WTP ch 3

Question 1

— can be defined s the division of powers and functions between the national government and the state government

Answer 1

federalism

Question 2

— — is the central government makes the important decisions, and lower levels of government have little independence power. In such systems, lower level government primarily implement decisions made by the — government.

Answer 2

Unitary system

Central

Question 3

— — (contrast to unitary system) central government shares powers or functions with lower levels of government, such as regions or states

Answer 3

Federal system

Question 4

The united states was the first nation to adopt — as its governing framework. With this, the framers sought to limit the national government by creating a — — of governments

Answer 4

Federalism

Second layer

Question 5

American federalism thus recognized two sovereigns in the original constitution and reinforced the principles in the Bill of Rights by granting a few — — (power specifically granted to Congress and the president in the constitution)

Answer 5

Expressed Powers

Question 6

“Expressed Powers” granted to the national government are found in Article— Section— of the constitution

Answer 6

Article I, Section 8

Question 7

Article 1 section 8 also contains another important source of power for the national government: the — — that enable congress “to make laws which shall be — and — for carrying into execution the foregoing powers”

Answer 7

Implied powers

Necessary and Proper

Question 8

Article — of the constitution says that whenever there is a conflict between a national law and a state law, the — law shall prevail

Answer 8

VI (six)

National

Question 9

The 10th amendment is also called the — — amendment because it aims to reserve powers to the —

Answer 9

Reserved powers

States

Question 10

The most fundamental power that the states retain is that of — ; the power to develop and enforce criminal codes, to administer health and safety rules, and to regulate the family via arrange and divorce laws

Answer 10

Coercion

Question 11

A states authority to regulate the health, safety, and morels of its citizens is commonly referred to as the — — of the state.

Answer 11

Police power

Question 12

— is what the states do, coercing you in the name of the community in order to maintain public order. This is exactly the type of power that the founders had intended to the states rather than the federal government to exercise

Answer 12

Policing

Question 13

In some areas the states share — — of the state (authority possessed by BOTH state and national governments ) with the national government, whereby the retain an share some power to regulate commerce and to affect the currency

Answer 13

Concurrent powers

Question 14

The constitution also creates obligations among the states. These obligations spelled out in article — were intended to promote — —-. by requiring the states to recognize actions and decisions taken in there states as legal and proper, the framers aimed to make the states less like independent countries and more like parts of a single nation

Answer 14

Article IV (four)
National Unity

Question 15

Article IV section — establishes the — — and — clause, stipulating that each state is normally expected to honor the “public acts, records, ad judicial proceedings” that take place in any other state

Answer 15

Section 1

Full faith and credit clause

Question 16

The “ — — and — “ clause has become embroiled in the controversy over gay marriage. The matter first received nationwide attention when the — supreme court ruled in 19– that gay and lesbian couples should have the same rights as heterosexuals,

Answer 16

Full Faith and Credit Clause
Vermont
1999

Question 17

In 1996, congress passed the — — — — (—-), which declared that states did not have to recognize same-sex marriages even if it is legal in other states

Answer 17

Defense of Marriage Act (DOMA)

Question 18

Article IV section 2, known as the “— —” also seeks to promote national unity. This clause provides that citizens enjoying the “— and —” of one state should be entitled to similar treatment in other states. What this has come to mean is that a state cannot discriminate against someone from another state or give special privileges to its own residents

Answer 18

“comity clause”

“privileges and immunities”

Question 19

— governments have no status in the US Constitution. State legislatures created — governments and state constitutions and laws permit — governments to take on some of the responsibilities of the state governments.

Answer 19

Local governments

Question 20

Most states amended their constitutions to give their larger cities — — , powers delegated by the state to a local unit of government to manage its own affairs. Local governments have always been mere conveniences of the states

Answer 20

Home rule

Question 21

— — in which most fundamental governmental powers were shared between the federal and state governments

Answer 21

Dual federalism

Question 22

For most of the 19th century, supreme court consistently interpreted the – — in favor of national power over the economy

Answer 22

Commerce clause

Question 23

— v. —- (1819) involved the question of whether congress had the power to charter a national bank, as such an explicit grant of power was no where to be found in article 1 section 8

Answer 23

McCulloch vs Maryland

Question 24

Of McCulloch v Maryland, chief justice – – answered that this power could be — from other powers that were — delegated to congress, such as the “powers to lay and collect taxes; to borrow money; to regulate commerce; and to declare and conduct a war”

Answer 24

John Marshal
Implied
Expressly

Question 25

The decision of McCulloch v Maryland as ruled by the supreme court created the potential for an unprecedented increase in – – power

Answer 25

National government

Question 26

Chief justice John Marshal also concluded that whenever a – law conflicted with a – law the former would be deemed invalid

Answer 26

State law

Federal law

Question 27

— v —- (1824) reinforced this nationalist interpretation of the constitution. The important but relatively narrow issue was whether the state of NY could grant a monopoly to Robert Fulton’s steamboat company to operate n exclusive service between NY and NJ.

