Thursday, October 11, 2012
2007 FRQ on Federalism
2007 FRQ on Federalism
The framers of the United States Constitution created a federal system.
(a) Define federalism.
(b) Select two of the following and explain how each has been used to increase the power of the federal government relative to the states.
• Categorical grants
• Federal mandates
• Selective incorporation
(c) Select two of the following and explain how each has been used to increase the power of the states relative to the federal government.
• Welfare Reform Act of 1996
• Block grants
• Tenth Amendment
2007 FRQ on Federalism
A1. Federalism is defined as the Constitutional division between national and state government in the United States. Each level of government is protected by its own constitution.
B1. Categorical grants have been used to increase the power of the federal government relative to the states. This is accomplished by the federal government providing grants to states for specific purposes often in exchange for “strings attached.” Often federal categorical grants for highway funds have included provisions such as states adapting a universal standard for their drivers being legally drunk (.08). If states refuse to comply with an order, then the federal funding can be revoked.
B2. Federal mandates have been used to increase the power of the federal government relative to the states. Unfunded mandates are laws that the federal government establishes for the country that are not subsidized. The Americans with Disabilities Act is an unfunded federal mandate for which all states must be in compliance. States must follow the law (by providing accommodations for disabled persons) or risk legal action. The federal government when passing the law did not provide any money for states to make the necessary legal adoptions.
C1. Block grants have been used to increase the power of the state government relative to the federal government. Block grants were a part of the “devolution revolution” that Republicans hoped to accomplish in the early 1980’s. Block grants are chunks of money given to states by the federal government with few or no strings attached. The states are given wide discretion on how they can use the money.
C2. The Tenth Amendment has been used to increase the power of the state government relative to the federal government. This amendment states that all powers not provided in the Constitution for the national government are “reserved” for the states respectively. The Tenth Amendment has been invoked as a States’ Rights constitutional protection. Many innovations created at the state level are protected under the Tenth Amendment. Gambling in Nevada is an example. Nevada created this revenue raising innovation that other states have adopted.
Friday, October 5, 2012
3.1 Multiple-Choice Questions Pages 96 to 101
1) Which of the following best describes the ability of the various levels of government to work
together in the immediate aftermath of Hurricane Katrina?
A) State, local, and federal governments worked together seamlessly.
B) State and local governments worked with each other seamlessly, but did not coordinate
their activities with the federal government.
C) The government of Louisiana and the federal government worked together seamlessly,
but the Mayor of New Orleans preferred to work independently.
D) State, local, and federal governments were not able to coordinate effectively.
E) While state, local, and federal governments worked together well in the immediate
aftermath of the hurricane, their ability to coordinate dissipated as the crisis unfolded.
2) The most common type of government in the United States is the
A) county government.
B) township government.
C) municipal government.
D) school district.
E) special district.
3) What system of government is used in the United States?
A) a federal system
B) a confederation
C) a fiscal system
D) a unitary system
E) a renal system
4) Which type of government derives all of its power from the states?
A) socialism
B) a federal system
C) a confederation
D) a unitary system
E) a theocracy
5) Article I, section 8 gives Congress the power to pass all laws ʺnecessary and properʺ to
carrying out its enumerated powers. This clause is also known as the
A) enumerated powers clause.
B) reserve powers clause.
C) implied powers clause.
D) full faith and credit clause.
E) expressed powers clause.
6) In a federal system, the states derive their power from ________ and the national government
derives its power from ________.
A) the national government; the state governments
B) the state legislature; Congress
C) the states; the people
D) the people; the states
E) the people; the people
7) Which of the following is a concurrent power?
A) taxation
B) coining money
C) establishing federal courts
D) regulating commerce within a state
E) conducting war
8) Where state law conflicts with national law, national law prevails due to
A) federalism.
B) the supremacy clause.
C) the Tenth Amendment.
D) full faith and credit.
E) sovereign immunity.
9) Which of the following best describes the powers explicitly granted to state governments by
the Constitution?
A) State governments were given the enumerated powers.
B) State governments were given the expressed powers.
C) State governments were given the implied powers.
D) The powers granted to the state governments are spelled out in Article V of the
Constitution.
