of ___.

A. the due process clause

B. the equal protection clause

C. the privileges and immunities clause

D. the supremacy clause

E. the full faith and credit clause

A

D. the supremacy clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Which of the following forms of fiscal federalism allow the states the broadest financial discretion?

A. categorical grants

B. block grants

C. mandates

D. foreign assistance

E. U.S. military funding

A

B. block grants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

While both the state and federal governments share some powers, only the federal government can declare ___, regulate ______ ___________ and define _________ and ___________.

A

war, interstate commerce, immigration, and naturalization

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Which 1996 law defined marriage as between one man and one woman?

A. Defense of Marriage Act

B. One man/One Woman Act

C. Bible Act

D. Religious Marriage Act

A

A. Defense of Marriage Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

If the federal government dangles federal funds in front of states to pay for state concerns and those financial incentives have particular congressional guidelines or requirements attached, the grant is known as a _____.

A. state grant

B. categorical grant

C. federal loan

D. revenue sharing

E. national grant

A

B. categorical grant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

______, also called fiscal or cooperative federalism, is the process in which Congress collects federal taxes and distributes these funds to the states for a specific national concern.

A. Mandates

B. Unfunded mandates

C. Refunded mandates

D. Revenue sharing

E. Dual Federalism

A

D. Revenue sharing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

National law, treaties, and presidential action are placed above state authority with Article VI’s ____.

A. executive power

B. state sovereignty

C. commerce clause

D. supremacy clause

E. cofederalism

A

D. supremacy clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

According to the Ninth Amendment, rights not listed are _____.

A. protected and awarded to the national government

B. reserved to the states

C. reserved by the federal government

D. reserved by the people

A

D. reserved by the people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

If powers are held by both the state and the federal government, they are called _____ powers.

A. dual

B. concurrent

C. bi

D. dual

E. twin

A

B. concurrent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

States must regard and honor the laws in other states due to the _____________________ of Article IV.

A

full faith and credit clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Exclusive powers are those that are delegated only to the ____.

A. Executive

B. federal government

C. state governments

D. people

E. judiciary

A

B. federal government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

In 2015, Obergefell v. Hodges guaranteed the right to ___________________.

A

same-sex marriages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Grants-in-aid programs have evolved over our history and have gradually increased to meet societal needs. Identify three points in our history in which these programs have been used extensively? (written)

A

During the Progressive Era, with FDR’s New Deal and then under Lyndon B. Johnson’s Great Society program of the 1960s

42
Q

The 40th president, the Republican Ronald Reagan’s philosophy of New Federalism is a political philosophy of ____, or the transfer of certain powers from the United States federal government back to the states.

A. sovereignty

B. popular sovereignty

C. social contract

D. devolution

E. confederalism

A

D. devolution

43
Q

The ___ caused the national treasury to grow exponentially during the Progressive Era (1890-1920).

A. War of 1812

B. 17th Amendment

C. 16th Amendment

D. First U.S. Bank

E. Marbury v. Madison case

A

C. 16th Amendment

  • allows Congress to levy taxes and collect money
44
Q

President Lyndon B. Johnson—along with Congress—increased the number of grants to address what two issues?

A

Poverty and health care

45
Q

Traditionally, state, localities, and private charitable organizations provided relief to the poor. WHAT economic crisis caused the federal government to grow more, largely by implementing more grants when state funds did not cover the aid to impoverished mothers and the aged?

A

The Great Depression

46
Q

The changes of devolution and the power going back to the states in the name of “new federalism” were part of this president’s announced effort to cut taxes, trim spending and significantly reduce “Washington’s influence” over the states:

A. FDR

B. Theodore Roosevelt

C. Ronald Reagan

D. Barack Obama

E. Lyndon B. Johnson

A

C. Ronald Reagan

46
Q

The Alcohol, Drug Abuse and Mental Health Administration Act of 1992 has a provision that requires states to prohibit the sale of what to minors under the age of 18 by fiscal year 1994?

A. Liquor

B. Beer w/ 1% alcohol content

C. Tobacco products

D. Guns E. Marijuana

A

C. Tobacco products

47
Q

Which Supreme Court case upheld the constitutionality of a federal law that withheld federal funds from states whose legal drinking age was not raised to 21?

