Chapter 2 – American Federalism Reading Comprehension Quiz Multiple Choice Questions 1. _______________ is a form of government in which a constitution distributes powers between a central government and smaller regional governments. A. Confederation B. Union or unitary system C. Constitutional monarchy D. Federalism E. Socialism Answer: D 2. Dual federalism A. conceives of federalism as a mixed set of responsibilities in which all levels of government are engaged in a variety of issues and programs. B. views the Constitution as giving a limited list of powers—primarily foreign policy and national defense—to the national government, leaving the rest to sovereign states. C. views the national government, the 50 states, and the thousands of local governments as competing with each other over ways to put together packages of services and taxes. D. presumes that the power of the federal government is limited in favor of the broad powers reserved to the states. E. implies that although federalism provides a sharing of power and authority between the national and state government, the states’ share rests upon the consent and willingness of the national government. Answer: B 3. Constitutionally, the federal system of the United States consists of the national government, the 50 states, and A. the counties. B. the regions. C. the towns. D. the cities. E. that’s it. Answer: E 4. The text uses the term “federal government” to refer to A. state government. B. state and local government. C. state and national governments. D. national government headquartered in Washington, D.C. E. Washington, D.C. Answer: D 5. Federalism checks the growth of tyranny because A. when one political party loses control of the national government, it is still likely to hold office in a number of states and can continue to challenge the party in power at the national level. B. national politicians and parties do not have to iron out every difference on every issue that divides us; these issues are debated in state legislatures, county courthouses, and city halls. C. if states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government. D. while encouraging experiments in public policy, federalism also provides a training ground for state and local politicians to gain experience before moving to the national stage. E. by providing numerous arenas for decision making, federalism engages many people in the process of government and helps keep government closer to the people Answer: A 6. The Constitutional base for the implied powers of Congress is A. the supremacy clause. B. the necessary and proper clause. C. the due process clause. D. Article II. E. habeas corpus. Answer: B 7. The constitutional provision requiring that state courts enforce civil judgments of the courts of other states and accept their public records as valid is found in the A. commerce clause. B. full faith and credit clause. C. interstate privileges and immunities clause. D. due process clause. E. concurrent powers clause. Answer: B 8. All powers not specifically delegated to the national government nor denied to the states by the Constitution are called A. reserve powers. B. federal mandates. C. concurrent powers. D. national supremacy. E. preemption. Answer: A 9. The national and state governments share the power to A. regulate trade and interstate commerce. B. oversee primary and secondary education. C. police citizens. D. impose and collect taxes and fees. E. establish post offices. Answer: D 10. The powers given explicitly to the national government and listed in the Constitution are called ____________ powers. A. delegated B. implied C. necessary D. reserved E. inherent Answer: A 11. The case of McCulloch v. Maryland (1803) involved A. the right of a state to tax the federal government. B. the right of a state to secede from the Union. C. the power of the president to declare war. D. the right of an individual to sue a state. E. the right of an individual to levy a tax. Answer: A 12. A constitutional doctrine that suggests whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government prevail, is known as A. reserve powers. B. a federal mandate. C. concurrent powers. D. national supremacy. E. preemption. Answer: D 13. The attempt to return many functions of government to the state level has been called A. a return to state control. B. an evolution revolution. C. a devolution revolution. D. a return to separation of powers. E. a contract with America. Answer: C 14. In an effort to reduce rising national budget deficits, which type of federal grant program was eliminated? A. Categorical grants B. Project grants C. Revenue sharing D. Block grants E. All of the above Answer: C 15. Funds appropriated for specific purposes, such as school lunches or the building of highways or airports, which are allocated by formula and subject to detailed federal conditions are called A. revenue grants. B. project grants. C. categorical-formula grants. D. block grants. E. revenue-sharing grants. Answer: C 16. A requirement the federal government imposes as a condition for receiving federal funds is called A. reserve powers. B. a federal mandate. C. concurrent powers. D. national supremacy. E. preemption. Answer: B True/False Questions 1. Cooperative federalism views the Constitution as giving a limited list of powers—primarily foreign policy and national defense—to the national government, leaving the rest to sovereign states. Answer: False 2. In a confederation system of government, a constitution vests