E) State government powers are not explicitly spelled out in the Constitution.
10) Identify the following phrase: ʺThe 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.ʺ
A) the establishment clause
B) the full faith and credit clause
C) the enumerated powers
D) Article I, section 8
E) the Tenth Amendment
together in the immediate aftermath of Hurricane Katrina?
A) State, local, and federal governments worked together seamlessly.
B) State and local governments worked with each other seamlessly, but did not coordinate
their activities with the federal government.
C) The government of Louisiana and the federal government worked together seamlessly,
but the Mayor of New Orleans preferred to work independently.
D) State, local, and federal governments were not able to coordinate effectively.
E) While state, local, and federal governments worked together well in the immediate
aftermath of the hurricane, their ability to coordinate dissipated as the crisis unfolded.
2) The most common type of government in the United States is the
A) county government.
B) township government.
C) municipal government.
D) school district.
E) special district.
3) What system of government is used in the United States?
A) a federal system
B) a confederation
C) a fiscal system
D) a unitary system
E) a renal system
4) Which type of government derives all of its power from the states?
A) socialism
B) a federal system
C) a confederation
D) a unitary system
E) a theocracy
5) Article I, section 8 gives Congress the power to pass all laws ʺnecessary and properʺ to
carrying out its enumerated powers. This clause is also known as the
A) enumerated powers clause.
B) reserve powers clause.
C) implied powers clause.
D) full faith and credit clause.
E) expressed powers clause.
6) In a federal system, the states derive their power from ________ and the national government
derives its power from ________.
A) the national government; the state governments
B) the state legislature; Congress
C) the states; the people
D) the people; the states
E) the people; the people
7) Which of the following is a concurrent power?
A) taxation
B) coining money
C) establishing federal courts
D) regulating commerce within a state
E) conducting war
8) Where state law conflicts with national law, national law prevails due to
A) federalism.
B) the supremacy clause.
C) the Tenth Amendment.
D) full faith and credit.
E) sovereign immunity.
9) Which of the following best describes the powers explicitly granted to state governments by
the Constitution?
A) State governments were given the enumerated powers.
B) State governments were given the expressed powers.
C) State governments were given the implied powers.
D) The powers granted to the state governments are spelled out in Article V of the
Constitution.
E) State government powers are not explicitly spelled out in the Constitution.
10) Identify the following phrase: ʺThe 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.ʺ
A) the establishment clause
B) the full faith and credit clause
C) the enumerated powers
D) Article I, section 8
E) the Tenth Amendment
3.2 Pages 101 to 105
1) What are the police powers?
A) those powers granted to Congress by the Constitution
B) those powers granted to the president by the Constitution
C) those powers which are ʺnecessary and properʺ for carrying out the enumerated powers
D) those powers reserved to the states by the Tenth Amendment
E) those powers protected by the supremacy clause
2) only the state governments
B) only the national government
C) only Congress
D) only the president
E) both the state governments and the national government
3) Under the Constitution, governments are prohibited from passing
A) economic regulations.
B) writs of habeas corpus.
C) ex post facto laws.
D) revenue measures.
E) block grants.
4) Why was the Tenth Amendment added to the Constitution?
A) concern among Anti-Federalists that the national government would claim powers
otherwise belonging to the states
B) to ensure that a state could not sue the national government without its permission
C) because the Constitution failed to list powers belonging to the national government
D) in order to minimize the economic hardships of the Founders
E) because Chief Justice John Marshall refused to hear cases involving constitutional issues,
noting that the Constitution does not explicitly grant to power of judicial review to the
judiciary
5) A law declaring an act illegal without a judicial trial is called a(n)
A) bill of attainder.
B) writ of mandamus.
C) ex post facto law.
D) habeas corpus act.
E) ex officio law.
6) The clause that ensures that judicial decrees and contracts made in one state will be binding
and enforceable in another is called the ________ clause.
A) privileges and immunities
B) full faith and credit
C) extraordinary rendition
D) bill of attainder
E) supremacy
7) How are local governments established?