A. South Dakota v. Dole

B. Marbury v. Madison

C. U.S. v. Lopez

D. Gideon v. Wainwright

A

A. South Dakota v. Dole

47
Q

What was the objection in the above case? (South Dakota v. Dole)

A. Congress over-reached its authority since Congress can regulate interstate commerce but not intrastate commerce.

B. Congress violated the 16th Amendment by limiting a person’s ability to take part in commercial activity.

C. The National Minimum Drinking Age Act violated the 10th Amendment and a person’s 14th Amendment.

D. Congress overstepped its power as well as a violation of the Twenty-First Amendment, which gave states the exclusive power to regulate alcohol.

A

D. Congress overstepped its power as well as a violation of the Twenty-First Amendment, which gave states the exclusive power to regulate alcohol.

48
Q

When a good—a commodity—requires a national uniform rule, Congress has the authority to regulate the commercial activity. This is known as ____.

A. selective incorporation

B. total incorporation

C. enumerated power

D. selective exclusiveness

A

D. selective exclusiveness

49
Q

The elastic clause is said to grant Congress ___ powers Since the necessary and proper clause gives Congress powers beyond those straightforward enumerated powers.

A. explicit

B. categorical

C. unanimous

D. implicit

E. sovereign

A

D. implicit

50
Q

The equal protection clause prohibits state governments from denying persons within their jurisdiction equal protection of the laws. This is found in where?

A. Article V

B. 1st Amendment

C. Article III

D. 13th Amendment

E. 14th Amendment

A

E. 14th Amendment

51
Q

Reformers during the Progressive movement wanted Congress to continue to stretch the commerce clause to act on issues when states refused to or could not. The ruling in Hammer v. Dagenhart (1918), however, established a clear line between manufacturing as the _________________ and commerce as the _________________.

A

creation of goods, exchange of goods

52
Q

The ____ was a 1997 multi-country agreement that committed the signing nations to reduce greenhouse gas emissions.

A. Clean Air Act

B. Clean Water Act

C. Kyoto Protocol

D. Endangered Species Act

E. Paris Agreement

A

C. Kyoto Protocol

53
Q

Because of his appreciation of and devotion to the natural beauty and resources of the United States, who is known as the “conservationist president”?

A. Franklin Delano Roosevelt

B. Woodrow Wilson

C. Ulysses Grant

D. Teddy Roosevelt

A

D. Teddy Roosevelt

54
Q

What is the most frequently contested Congressional power?

A. commerce clause

B. Declare war

C. Supremacy clause

D. Coin money

A

A. commerce clause

55
Q

What two questions did the Court answer in McCulloch?

A
  1. Did Congress have the implied power to create a bank?
  2. And secondly, could states tax a federal entity/bank?
56
Q

Section 9 lists what Congress cannot do. For example, Congress cannot take away the right of ___, the right to be formally charged after an arrest.

A. trial by jury

B. ex post facto laws

C. habeas corpus

D. defense counsel

E. semper fidelis

A

C. habeas corpus

57
Q

When a central government and equally sovereign regional governments share power and each is supreme in its own sphere it is called ____—and countries such as Canada, Australia, and Germany implement this style of governing.

A. confederacy

B. Unitarianism

C. democracy

D. socialism

E. communism

F. federalism

A

F. federalism

57
Q

Identify and describe which two amendments were ratified during the Progressive era?

· The 16th Amendment allowed Congress to ___ ________ _________, expanding Congress’s reach of regulation and revenue.

· The 17th Amendment makes _________ ________________ _________ instead of state governments.

A

tax individual income, senators accountable to the people

58
Q

The state of Maryland questioned the constitutionality of what in McCulloch v. Maryland?

A

The legality of a congressionally created bank.

59
Q

Nowhere in the Constitution gives Congress the direct power to legislate to improve safety, health and morals, so the federal government begins to rely on its regulatory power under the _____ clause which serves as the primary vehicle for such legislation as the Mann Act and Automobile Theft Act.

A. necessary and proper

B. supremacy

C. commerce

D. extradition

E. due process

A

C. commerce

60
Q

Which two clauses of the Constitution were invoked in McCulloch doubling the strength of the federal government?

A

Necessary and proper clause and the supremacy clause.

