Section 1.7-1.9 Test Flashcards

1
Q

federalism

A

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

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2
Q

supremacy clause

A

Article VI; places national law, treaties, and presidential action above state authority

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3
Q

full faith and credit clause

A

Article IV; states must regard and honor the laws in other states

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4
Q

privileges and immunities clause

A

Article IV; citizens of each state shall be entitled to all privileges and immunities of citizens in the several states

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5
Q

extradition clause

A

Article IV; states are obligated to deliver captured fugitive criminals back to the state where they committed the original crime

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6
Q

9th Amendment

A

rights not listed in the Constitution are reserved to the people

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7
Q

10th Amendment

A

the powers not delegated to the United States are reserved to the states

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8
Q

Article 1, Section 8

A

enumerated powers of Congress, including the necessary and proper clause

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9
Q

Article 1, Section 9

A

powers denied Congress; no regulating slave trade before 1808; states to be treated uniformly

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10
Q

Article 1, Section 10

A

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)

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11
Q

delegated/expressed/enumerated/exclusive powers

A

powers that are given only to the federal government

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12
Q

implied powers

A

powers of the national government that may be reasonably inferred from the Constitution (specifically the necessary and proper clause)

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13
Q

inherent powers

A

powers that exist for the national government because the government is sovereign

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14
Q

examples of national powers

A
  • 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
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15
Q

examples of concurrent powers

A
  • levy taxes
  • borrow money
  • spend for general welfare
  • establish courts
  • enact and enforce laws
  • charter banks
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16
Q

examples of state (reserved) powers

A
  • regulate intrastate commerce
  • establish local governments
  • marriage laws
  • operate schools
  • administer elections
  • powers related to the public’s health, welfare, and morals
  • regulate corporations
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17
Q

police powers

A

powers to create and enforce laws on health, safety, and morals; given to states

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18
Q

Kelo v. New London, CT

A

5th Amendment, eminent domain

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19
Q

Defense of Marriage Act (1996)

A

defined marriage as between one man and one woman

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20
Q

Obergefell v. Hodges (2015)

A

ruled 5:4 that the right to same-sex marriage was guaranteed

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21
Q

14th Amendment

A

promises U.S. citizenship to anyone born or naturalized in the U.S.. privileges and immunities clause, equal protection clause

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22
Q

Commerce Clause

A

Article 1, Section 8, Line 3; gives Congress the power to regulate commerce with foreign nations and among the states

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23
Q

guarantees to the states under Article IV

A
  • republican form of government
  • protections against foreign invasions and domestic violence
  • respect for the geographic integrity of states
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24
Q

revenue sharing/fiscal federalism

A

Congress collects federal tax revenues and distributes grants to the states to take care of particular concerns

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25
Q

grants-in-aid programs

A

Congress directs federal funds to states that qualify for aid and withholds funds when they do not; help states take care of basic needs

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26
Q

categorical grants

A

grants with particular congressional guidelines/requirements and strings (conditions of aid)

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27
Q

Morrill Land-Grant Act (1862)

A

allowed Congress to parcel out large tracts of land to encourage states to build colleges

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28
Q

1964 Civil Rights Act

A

outlawed discrimination based on race and withheld federal dollars from schools that did not fully desegregate their students

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29
Q

block grants

A

federal money given to states for broadly defined reasons; offer larger sums of money to the states without the strings of categorical grants

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30
Q

National Minimum Drinking Age Act of 1984

A

Congress offered large sums of money to states on the condition that states increase their drinking age to 21

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31
Q

South Dakota v. Dole

A
  • 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
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32
Q

mandates

A

require states to comply with a federal directive, sometimes with the reward of funds and sometimes without

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33
Q

Americans with Disabilities Act

A

required public sector buildings and transportation systems to be accessible for disabled individuals

34
Q

devolution

A

the return of power to the states
- associated with Ronald Reagan’s era of New Federalism
- example: block grants

35
Q

Unfunded Mandates Reform Act

A

denied Congress the ability to issue unfunded mandates

36
Q

Personal Responsibility and Work Opportunity Reconciliation Act

A

restructured the welfare system to return much authority and distribution of welfare dollars to the states

37
Q

McCulloch v. Maryland

A
  • 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
38
Q

Gibbons v. Ogden (1824)

A
  • 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
39
Q

dual federalism (“layer cake federalism”)

A

the national and state governments each remain separate and supreme within their own sphere of influence

40
Q

cooperative federalism (“marble cake federalism”)

A

the national and state governments share policymaking and cooperate in solving problems