A) by an act of Congress
B) by submitting an interstate compact to the attorney general
C) by state governments
D) by application to the United States Court of Federal Claims
E) by executive orders issued by the president
8) In the early 1800s, who was the Chief Justice who oversaw important federalism decisions,
including Marbury v. Madison and Gibbons v. Ogden?
A) Robert Bork
B) Oliver Ellsworth
C) Brushrod Washington
D) John Marshall
E) Oliver Wendell Holmes
9) In McCulloch v. Maryland (1816), the Supreme Court ruled that
A) Congress could use the necessary and proper clause to charter a national bank.
B) Maryland could not create a state bank because it is an enumerated power given
explicitly to Congress.
C) James McCulloch could not establish a bank in Maryland because he did not own
property in the state.
D) the Declaration of Independence does not carry any legal force.
E) the Commerce Clause is unconstitutionally vague and, therefore, prohibits establishing a
bank.
10) In McCulloch v. Maryland (1816), the Supreme Court ruled that
A) state laws trump national laws.
B) the supremacy clause prohibits states from taxing the federal government.
C) the scope of Congressʹs authority to create laws is strictly limited to the enumerated
powers.
D) the full faith and credit clause provides sufficient collateral to establish a national bank.
E) Congress has the power of judicial review over laws passed by the states.
A) those powers granted to Congress by the Constitution
B) those powers granted to the president by the Constitution
C) those powers which are ʺnecessary and properʺ for carrying out the enumerated powers
D) those powers reserved to the states by the Tenth Amendment
E) those powers protected by the supremacy clause
2) only the state governments
B) only the national government
C) only Congress
D) only the president
E) both the state governments and the national government
3) Under the Constitution, governments are prohibited from passing
A) economic regulations.
B) writs of habeas corpus.
C) ex post facto laws.
D) revenue measures.
E) block grants.
4) Why was the Tenth Amendment added to the Constitution?
A) concern among Anti-Federalists that the national government would claim powers
otherwise belonging to the states
B) to ensure that a state could not sue the national government without its permission
C) because the Constitution failed to list powers belonging to the national government
D) in order to minimize the economic hardships of the Founders
E) because Chief Justice John Marshall refused to hear cases involving constitutional issues,
noting that the Constitution does not explicitly grant to power of judicial review to the
judiciary
5) A law declaring an act illegal without a judicial trial is called a(n)
A) bill of attainder.
B) writ of mandamus.
C) ex post facto law.
D) habeas corpus act.
E) ex officio law.
6) The clause that ensures that judicial decrees and contracts made in one state will be binding
and enforceable in another is called the ________ clause.
A) privileges and immunities
B) full faith and credit
C) extraordinary rendition
D) bill of attainder
E) supremacy
7) How are local governments established?
A) by an act of Congress
B) by submitting an interstate compact to the attorney general
C) by state governments
D) by application to the United States Court of Federal Claims
E) by executive orders issued by the president
8) In the early 1800s, who was the Chief Justice who oversaw important federalism decisions,
including Marbury v. Madison and Gibbons v. Ogden?
A) Robert Bork
B) Oliver Ellsworth
C) Brushrod Washington
D) John Marshall
E) Oliver Wendell Holmes
9) In McCulloch v. Maryland (1816), the Supreme Court ruled that
A) Congress could use the necessary and proper clause to charter a national bank.
B) Maryland could not create a state bank because it is an enumerated power given
explicitly to Congress.
C) James McCulloch could not establish a bank in Maryland because he did not own
property in the state.
D) the Declaration of Independence does not carry any legal force.
E) the Commerce Clause is unconstitutionally vague and, therefore, prohibits establishing a
bank.
10) In McCulloch v. Maryland (1816), the Supreme Court ruled that
A) state laws trump national laws.
B) the supremacy clause prohibits states from taxing the federal government.
C) the scope of Congressʹs authority to create laws is strictly limited to the enumerated
powers.
D) the full faith and credit clause provides sufficient collateral to establish a national bank.
E) Congress has the power of judicial review over laws passed by the states.
3.3 pages 105 to 108
1) The McCulloch v. Maryland (1816) decision continues to be important today because
A) it established the sovereignty of state governments.
B) it enabled Congress to use the necessary and proper clause to widen its policymaking
scope.