61
Q

Before United States v. Lopez, the Court had broadened the authority of Congress to control commerce in Gibbons v. Ogden (1824). The Gibbons case… (select all 4 answers that apply)

A. Ogden believed he had been given rights to navigate the Mississippi River without a state license

B. declared minimum wage for crews of steamships—those offshore—unconstitutional

C. declared the power to regulate interstate commerce encompassed the power to regulate waterways as well

D. ruled “interstate” as the infrastructure of road and bridges only and navigable waterways as dealing with international maritime laws

E. questioned a New York steamship monopoly which Gibbons said conflicted with federal law

F. with respect to “commerce,” the Court held that commerce is more than mere traffic—that it is the trade of commodities.

G. ruled state issued license had equal supremacy to licenses granted under the Federal Coasting Act of 1793

H. ruled that any license granted under the Federal Coasting Act of 1793 takes precedence over any similar license granted by a state is also in the spirit of the Supremacy Clause

A

C. declared the power to regulate interstate commerce encompassed the power to regulate waterways as well

E. questioned a New York steamship monopoly which Gibbons said conflicted with federal law

F. with respect to “commerce,” the Court held that commerce is more than mere traffic—that it is the trade of commodities.

H. ruled that any license granted under the Federal Coasting Act of 1793 takes precedence over any similar license granted by a state is also in the spirit of the Supremacy Clause

62
Q

The Elementary and Secondary Education Act was originally passed as part of administration which president’s War on Poverty campaign?

A. FDR

B. Barack Obama

C. Richard Nixon

D. LBJ

E. George W. Bush

63
Q

Under ____ states can pick their own goals, both a big long-term goal, and smaller, interim goals. These goals must address: proficiency on tests, English-language proficiency, and graduation rates.

A. NCLB

B. ESSA

C. Race to the Top Initiative

D. ESEA

A

B. ESSA (every student succeeds act)

64
Q

Which act, signed by President Obama, kept student achievement standards but returned accountability largely back to the states?

A

Every Student Succeeds Act

65
Q

During Theodore Roosevelt’s presidency, 230 million acres of land were set aside as public lands. While Congress was needed to establish ______ _____, under the Antiquities Act of 1906 the 26th president was able to hasten the protection of public lands by exercising his executive authority to establish ________ _________.

A

National parks, national monuments

66
Q

In which case ruling did the majority opinion state the “fundamental rights may not be submitted to a vote”?

A. U.S. v. Lopez

B. McCulloch v. Maryland

C. Gibbons v. Ogden

D. Obergefell v. Hodges

A

D. Obergefell v. Hodges

67
Q

Grants with particular congressional guidelines or requirements—or strings—attached are ____.

A. strings

B. bank loans

C. categorical grants

D. block grants

E. unfunded mandates

A

C. categorical grants

68
Q

Section 9 lists what Congress cannot do. Congress cannot pass ____, legislative acts declaring one—or a group—guilty of a crime without a trial.

A. bills of attainder

B. ex post facto laws

C. habeas corpus

D. writs of certiorari

A

A. bills of attainder

69
Q

The ___________________ were a series of four laws passed by the U.S. Congress in 1798 which empowered the federal government to jail any dissenters against the government’s cause or deport foreigners who pose any threat to the United States.

A

Alien and Sedition Acts

70
Q

The ____ Amendment—which states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”—is the last in the group of Constitutional Amendments known as the Bill of Rights passed by Congress in 1789 and ratified in 1791.

A

10th Amendment

70
Q

In Lopez, the government arguing for the _________ clause claim in one of their arguments that the possession of a ________in an educational environment heightens the likelihood of _____ ________, which in turn, would increase insurance costs and create expenses harmful to the economy.

A

commerce, firearm, violent crimes

71
Q

Alfonso Lopez appealed to the Fifth Circuit Court of Appeals, claiming that the Gun-Free School Zones Act exceeded the power granted to the Congress by the Commerce Clause. How did the Fifth Circuit Court rule in Lopez?

· Possession of a firearm had only a ______ ______ on commerce

· They ruled the legislative history of the Gun-Free School Zones Act _______ __ _______ it as a constitutional exercise of the Commerce Clause

· The Fifth Circuit _________ Lopez’s conviction.

A

“trivial impact”, failed to justify, overturned

72
Q

The ___ are not specifically listed in the Constitution, and thus remain with the states.

A. implicit powers

B. reserved powers

C. enumerated powers

D. concurrent powers

E. Bill of Rights

A

B. reserved powers

72
Q

Before Obergefell, state bans on gay marriage or refusals to honor marriage licenses from other states put which two parts of the Constitution at odds?

