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
Friday, September 30, 2011
Wednesday, September 28, 2011
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.
Tuesday, September 27, 2011
3.2 Pages 101-105
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.
Monday, September 26, 2011
3.1 Multiple-Choice Questions Pages 96-101
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
Friday, September 23, 2011
2.2 True/False Questions
1) The Twenty-Sixth Amendment guarantees the right to vote to all citizens who are at least
seventeen years old.
2) The Framers intended the amendment process to be difficult.
3) Following the French and Indian War, the British government and the colonists agreed that
westward expansion should be curtailed.
4) The Sons of Liberty were organized to fight the French and Indian War.
5) The Boston Tea Party was held to celebrate the signing of the Declaration of Independence.
6) Thomas Paine wrote Common Sense to argue for American independence.
7) Shaysʹs Rebellion was the first battle of the Revolutionary War.
8) The Declaration of Independence draws from the teachings of John Locke.
9) Under the Articles of Confederation, it was difficult for the federal government to collect tax
revenue and, therefore, to pay for anything the government wanted or needed to do.
10) The 1787 Constitutional Convention was called for the ʺsole and express purpose of revising
the Articles of Confederation.ʺ
11) Larger states tended to prefer the New Jersey Plan.
12) The Great Compromise resulted in a bicameral legislature, with all spending and taxing bills
originating in the House of Representatives.
13) To appease southern states, slaves were counted as three-fifths of a person for the purpose of
determining how many seats each state would have in the House of Representatives.
14) The Committee on Unfinished Portions was charged with ironing out the details of the
executive branch.
15) In order to prevent any one component of government from becoming too powerful, the
Framers separated powers among the three branches of government.
16) The enumerated powers are explicitly listed in the necessary and proper clause.
17) The Constitution prohibits Arnold Schwarzenegger from becoming president.
18) The executive branch is described in Article II of the Constitution.
19) The supremacy clause prevents government from establishing an official religion.
20) The Iraqi Constitution guarantees citizens housing and health care.
21) The Federalists tended to draw support from small farmers, shopkeepers, and laborers.
22) Ratification of the Constitution required approval of nine out of the 13 states.
23) The Equal Rights Amendment passed Congress and was ratified by the requisite number of
states in 1982, becoming the most recent constitutional amendment.
24) Both the House and the Senate have passed an anti-flag burning amendment with a
two-thirds majority. When a simple majority of state legislatures ratify the amendment, it will
officially become part of the Constitution.
25) Supreme Court decisions can change the meaning of the Constitution.
26) The Constitution has only changed through formal amendments.
seventeen years old.
2) The Framers intended the amendment process to be difficult.
3) Following the French and Indian War, the British government and the colonists agreed that
westward expansion should be curtailed.
4) The Sons of Liberty were organized to fight the French and Indian War.
5) The Boston Tea Party was held to celebrate the signing of the Declaration of Independence.
6) Thomas Paine wrote Common Sense to argue for American independence.
7) Shaysʹs Rebellion was the first battle of the Revolutionary War.
8) The Declaration of Independence draws from the teachings of John Locke.
9) Under the Articles of Confederation, it was difficult for the federal government to collect tax
revenue and, therefore, to pay for anything the government wanted or needed to do.
10) The 1787 Constitutional Convention was called for the ʺsole and express purpose of revising
the Articles of Confederation.ʺ
11) Larger states tended to prefer the New Jersey Plan.
12) The Great Compromise resulted in a bicameral legislature, with all spending and taxing bills
originating in the House of Representatives.
13) To appease southern states, slaves were counted as three-fifths of a person for the purpose of
determining how many seats each state would have in the House of Representatives.
14) The Committee on Unfinished Portions was charged with ironing out the details of the
executive branch.
15) In order to prevent any one component of government from becoming too powerful, the
Framers separated powers among the three branches of government.
16) The enumerated powers are explicitly listed in the necessary and proper clause.
17) The Constitution prohibits Arnold Schwarzenegger from becoming president.
18) The executive branch is described in Article II of the Constitution.
19) The supremacy clause prevents government from establishing an official religion.
20) The Iraqi Constitution guarantees citizens housing and health care.
21) The Federalists tended to draw support from small farmers, shopkeepers, and laborers.
22) Ratification of the Constitution required approval of nine out of the 13 states.
23) The Equal Rights Amendment passed Congress and was ratified by the requisite number of
states in 1982, becoming the most recent constitutional amendment.