C) the national bank continues to be the foundation of the American dollar.
D) Maryland continues to enjoy immunity from federal laws that regulate banking in every
other state.
E) it established the precedent of stare decisis.
2) What is the significance of the Courtʹs decision in Gibbons v. Ogden?
A) Maryland could not create a national bank.
B) Congress must provide ʺdue compensationʺ when it exercises its power of eminent
domain.
C) The president has broad foreign policy powers beyond those explicitly granted in the
Constitution.
D) Congress has broad authority under the commerce clause.
E) The full faith and credit clause does not apply to unmarried couples.
3) The doctrine, applied by the Taney Court, that the national government should not exceed its
enumerated powers is called
A) the full faith and credit doctrine.
B) the doctrine of implied powers.
C) confederation.
D) dual federalism.
E) the emancipation doctrine.
4) In Dred Scott v. Sandford the Supreme Court ruled
A) in favor of Dred Scott.
B) the Missouri Compromise unconstitutional.
C) that slavery could not extend into the territories.
D) for a broad interpretation of the takings clause.
E) that slavery was an immoral ʺstain upon the Union.ʺ
5) In which 1857 decision did the Supreme Court rule that slaves were not citizens, but property?
A) McCulloch v. Maryland
B) Plessy v. Ferguson
C) Gibbons v. Ogden
D) Dred Scott v. Sandford
E) Gonzales v. Raich
6) The Supreme Court ruled in Plessy v. Ferguson (1896) that
A) separate but equal was inherently unconstitutional.
B) the states had very limited police powers under the Tenth Amendment.
C) racial segregation was constitutional.
D) states could not protect the general welfare of their citizens.
E) all persons born or naturalized in the United States are citizens of the United States.
7) What was the impact of the Sixteenth Amendment on federalism?
A) It increased the power of the state governments by granting them sovereign immunity.
B) It codified the doctrine of dual federalism.
C) It codified the doctrine of concurrent powers.
D) It enhanced statesʹ rights.
E) It enabled the federal government to expand its power by giving it more money to
spend.
8) The Seventeenth Amendment
A) required that U.S. Senators be elected directly by the people.
B) punished the South for the Civil War.
C) enhanced the power of the states.
D) was an unsuccessful attempt to guarantee former slaves the right to vote.
E) successfully guaranteed former slaves the right to vote.
9) The era of dual federalism ended with the
A) Civil War.
B) Great Depression.
C) Sherman Anti-Trust Act.
D) passage of the Fourteenth Amendment.
E) doctrine of implied powers.
10) How did Presidents Calvin Coolidge and Herbert Hoover react to the worsening economic
situations of the 1920s?
A) They launched the New Deal.
B) They created the Works Progress Administration.
C) They abandoned the doctrine of nullification and established the Federal Reserve Board.
D) They did very little, believing it was the responsibility of state governments.
E) They established the Social Security Administration to serve the needs of the elderly and
the impoverished.
A) it established the sovereignty of state governments.
B) it enabled Congress to use the necessary and proper clause to widen its policymaking
scope.
C) the national bank continues to be the foundation of the American dollar.
D) Maryland continues to enjoy immunity from federal laws that regulate banking in every
other state.
E) it established the precedent of stare decisis.
2) What is the significance of the Courtʹs decision in Gibbons v. Ogden?
A) Maryland could not create a national bank.
B) Congress must provide ʺdue compensationʺ when it exercises its power of eminent
domain.
C) The president has broad foreign policy powers beyond those explicitly granted in the
Constitution.
D) Congress has broad authority under the commerce clause.
E) The full faith and credit clause does not apply to unmarried couples.
3) The doctrine, applied by the Taney Court, that the national government should not exceed its
enumerated powers is called
A) the full faith and credit doctrine.
B) the doctrine of implied powers.
C) confederation.
D) dual federalism.
E) the emancipation doctrine.
4) In Dred Scott v. Sandford the Supreme Court ruled
A) in favor of Dred Scott.
B) the Missouri Compromise unconstitutional.
C) that slavery could not extend into the territories.
D) for a broad interpretation of the takings clause.