A. Article IV/10th Amendment

B. Article 1/5th Amendment

C. Article V/10th Amendment

A

A. Article IV/10th Amendment

73
Q

Article I, Section 8: (select both that apply)

A. commonly called the supremacy clause, it places national law above state authority

B. are powers denied to Congress

C. are powers given to Congress

D. includes the full faith and credit; privileges and immunities; extradition

E. are the enumerated powers

A

C. are powers given to Congress

E. are the enumerated powers

74
Q

The Whiskey Rebellion: (select all four that apply)

A. Farmers refused to pay taxes and blocked debt courthouses as a result of foreclosures of farms.

B. Jefferson responded by developing a larger philosophy of the compact theory.

C. Took place after a federal tax burdened whiskey distillers of the backcountry

D. Took part mostly in Georgia

E. Occurred in Pennsylvania

F. John Adams was president.

G. George Washington was president.

H. Thomas Jefferson was president.

I. Justice Wilson ruled a military response was justified under the auspices of the Militia Acts of 1792.

J. Chief Justice John Marshall remarked of the event, “The power to tax is the power to destroy.”

K. The federal government jailed many dissenters and punished people for making false statements.

A

C. Took place after a federal tax burdened whiskey distillers of the backcountry

E. Occurred in Pennsylvania

G. George Washington was president.

I. Justice Wilson ruled a military response was justified under the auspices of the Militia Acts of 1792.

74
Q

Thomas Jefferson expressed that the Bank of the United States would be improper since the power to create it was not enumerated in the Constitution, and as a result, Congress had no power to create such an institution. Therefore, Jefferson was a _______, one who believes the Constitution should be interpreted literally.

A. social constitutionalist

B. liberal

C. loose conservative

D. strict constructionist

E. strict liberalism

A

D. strict constructionist

75
Q

Banking is very much the federal government’s business, according to McCulloch, in opposition to the strict constructionists’ argument. The reason is the Constitution contains certain phrases that implies banking. Identify three of those phrases. The Constitution uses the phrases…

A

“coin money,” “borrow money,” “collect taxes,” determine “laws on bankruptcies,” and “punish counterfeiting.”

75
Q

Collecting federal tax revenues and distributing those funds to the states to take care of particular national concerns is process is known as _____.

A. tax splitting

B. revenue sharing

C. revenue splitting

D. dual federalism

E. fiscal sharing

A

B. revenue sharing

76
Q

The 1800 election leads to a tie between Jefferson and Aaron Burr. How was the winner decided?

A. The House chose the vice president and Senate chose the president

B. The outgoing president, John Adams, decided

C. The U.S. Senate chose the president after no clear Electoral College winner.

D. The Supreme Court ruled the victor in Marbury v. Madison.

E. The House of Representatives determined the president after 36 ballots.

A

E. The House of Representatives determined the president after 36 ballots.

77
Q

The results of grants contributed to the phenomenon of mixing federal, state and local governments as the flow of federal money to the various state and local governments and even private charitable groups becomes less straight leading to a mixing of layers. This comes to be called the __________________ also known as cooperative federalism.

A

marble cake federalism

78
Q

Why does Congress prefer categorical grants while states prefer block grants? Select ALL three correct answers

A. Block grants take away Congress’s role of oversight.

B. Block grants require the corporate tax rate to increase to pay for them.

C. Individual Congressional members feel some responsibility to provide federal dollars to their districts.

D. Categorical grants take away Congress’s power of regulation

E. Block grants also deny individual representatives and senators the ability to claim credit.

A

A. Block grants take away Congress’s role of oversight.

C. Individual Congressional members feel some responsibility to provide federal dollars to their districts.

E. Block grants also deny individual representatives and senators the ability to claim credit.

79
Q

What was the constitutional question before the Court in United States v. Lopez (1995)?

A

Does Congress have the authority under the commerce clause to outlaw guns near schools?

80
Q

Devolution, or the transfer of certain powers from the United States federal government back to the states, is the primary objective of _____.

A. dual federalism

B. cooperative federalism

C. funded mandates

D. fiscal federalism

E. new federalism

A

E. new federalism

81
Q

The Court considered what two questions in Obergefell v. Hodges?

1) Whether the Fourteenth Amendment requires states to ________________________________________

2) Whether the Fourteenth Amendment requires states to _______________________________________

A

license marriages between two people of the same sex, and
recognize same-sex marriages legally entered into in other states.