Answer 27

Gibbons v Ogden

Question 28

In Gibbons v Ogden (1824) chief justice — — argued that NY did not have the power to grant particular monopoly. He had to define what article 1 section 8 meant by “commerce among the several states”

Answer 28

John Marshall

Question 29

— v— is important because it established the supremacy of the national government in all matters affecting hat later came to be called “interstate commerce”

Answer 29

Gibbons v Ogden

Question 30

— — is the principle that the states should oppose the increasing authority of the national government

Answer 30

States rights

Question 31

When Franklin Delano Roosevelt took office in 1933, he energetically threw the federal government into the business of fighting the depression through a number of proposals known collectively as the — —

Answer 31

New Deal

Question 32

— – — are programs through which congress provided money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

Answer 32

Grants-in-aid

Question 33

This type of grants-in-aid are given to states and localities by the national government on the condition that expenditures be limited to a problem or group specified by law

Answer 33

Categorical grants

Question 34

In 1956, 96 southern members of congress issued a “— —” in which they declared that southern states were not constitutionally bound by supreme court decisions outlawing racial segregation. They believed that states rights should override individual rights to liberty and formal equality.

Answer 34

“Southern Manifesto”

Question 35

— : whereby programs are removed from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments

Answer 35

Devolution

Question 36

In — — v — (1995), the court, stating that congress had exceeded its authority under the commerce clause, struck down a federal law that barred handguns near schools. This was TH first time since the New Deal that the court has limited congressional powers in this way.

Answer 36

United States v Lopez

Question 37

— v — (1997) the decision declared unconstitutional a provision of the Brady Handgun Violence Prevention Act that required state and local law enforcement official to conduct background checks on handgun purchasers. The court declared that this provision violated state sovereignty guaranteed in the 10th amendment because it required state and local officials to administer a federal regulatory program.

Answer 37

Printz v United States

Question 38

— — : in which grants-in-aid have been used strategically to encourage states and localities to pursue nationally defined goals, with national and governments sharing powers and resources via intergovernmental cooperation

Answer 38

Cooperative federalism

Question 39

One political scientist, Morton grodzins, characterized cooperative federalism as a move from “— — federalism” to “— — federalism” in which intergovernmental cooperation and sharing have blurred a one-clear distinguishing line, making it difficult to say where the national government ends and the state and local governments begin

Answer 39

“layered cake federalism” to “marble cake federalism”

Question 40

One of the reason that Washington distrusted the states was because of the way African American citizens were treated in the south. The southern states forthright defense of segregation, justified on the grounds of — —, helped tarnish the image of the states as the civil rights movement gained momentum

Answer 40

States rights

Question 41

— – – are incentives: congress gives money to Tate and local governments if they agree to spend it for the purposes congress specifies

Answer 41

Grants-in-aid

Question 42

— : the principle that allows the national government to override state or local actions in certain policy areas

Answer 42

Preemption

Question 43

— — : regulations or new conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the national government.

Answer 43

Unfunded mandates

Question 44

The growth of — — was TH product of a democratic congress which wanted to achieve liberal social objectives, and a republican president, who opposed increased social spending. Between 1983 and 1991,congress mandated standards in many policy areas, including social services and environmental regulations, without providing additional funds to meet those standards

Answer 44

Unfunded mandates

Question 45

— — — – (UMRA) : under this law congress must estimate the expense for any proposal in believes will cost more than $50 million. New national problems inevitably raise the question of who pays

Answer 45

Unfunded Mandates Reform Act

Question 46

Proponents of more state authority have looked to — — as a way of reducing federal control. These are federal grant-in-aids that allow states considerable discretion in how the funds are spent

Answer 46

Block grants

Question 47

President Richard Nixon led the first push for — — in the early 1970’s. Nixon approach consolidated programs in the areas of job training, community development, n social services into three large block grants. These grants imposed some conditions on states ad localities as to how the money should be spent but not the narrow regulations contained in the categorical grants

Answer 47

Block grants

Question 48

— — —; whereby the federal government provided mopey to local governments and countries with no strings attached; localities could spend the money as they wished

Answer 48

General revenue sharing

Question 49

Ronald Reagan’s version of — — (returning power to the states through block grants) similarly aimed to reduce the national government’s control

Answer 49

New Federalism

Question 50

After the terrorist attacks in 2001, Bush (aware that America was looking to Washington for protection) worked with congress to pass the — — – , which greatly increased the surveillance powers of the federal government. A year later, he created the enormous new federal —- —- -of —- —.

Answer 50

USA PATRIOT Act

Department of Homeland Security

Question 51

In the words of attorney general — — “it is clearly unconstitutional for the state to set its own immigration policy”

Answer 51

Eric Holder

Question 52

Controversial provision of the affordable care act was the “— —” the requirement that individuals without health care insurance be required to purchase such insurance. The 26 states suing the federal government charged that congress exceeded its power under the commerce clause when it enacted the — . they charged that congress had no power to force individuals to purchase a product and argued that the act set up a “slippery slope” in which congress could force individuals to make other purchases

Answer 52

Individual Mandate

mandate

Question 53

The supreme court found that the affordable care act could be justified by congress’s — – — . the law requires individuals who do not receive insurance from their employer or their parents, and are not eligible for Medicaid to purchase insurance or pay a penalty. The court reasoned that the penalty could be considered a — and in that sense it passed constitutional muster

Answer 53

Power to tax

Tax