E) that slavery was an immoral ʺstain upon the Union.ʺ
5) In which 1857 decision did the Supreme Court rule that slaves were not citizens, but property?
A) McCulloch v. Maryland
B) Plessy v. Ferguson
C) Gibbons v. Ogden
D) Dred Scott v. Sandford
E) Gonzales v. Raich
6) The Supreme Court ruled in Plessy v. Ferguson (1896) that
A) separate but equal was inherently unconstitutional.
B) the states had very limited police powers under the Tenth Amendment.
C) racial segregation was constitutional.
D) states could not protect the general welfare of their citizens.
E) all persons born or naturalized in the United States are citizens of the United States.
7) What was the impact of the Sixteenth Amendment on federalism?
A) It increased the power of the state governments by granting them sovereign immunity.
B) It codified the doctrine of dual federalism.
C) It codified the doctrine of concurrent powers.
D) It enhanced statesʹ rights.
E) It enabled the federal government to expand its power by giving it more money to
spend.
8) The Seventeenth Amendment
A) required that U.S. Senators be elected directly by the people.
B) punished the South for the Civil War.
C) enhanced the power of the states.
D) was an unsuccessful attempt to guarantee former slaves the right to vote.
E) successfully guaranteed former slaves the right to vote.
9) The era of dual federalism ended with the
A) Civil War.
B) Great Depression.
C) Sherman Anti-Trust Act.
D) passage of the Fourteenth Amendment.
E) doctrine of implied powers.
10) How did Presidents Calvin Coolidge and Herbert Hoover react to the worsening economic
situations of the 1920s?
A) They launched the New Deal.
B) They created the Works Progress Administration.
C) They abandoned the doctrine of nullification and established the Federal Reserve Board.
D) They did very little, believing it was the responsibility of state governments.
E) They established the Social Security Administration to serve the needs of the elderly and
the impoverished.
3.4 pages 108 to 113
1) What is the New Deal?
A) An expansive use of federal government authority in an attempt to end the Great
Depression.
B) Franklin Rooseveltʹs proposal to strengthen the state governments.
C) Theodore Rooseveltʹs proposal to strengthen the state governments.
D) A failed attempt to restore the doctrine of dual federalism.
E) A successful attempt to restore the doctrine of sovereign immunity.
2) During the early years of the New Deal, the Supreme Court
A) ruled many programs unconstitutional.
B) continued to enforce the supremacy clause, thus ruling New Deal programs
constitutional.
C) cooperated with the administration to combat the depression.
D) worked in favor of programs designed to combat the crisis.
E) argued that ʺextraordinary times call for extraordinary measures.ʺ
3) During the early years of the New Deal, the attitude of the Supreme Court toward federal
economic intervention could be characterized as
A) enthusiastic.
B) laissez-faire.
C) interventionist.
D) activist.
E) collectivist.
4) In response to the Supreme Courtʹs opposition to many New Deal programs, President
Roosevelt suggested
A) impeaching the entire Supreme Court.
B) reducing the pay of sitting Supreme Court justices.
C) increasing the number of justices from nine to 13.
D) disbanding the Supreme Court.
E) giving the Supreme Courtʹs jurisdiction to the U.S. District Court for the District of
Columbia.
5) New Deal programs led to an era of ________ federalism.
A) carrot cake
B) apple pie
C) marble cake
D) cherry turnover
E) upside-down cake
6) Cooperative federalism is characterized by
A) a stronger national government.
B) stronger state governments.
C) a shift in power from the national to state governments.
D) stronger municipal governments.
E) a distinct division of authority between the national and the state governments.
7) What are categorical grants?
A) Money given to the national government for ʺparty building activities.ʺ
B) Money given to state governments for specific purposes.
C) Money borrowed from citizens to pay war debts.
D) Money borrowed from citizens to pay for the New Deal programs.
E) Money allocated by the president to ʺenhance the general welfareʺ of the national
government.
8) After the New Deal, the next major effort to use significant national government resources to
remedy societal problems was
A) Harry S. Trumanʹs ʺWar for the Middle Class.ʺ
B) Dwight Eisenhowerʹs ʺMaster Plan.ʺ
C) John F. Kennedyʹs ʺAsk What Your Country Can Do For Youʺ initiative.