24) Both the House and the Senate have passed an anti-flag burning amendment with a
two-thirds majority. When a simple majority of state legislatures ratify the amendment, it will
officially become part of the Constitution.
25) Supreme Court decisions can change the meaning of the Constitution.
26) The Constitution has only changed through formal amendments.
Wednesday, September 21, 2011
FRQ on the Constitution Question #1(2001)
The United States Constitution has endured for more than two centuries as the
framework of government. However, the meaning of the Constitution has been
changed both by formal and informal methods.
a. Identify two formal methods for adding amendments to the Constitution.
b. Describe two informal methods that have been used to change the
meaning of the Constitution. Provide one specific example for each
informal method you described.
c. Explain why informal methods are used more often than the formal amendment process
A1. One formal method for adding amendments to the Constitution is through the process by which amendment proposals if passed 2/3ds of both Houses of Congress, are then sent to the state legislatures. If 3/4s of these legislatures ratify the amendment proposal, then the amendment is added to the Constitution.
A2. Another formal method for adding amendments to the Constitution is completed through the states. In this scenario a statewide Constitutional Convention is called by Congress and held and if 2/3rds of state representatives approve the proposal, it is then sent off the state legislatures and will become ratified if ¾’s of these legislatures approve it. This method has never been used before.
B1. One informal method that has been used to change the meaning of the Constitution relates to the Elastic Clause and Congress-it essentially gives the legislative branch substantial power to make laws necessary and proper to carry out the functions of the federal government that may not be formally expressed in the Constitution. While a national bank was not mentioned in the Constitution, the Supreme Court decision, McCulloch v. Maryland allowed for a national banks’ authority over state banks-the State of Maryland could not tax a federal bank.
B2. Another informal method that has been used to change the meaning of the Constitution relates to the judicial process. Many constitutional questions have been the subject of court cases. Oftentimes, the 14th Amendment is involved in adjusting the Constitution. For example, in the case of Gideon v. Wainwright, the US Supreme Court held that an individual had the right to an attorney on the state level whereas originally the Constitution only allowed for federal representation.
C1. Informal methods for changing the Constitution are used far more often than the formal amendment process because they are much easier to affect. The 2/3rds proposal and ¾’s ratification process has produced only 27 amendments over the past 200 years. By contrast, legislative and judicial methods for “tweaking” the Constitution require far less time and far less need for consensus.
framework of government. However, the meaning of the Constitution has been
changed both by formal and informal methods.
a. Identify two formal methods for adding amendments to the Constitution.
b. Describe two informal methods that have been used to change the
meaning of the Constitution. Provide one specific example for each
informal method you described.
c. Explain why informal methods are used more often than the formal amendment process
A1. One formal method for adding amendments to the Constitution is through the process by which amendment proposals if passed 2/3ds of both Houses of Congress, are then sent to the state legislatures. If 3/4s of these legislatures ratify the amendment proposal, then the amendment is added to the Constitution.
A2. Another formal method for adding amendments to the Constitution is completed through the states. In this scenario a statewide Constitutional Convention is called by Congress and held and if 2/3rds of state representatives approve the proposal, it is then sent off the state legislatures and will become ratified if ¾’s of these legislatures approve it. This method has never been used before.
B1. One informal method that has been used to change the meaning of the Constitution relates to the Elastic Clause and Congress-it essentially gives the legislative branch substantial power to make laws necessary and proper to carry out the functions of the federal government that may not be formally expressed in the Constitution. While a national bank was not mentioned in the Constitution, the Supreme Court decision, McCulloch v. Maryland allowed for a national banks’ authority over state banks-the State of Maryland could not tax a federal bank.
B2. Another informal method that has been used to change the meaning of the Constitution relates to the judicial process. Many constitutional questions have been the subject of court cases. Oftentimes, the 14th Amendment is involved in adjusting the Constitution. For example, in the case of Gideon v. Wainwright, the US Supreme Court held that an individual had the right to an attorney on the state level whereas originally the Constitution only allowed for federal representation.
C1. Informal methods for changing the Constitution are used far more often than the formal amendment process because they are much easier to affect. The 2/3rds proposal and ¾’s ratification process has produced only 27 amendments over the past 200 years. By contrast, legislative and judicial methods for “tweaking” the Constitution require far less time and far less need for consensus.
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