Federalism Test (11.23.2020)

Question 1

federalism/division of powers

Answer 1

powers of government are divided between a central government and several regional gov’ts

Question 2

expressed powers

Answer 2

specifically written in the constitution (also called enumerated powers), specifically given to Congress in Article 1, Section 8

Question 3

examples of expressed (enumerated) powers

Answer 3

Commerce
Taxation
Borrow money
Currency
Bankruptcy
Declare war

Question 4

implied powers

Answer 4

not expressly stated, but reasonably suggested

Question 5

inherent powers

Answer 5

belong to national government because it is sovereign

Question 6

delegated powers

Answer 6

given to the national government

Question 7

reserved powers

Answer 7

10th amendment - reserved powers for the states

Question 8

concurrent powers

Answer 8

shared government powers

Question 9

10th Amendment

Answer 9

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

Question 10

examples of reserved powers

Answer 10

conduct elections, ratify amendments, public health, regulate state commerce, establish local gov’ts, marriage laws, death penalty, child custody, etc.

Question 11

examples of implied powers

Answer 11

levy & collect taxes, borrow money, establish naturalization laws, raise army & navy, regulate commerce, establish post offices

Question 12

supremacy clause

Answer 12

national law is supreme to all other laws (In order of supremacy: U.S. Constitution, Acts of Congress & Treaties, State Constitutions, State statutes, city & county ordinances)

Question 13

necessary and proper clause

Answer 13

Also called the “elastic clause”

Variation w/ scope of national gov’t - what the government is allowed to do - Antifederalists were concerned about the size and scope of government

Question 14

who supported the necessary and proper clause? who opposed it?

Answer 14

federalists supported, antifederalists opposed

Question 15

who favored a loose interpretation of Constitution? who favored strict interpretation?

Answer 15

federalists loose, antifederalists strict

Question 16

state representation in national government

Answer 16

senators (equal representation per state) and house of representatives (based on population)

Question 17

Grants-in-aid

Answer 17

Grants of federal money to states & their counties & cities that lack money for everyday operations (education, mass transit, highway construction, healthcare, job training)

Question 18

What are the two types of grants-in-aid?

Answer 18

categorical (formula, project) and block

Question 19

block grants

Answer 19

Broadly defined purpose
States have more discretion on how the $ is used
Less Restrictive, few strings attached

Question 20

project grants

Answer 20

(type of categorical grant) awarded on basis of competitive applications, Can go to state or private agency that operates in that state, many are made for research and development

Question 21

formula grants

Answer 21

(type of categorical grant) Distributed to state based on mathematical formula
States & local gov’ts do not apply for them

Question 22

categorical grants

Answer 22

SPECIFIC purpose, Main source of federal aid to state and local governments, way for nat’l gov’t to alter the states’ priorities to coerce states to nat’l policy

Question 23

dual federalism

Answer 23

layer cake federalism, programs and authority are clearly divided among the national, state, and local gov’ts

Question 24

cooperative federalism

Answer 24

marble cake federalism, programs and authority are mixed among the nat’l, state, and local gov’ts

Question 25

interstate compacts

Answer 25

contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns

Question 26

full faith & credit

Answer 26

All public acts, records, and judicial proceedings must be recognized by other states, exceptions - it only applies to civil laws, not criminal, and some divorces

Question 27

privileges & immunities

Answer 27

One state cannot discriminate against citizen of another state , exceptions - voting, college tuition

Question 28

extradition

Answer 28

Legal processes of returning a fugitive of justice back to the state the crime is committed

Question 29

new federalism

Answer 29

returning authority to state gov’ts - Raegan

Question 30

13th, 14th, 15th amendments

Answer 30

reconstruction amendments, 13th ended slavery, 14th citizenship rights, 15th black males right to vote, death of dual federalism, increased power of nat’l gov’t

Question 31

16th and 17th amendments

Answer 31

progressive amendments, 16th progressive income tax initially to tax riches in cities, 17th direct election of senators

Question 32

18th and 19th

Answer 32

18th prohibition, 19th women’s suffrage

Question 33

Who loses power under cooperative federalism?

Answer 33

the states

Question 34

which court cases favored national gov’t?

Answer 34

McCulloch v Maryland and Gibbons v Ogden

Question 35

which court cases favored state gov’t?

Answer 35

Barron v Baltimore and US v Lopez

Question 36

3 largest programs where tax dollars are spent other than military?

Answer 36

Medicaid, student loans - FAFSA, and SNAP - food stamps

Question 37

Democrats tend to favor…

Answer 37

Cooperative Federalism and expansion of power of the Nat’l Government, nat’l gov’t is best place to establish consensus and create nat’l standards

Question 38

Republicans tend to favor…

Answer 38

Dual Federalism and reduction of power of the Nat’l Gov’t, more power to states to govern themselves

Question 39

Cooperative federalism under FDR

Answer 39

New Deal programs forced all levels of gov’t to work cooperatively with one another, local gov’ts were embraced

Question 40

why did FDR threaten court packing?

Answer 40

SCOTUS was ruling that certain aspects of New Deal went beyond authority of Congress, so FDR wanted to enlarge Court from 9 to 13 to give him opportunity to pack the court with a majority of justices who supported the constitutional validity of the New Deal

Question 41

Article 1, Section 8 vs Article 1, Section 9

Answer 41

Section 8 - what Congress IS allowed to do

Section 9 - what Congress IS NOT allowed to do

Question 42

What in the Constitution gives Nat’l gov’t implied powers

Answer 42

enumerated powers and the necessary and proper clause

Question 43

Confederal v Federal gov’t

Answer 43

confederal - state holds powers, federal - national and state share powers and derive authority from people

Question 44

Parliamentary v Presidential gov’t

Answer 44

Parliamentary - voters elect legislature, chief exec is drawn from legislature
Presidential - voters elect legislature and the chief executive who is part of executive branch (legislature and executive are independent and coequal)

Question 45

Article 1, Section 9 - rights of the accused

Answer 45

Habeas Corpus - protection against the gov’t arresting without LEGAL reason
NO Bill of Attainder - law that allows a person to be convicted WITHOUT a trial
NO ex post facto - new laws cannot apply to people acting before new law was passed