D) Lyndon B. Johnsonʹs ʺGreat Societyʺ program.
E) Jimmy Carterʹs ʺCompassionate Countryʺ program.
9) What did Ronald Reagan have in mind when he advocated for ʺNew Federalismʺ?
A) The national government should return power to the states.
B) The national government should expand its powers by aggressively using the commerce
clause.
C) The national government should regulate economic conditions, but state governments
should determine social policies.
D) States should shoulder a greater burden of paying for Congressional mandates.
E) A return to the relationship between the national government and the state governments
that existed during the New Deal.
10) National laws that direct state or local governments to comply with federal rules or
regulations without providing funds to defray the costs are called
A) unfunded mandates.
B) block grants.
C) the Contract with America.
D) the new federalism.
E) Reaganomics.
A) An expansive use of federal government authority in an attempt to end the Great
Depression.
B) Franklin Rooseveltʹs proposal to strengthen the state governments.
C) Theodore Rooseveltʹs proposal to strengthen the state governments.
D) A failed attempt to restore the doctrine of dual federalism.
E) A successful attempt to restore the doctrine of sovereign immunity.
2) During the early years of the New Deal, the Supreme Court
A) ruled many programs unconstitutional.
B) continued to enforce the supremacy clause, thus ruling New Deal programs
constitutional.
C) cooperated with the administration to combat the depression.
D) worked in favor of programs designed to combat the crisis.
E) argued that ʺextraordinary times call for extraordinary measures.ʺ
3) During the early years of the New Deal, the attitude of the Supreme Court toward federal
economic intervention could be characterized as
A) enthusiastic.
B) laissez-faire.
C) interventionist.
D) activist.
E) collectivist.
4) In response to the Supreme Courtʹs opposition to many New Deal programs, President
Roosevelt suggested
A) impeaching the entire Supreme Court.
B) reducing the pay of sitting Supreme Court justices.
C) increasing the number of justices from nine to 13.
D) disbanding the Supreme Court.
E) giving the Supreme Courtʹs jurisdiction to the U.S. District Court for the District of
Columbia.
5) New Deal programs led to an era of ________ federalism.
A) carrot cake
B) apple pie
C) marble cake
D) cherry turnover
E) upside-down cake
6) Cooperative federalism is characterized by
A) a stronger national government.
B) stronger state governments.
C) a shift in power from the national to state governments.
D) stronger municipal governments.
E) a distinct division of authority between the national and the state governments.
7) What are categorical grants?
A) Money given to the national government for ʺparty building activities.ʺ
B) Money given to state governments for specific purposes.
C) Money borrowed from citizens to pay war debts.
D) Money borrowed from citizens to pay for the New Deal programs.
E) Money allocated by the president to ʺenhance the general welfareʺ of the national
government.
8) After the New Deal, the next major effort to use significant national government resources to
remedy societal problems was
A) Harry S. Trumanʹs ʺWar for the Middle Class.ʺ
B) Dwight Eisenhowerʹs ʺMaster Plan.ʺ
C) John F. Kennedyʹs ʺAsk What Your Country Can Do For Youʺ initiative.
D) Lyndon B. Johnsonʹs ʺGreat Societyʺ program.
E) Jimmy Carterʹs ʺCompassionate Countryʺ program.
9) What did Ronald Reagan have in mind when he advocated for ʺNew Federalismʺ?
A) The national government should return power to the states.
B) The national government should expand its powers by aggressively using the commerce
clause.
C) The national government should regulate economic conditions, but state governments
should determine social policies.
D) States should shoulder a greater burden of paying for Congressional mandates.
E) A return to the relationship between the national government and the state governments
that existed during the New Deal.
10) National laws that direct state or local governments to comply with federal rules or
regulations without providing funds to defray the costs are called
A) unfunded mandates.
B) block grants.
C) the Contract with America.
D) the new federalism.
E) Reaganomics.
Wednesday, October 3, 2012
Reminder
Don't forget about reading Sabato Constitution sections. Tomorrow I will quiz you on section 3. Look it up on this website if you dont know where to find it ;)
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