Section 1.7-1.9 Test Flashcards
federalism
the sharing of powers between the national government and state governments
- based on rule of law and the balance between majority rule and minority rights
supremacy clause
Article VI; places national law, treaties, and presidential action above state authority
full faith and credit clause
Article IV; states must regard and honor the laws in other states
privileges and immunities clause
Article IV; citizens of each state shall be entitled to all privileges and immunities of citizens in the several states
extradition clause
Article IV; states are obligated to deliver captured fugitive criminals back to the state where they committed the original crime
9th Amendment
rights not listed in the Constitution are reserved to the people
10th Amendment
the powers not delegated to the United States are reserved to the states
Article 1, Section 8
enumerated powers of Congress, including the necessary and proper clause
Article 1, Section 9
powers denied Congress; no regulating slave trade before 1808; states to be treated uniformly
Article 1, Section 10
powers denied to the states; including not passing bills of attainder (legislative acts declaring one guilty of a crime) or ex post facto laws (make an act illegal after one has committed it) and not suspending the writ of habeas corpus (the right to be formally charged after an arrest)
delegated/expressed/enumerated/exclusive powers
powers that are given only to the federal government
implied powers
powers of the national government that may be reasonably inferred from the Constitution (specifically the necessary and proper clause)
inherent powers
powers that exist for the national government because the government is sovereign
examples of national powers
- regulate foreign and interstate commerce
- coin and print money
- provide an army and navy
- declare war
- establish federal courts below the Supreme Court
- conduct foreign relations
- make all laws necessary and proper
- acquire U.S. territories and admit new states
- regulate immigration/naturalization
examples of concurrent powers
- levy taxes
- borrow money
- spend for general welfare
- establish courts
- enact and enforce laws
- charter banks
examples of state (reserved) powers
- regulate intrastate commerce
- establish local governments
- marriage laws
- operate schools
- administer elections
- powers related to the public’s health, welfare, and morals
- regulate corporations
police powers
powers to create and enforce laws on health, safety, and morals; given to states
Kelo v. New London, CT
5th Amendment, eminent domain
Defense of Marriage Act (1996)
defined marriage as between one man and one woman
Obergefell v. Hodges (2015)
ruled 5:4 that the right to same-sex marriage was guaranteed
14th Amendment
promises U.S. citizenship to anyone born or naturalized in the U.S.. privileges and immunities clause, equal protection clause
Commerce Clause
Article 1, Section 8, Line 3; gives Congress the power to regulate commerce with foreign nations and among the states
guarantees to the states under Article IV
- republican form of government
- protections against foreign invasions and domestic violence
- respect for the geographic integrity of states
revenue sharing/fiscal federalism
Congress collects federal tax revenues and distributes grants to the states to take care of particular concerns
grants-in-aid programs
Congress directs federal funds to states that qualify for aid and withholds funds when they do not; help states take care of basic needs
categorical grants
grants with particular congressional guidelines/requirements and strings (conditions of aid)
Morrill Land-Grant Act (1862)
allowed Congress to parcel out large tracts of land to encourage states to build colleges
1964 Civil Rights Act
outlawed discrimination based on race and withheld federal dollars from schools that did not fully desegregate their students
block grants
federal money given to states for broadly defined reasons; offer larger sums of money to the states without the strings of categorical grants
National Minimum Drinking Age Act of 1984
Congress offered large sums of money to states on the condition that states increase their drinking age to 21
South Dakota v. Dole
- the Supreme Court ruled that Congress did have the power to set conditions on the drinking age for states to receive federal dollars for highway repair and construction
- Congressional restrictions on grants to the states are constitutional if they are for the general welfare of the public and not ambiguous, conditions are related to the federal interest in particular national projects/programs, and it doesn’t involve Congress inducing states to engage in unconstitutional activities
mandates
require states to comply with a federal directive, sometimes with the reward of funds and sometimes without
Americans with Disabilities Act
required public sector buildings and transportation systems to be accessible for disabled individuals
devolution
the return of power to the states
- associated with Ronald Reagan’s era of New Federalism
- example: block grants
Unfunded Mandates Reform Act
denied Congress the ability to issue unfunded mandates
Personal Responsibility and Work Opportunity Reconciliation Act
restructured the welfare system to return much authority and distribution of welfare dollars to the states
McCulloch v. Maryland
- Maryland questioned the legality of a congressionally created bank in Baltimore because the Constitution doesn’t explicitly mention that Congress has the power to create a bank
- reinforced implied powers under the necessary and proper clause and national supremacy
Gibbons v. Ogden (1824)
- a dispute between New York and the federal government over navigation rights on the Hudson River
- the Court defined commerce and specified that the power to regulate interstate commerce is exclusive to the national government according to the Commerce Clause
dual federalism (“layer cake federalism”)
the national and state governments each remain separate and supreme within their own sphere of influence
cooperative federalism (“marble cake federalism”)
the national and state governments share policymaking and cooperate in solving problems
selective exclusiveness
a doctrine asserting that Congress may regulate commerce only when the commodity requires a national uniform rule
16th Amendment
created the federal income tax and expanded Congress’s reach of regulation
Mann Act of 1910
forbade the transportation of women across state lines for immoral purposes to crack down on prostitution
Automobile Theft Act of 1915
made it a federal offense to knowingly drive a stolen car across state lines
Hammer v. Dagenhart (1918)
the Court ruled that the evils of child labor were entirely in the sphere of manufacturing, not commerce, and child labor was thus outside congressional authority
Fair Labor Standards Act of 1938
barred commerce across state lines for firms failing to pay employees at least $0.25 per hour