82
Q

President Lyndon B. Johnson’s administration increased the number of grants to address poverty and health care. What was the new of LBJ’s domestic program called?

A. Square Deal

B. New Deal

C. Dollar Diplomacy

D. New Freedom

E. Great Society

A

E. Great Society

83
Q

Many times people want to see quick societal change but are often disappointed in how slow the federal government is to get bills constructed, debates and votes to take place, and laws to be signed. The sharing of powers between and among the three branches and the state governments does constrain policymaking. However, this is the outcome the framers of the Constitution wanted to protect the nation from what? Many framers sought a slow process to protect the nation from _____.

A. high taxes and less regulations

B. rebellious farmers and debtors court

C. popular but possibly rash policies

D. unnecessary regulations and delayed voting

E. uneducated and politically popular representatives

A

E. uneducated and politically popular representatives

84
Q

The Fourteenth Amendment promises U.S. citizenship to anyone ____ or _________in the United States and requires states to guarantee ___________ and ___________to its own citizens as well as those from other states.

A

born or naturalized
privileges and immunities

85
Q

Identify who James McCulloch was and explain how he figures into the 1819 U.S. Supreme Court case?

A

McCulloch was the chief cashier at the U.S. bank in Baltimore who refused to pay the $15,000 tax imposed by a Maryland law for any unincorporated bank.

86
Q

____ ____________ is the idea that the federal government and the state governments are co-equals with the national government is supreme in its sphere, and the states are equally supreme in their own sphere.

A

Dual federalism

87
Q

The framers articulated a limited list of enumerated powers—Section 8—which includes the powers to ___, borrow money, raise an army, create a ______ system, address _______ on the seas, define the _______ and _________ process, and a few others.

A

tax, postal, piracy, immigration, naturalization

88
Q

Explain how do block grants differ from categorical grants?

A

Block grants refer to federal money given to states for broadly defined reasons and differ from categorical grants in that they offer larger sums of money to the states without the strings attached of the categorical grants.

89
Q

Republican President Richard Nixon tried to steer federal revenue back to states in larger, less restrictive ways, but members of Congress realized that block grants would take away what authority and benefits from them?

A

Block grants took away Congress’s role of oversight and, politically, denied individual representatives and senators the ability to claim credit.

90
Q

Which Congressional act withheld federal dollars from schools that did not fully desegregate their students?

A

The 1964 Civil Rights Act

91
Q

A popular mandate, also known as a political mandate refers to the idea that what?

A

A political official has been elected because the public strongly supports their platforms and wants to see them enacted.

92
Q

_____ take away Congress’s role of oversight.

A. Block grants

B. Funded Mandates

C. Unfunded mandates

D. Categorical grants

E. Strings

A

A. block grants

92
Q

A statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements is called a what?

A

Unfunded mandate

93
Q

Which 2015 law replaced the No Child Left Behind Act and modified but did not eliminate provisions relating to the periodic standardized tests given to students?

A

Every Student Succeeds Act (ESSA)

93
Q

LBJ passed the Elementary and Secondary Education Act, and George W. Bush signed the NCLB act in 2002. President Obama signed the ____________, which was created to spur and reward innovation and reforms in state and local district K–12 education.

A. NCLB

B. ESSA

C. Race to the Top Initiative

D. ESEA

A

C. Race to the Top Initiative

94
Q

Following Franklin Delano Roosevelt’s 1936 re-election win by a landslide, the 32nd president felt confident that the American people had given him a mandate to do what?

A

Expand his New Deal policies.

94
Q

In 2002, President Bush, signed the ___________________ Act which states are required to test students in reading and math in grades 3–8 and once in high school. All students are expected to meet or exceed state standards in reading and math by 2014

A

No Child Left Behind Act

94
Q

Mandates often address civil rights, environmental concerns, or other societal needs. Passed in 1970, the ________ Act set requirements and timetables for dealing with urban smog, acid rain, and toxic pollutants.

A

Clean Air Act

95
Q

In United States v. Morrison (2000) the Court declared the commerce clause was inappropriately used to legislate against _____ and struck down parts of the Violence Against Women Act declaring in a 5:4 decision, these crimes were not economic in nature.

A. domestic violence

B. assault weapons

C. liquor sales

D. prostitution

E. child abuse

A

A. domestic violence