41
Q

selective exclusiveness

A

a doctrine asserting that Congress may regulate commerce only when the commodity requires a national uniform rule

42
Q

16th Amendment

A

created the federal income tax and expanded Congress’s reach of regulation

43
Q

Mann Act of 1910

A

forbade the transportation of women across state lines for immoral purposes to crack down on prostitution

44
Q

Automobile Theft Act of 1915

A

made it a federal offense to knowingly drive a stolen car across state lines

45
Q

Hammer v. Dagenhart (1918)

A

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

46
Q

Fair Labor Standards Act of 1938

A

barred commerce across state lines for firms failing to pay employees at least $0.25 per hour

47
Q

United States v. Darby (1941)

A

the Supreme Court upheld the Fair Labor Standards Act of 1938 and overturned Hammer v. Dagenhart

48
Q

United States v. Lopez (1995)

A
  • 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
49
Q

United States v. Morrison (2000)

A
  • 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
50
Q

President Teddy Roosevelt

A

“the conservationist president”

51
Q

National Environmental Policy Act (1970)

A

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

52
Q

Air Pollution Control Act/Clean Air Act Amendments

A

improved air quality and decreased contaminants; requires the Department of Transportation to reduce automobile emissions

53
Q

Clean Water Act

A

regulates the discharges of pollutants into the waters of the U.S. and monitors quality standards for surface waters

54
Q

Endangered Species Act

A

established a program that empowers the National Fish and Wildlife Service to protect endangered species

55
Q

Superfund

A

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

56
Q

Environmental Protection Agency (EPA)

A
  • 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
57
Q

Kyoto Protocol (1997)

A
  • 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
58
Q

Paris Agreement (2015)

A
  • 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
59
Q

initiative

A

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)

60
Q

Uniform State Narcotics Act (1932)

A

strongly urged states to make marijuana and other drugs illegal

61
Q

1937 Marijuana Tax Act

A

passed in an effort to regulate marijuana

62
Q

Controlled Substances Act (1970)

A
  • 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
63
Q

Proposition 215

A

a statewide vote making California the first state to legalize medical marijuana
- participatory democracy

64
Q

Gonzalez v. Raich (2005)

A

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

65
Q

Which of the following statements accurately describes federalism?

A

it is a sharing of powers between national and state governments

66
Q

In the McCulloch v. Maryland (1819) decision, which two provisions in the Constitution were upheld and strengthened?

A

the necessary and proper clause and the supremacy clause

67
Q

Which of the following statements is reflected in the table above (“federal grants from the top five departments”)?

A

medical and social needs receive the most federal grant money

68
Q

Which governmental concept most likely results in lower funding for Education and Housing and Urban Development than for the other departments?

A

federalism encourages states and localities to provide primary support for these services

69
Q

Which of the following statements best describes the message expressed in the cartoon?

A

taxpayers are obligated to support multiple levels of government

70
Q

Which of the following concepts would the cartoonist most likely support?

A

devolution

71
Q

What is this Supreme Court chief justice nominee’s main point in his opening remarks?

A

federal judges must be impartial when contemplating shaping the law

72
Q

Justice Robert’s appearance before this committee illustrates the constitutional concept of..

A

advice and consent

73
Q

Which of the following describes the information in the chart (“number of federal aid-to-state programs”)?

A

the number of federal aid-to-state programs has increased in most of the years shown

74
Q

Which of the following is the most likely contributor to the trend in the chart (“number of federal aid-to-state programs”)?

A

the increase in policy areas the national government influences

75
Q

Which of the following constitutional provisions most reflects federalism?

A

Tenth Amendment

76
Q

Which of the following is an accurate comparison of Federalists and Anti-Federalists?

A

Federalists: argued for the ratification of the Constitution
Anti-Federalists: supported a bill of rights

77
Q

Which of the following statements best explains the information in the map (“seats in the House of Representatives First Congress”)?

A

the geographical size of the state does not determine the number of seats allotted to it

78
Q

Which of the following types of representative democracy is best reflected in the map (“seats in the House of Representatives First Congress”)?

A

elite democracy

79
Q

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

A

block grants: lead to loss of congressional oversight on spending grant money
categorical grants: require states or localities to meet certain criteria

80
Q

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?

A

mandate states to set the driving age at 18 and then withhold highway funds from any state that does not comply

81
Q

Which of the following conclusions is best supported by the infographic above (“Article 5: Amending the Constitution”)?

A

only a few amendments have been ratified by special conventions in at least 3/4, or 34, of the states

82
Q

Which concern of the framers does the method illustrated in the infographic (“Article 5: Amending the Constitution”) address?

A

proportionality and fair representation