United States v. Darby (1941)
the Supreme Court upheld the Fair Labor Standards Act of 1938 and overturned Hammer v. Dagenhart
United States v. Lopez (1995)
- Congress passed the Gun-Free School Zones Act in 1990 to prevent school gun violence
- Alfonso Lopez carried a gun into a San Antonio high school and was tried in federal court
- majority opinion stated that the Gun-Free School Zones Act violated the Constitution + a gun near school property does not have an impact on interstate commerce and is therefore not covered by the commerce clause
United States v. Morrison (2000)
- the Violence Against Women Act (1994) was passed on the basis that domestic violence had a significant cost for taxpayers
- the Supreme Court stated the commerce clause was inappropriately used to legislate against domestic violence and struck down parts of the Violence Against Women Act
President Teddy Roosevelt
“the conservationist president”
National Environmental Policy Act (1970)
requires any government agency to file an environmental impact statement with the federal government every time the agency plans a policy that might harm the environment, dams, roads, or existing construction
Air Pollution Control Act/Clean Air Act Amendments
improved air quality and decreased contaminants; requires the Department of Transportation to reduce automobile emissions
Clean Water Act
regulates the discharges of pollutants into the waters of the U.S. and monitors quality standards for surface waters
Endangered Species Act
established a program that empowers the National Fish and Wildlife Service to protect endangered species
Superfund
industry pays for insurance so taxpayers don’t have to pay for waste cleanup
- the guilty polluter pays for the cleanup, but when the guilty party is unknown or bankrupt, the collective fund will cover these costs, not the taxpayer
Environmental Protection Agency (EPA)
- oversees the Superfund and toxic waste cleanup
- works with the federal government to require states to set air quality standards, reduce the damage done by automobiles, measure city smog, and set environmental guidelines
- the Supreme Court overturned the EPA’s regulation on how much chemicals power plants could emit, arguing that the EPA had neglected to consider the cost burden to the power plants and customers
Kyoto Protocol (1997)
- a multi-country agreement that committed the signing nations to reduced greenhouse gas emissions
- Bill Clinton agreed, but the conservative Senate did not achieve the two-thirds majority necessary to ratify
Paris Agreement (2015)
- President Obama sought to accept membership in this climate agreement as a matter of executive order without the approval of the conservative Senate
- in 2017, President Trump used the same bypass method to withdraw from the Paris Agreement
initiative
a process in which a certain number of qualified voters sign a petition in favor of a proposed statute or constitutional amendment which goes directly to the ballot
- California passed legislation to extend its program to reduce carbon emissions (cap and trade)
Uniform State Narcotics Act (1932)
strongly urged states to make marijuana and other drugs illegal
1937 Marijuana Tax Act
passed in an effort to regulate marijuana
Controlled Substances Act (1970)
- a comprehensive federal drug policy that was part of President Richard Nixon’s war on drugs
- was the first federal law with the power to enforce and heavily punish marijuana dealers and users
- placed marijuana in the same category as heroin, cocaine, and other illegal substances and stated that it had no medical benefits
Proposition 215
a statewide vote making California the first state to legalize medical marijuana
- participatory democracy
Gonzalez v. Raich (2005)
the Supreme Court ruled that the Constitution’s commerce clause entitles Congress to determine what may be bought and sold; federal marijuana crimes were upheld
Which of the following statements accurately describes federalism?
it is a sharing of powers between national and state governments
In the McCulloch v. Maryland (1819) decision, which two provisions in the Constitution were upheld and strengthened?
the necessary and proper clause and the supremacy clause
Which of the following statements is reflected in the table above (“federal grants from the top five departments”)?
medical and social needs receive the most federal grant money
Which governmental concept most likely results in lower funding for Education and Housing and Urban Development than for the other departments?
federalism encourages states and localities to provide primary support for these services
Which of the following statements best describes the message expressed in the cartoon?
taxpayers are obligated to support multiple levels of government
Which of the following concepts would the cartoonist most likely support?
devolution
What is this Supreme Court chief justice nominee’s main point in his opening remarks?
federal judges must be impartial when contemplating shaping the law
Justice Robert’s appearance before this committee illustrates the constitutional concept of..
advice and consent
Which of the following describes the information in the chart (“number of federal aid-to-state programs”)?
the number of federal aid-to-state programs has increased in most of the years shown
Which of the following is the most likely contributor to the trend in the chart (“number of federal aid-to-state programs”)?
the increase in policy areas the national government influences
Which of the following constitutional provisions most reflects federalism?
Tenth Amendment
Which of the following is an accurate comparison of Federalists and Anti-Federalists?
Federalists: argued for the ratification of the Constitution
Anti-Federalists: supported a bill of rights
Which of the following statements best explains the information in the map (“seats in the House of Representatives First Congress”)?
the geographical size of the state does not determine the number of seats allotted to it
Which of the following types of representative democracy is best reflected in the map (“seats in the House of Representatives First Congress”)?
elite democracy
Which of the following is an accurate comparison of federal block grants and categorical grants?
block grants: lead to loss of congressional oversight on spending grant money
categorical grants: require states or localities to meet certain criteria
More than half the 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?
mandate states to set the driving age at 18 and then withhold highway funds from any state that does not comply
Which of the following conclusions is best supported by the infographic above (“Article 5: Amending the Constitution”)?
only a few amendments have been ratified by special conventions in at least 3/4, or 34, of the states
Which concern of the framers does the method illustrated in the infographic (“Article 5: Amending the Constitution”) address?
proportionality and fair representation