all governmental power in the central government. Answer: False 3. Federalism allows unity without uniformity because national politicians and parties do NOT have to iron out every difference on every issue that divides us; these issues are debated in state legislatures, county courthouses, and city halls. Answer: True 4. The national supremacy clause is interpreted to mean that national policies are only enforceable with the permission of the states. Answer: False 5. Powers reserved to the states include the creation of post offices. Answer: False 6. Chief Justice John Marshall set forth the doctrine of national supremacy. Answer: True 7. Centralists favor state or local action rather than national action. Answer: False 8. Federal grants expand the growth of federal agencies. Answer: False 9. Money awarded for broad, general purposes is called a formula grant. Answer: False 10. Today, the national government is NOT necessarily more favorable to the claims of minorities than state or local governments are. Answer: True Chapter Examination Multiple Choice Questions 1. In a ___________ system of government, sovereign nations create a central government through a constitutional compact but carefully limit the government’s authority and do NOT give it the power to regulate the conduct of individuals directly. A. federal B. unitary C. constitutional D. socialistic E. confederation Answer: E 2. Federalism encourages experimentation because A. when one political party loses control of the national government, it is still likely to hold office in a number of states and can continue to challenge the party in power at the national level. B. national politicians and parties do not have to iron out every difference on every issue that divides us; these issues are debated in state legislatures, county courthouses, and city halls. C. if states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government. D. while encouraging experiments in public policy, federalism also provides a training ground for state and local politicians to gain experience before moving to the national stage. E. by providing numerous arenas for decision making, federalism engages many people in the process of government and helps keep government closer to the people. Answer: C 3. The total number of governmental units in the United States is approximately A. 51. B. 250. C. 1,500. D. 90,000. E. 112,000. Answer: D 4. In this system of government, a constitution vests all governmental power in the central government. A. Federal B. Unitary C. Constitutional D. Socialistic E. Confederation Answer: B 5. ___________________ federalism stresses federalism as a system of intergovernmental relationships in delivering governmental goods and services to the people. A. Dual B. Cooperative C. Marble cake D. Competitive E. Permissive Answer: B 6. This is a form of government in which a constitution distributes authority and powers between a central government and smaller regional governments. A. Anarchism B. Libertarianism C. Democracy D. Federalism E. Unitary system Answer: D 7. National and state governments should NOT interfere with each other’s activities, according to ____________________ federalism. A. dual B. cooperative C. fiscal D. All of the above E. A and B only Answer: A 8. In 1787, federalism was a compromise between centrists, who supported a strong national government, and those who A. favored decentralization. B. wanted power concentrated in Washington, D.C. C. favored creating a unitary system. D. wanted the confederation to continue as it was. E. preferred a constitutional monarchy. Answer: A 9. The text uses the term “federalism” or “federal system” to refer to A. state government. B. state and local government. C. state and national governments. D. national government headquartered in Washington, D. C. E. Washington, D. C. Answer: C 10. An example of “cooperative” federalism would be A. a public policy program that is funded, administered, and determined by a state government. B. a public policy program that is funded, administered, and determined by the national government. C. a public policy program funded by the national government and administered by a state government. D. a public policy program jointly funded, administered, and determined by both the national government and a state government. E. None of the above Answer: D 11. ______________________ implies that although federalism provides a sharing of power and authority between the national and state government, the states’ share rests upon the consent and willingness of the national government. A. Dual federalism B. Cooperative federalism C. Marble cake federalism D. Competitive federalism E. Permissive federalism Answer: E 12. Federalism allows unity without uniformity because A. when one political party loses control of the national government, it is still likely to hold office in a number of states and can continue to challenge the party in power at the national level. B. national politicians and parties do not have to iron out every difference on every issue that divides us; these issues are debated in state legislatures, county courthouses, and city halls. C. if states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government. D. while encouraging experiments in public policy, federalism also provides a training ground for state and local politicians to gain experience before moving to the national stage. E. by providing numerous arenas for decision making, federalism engages many people in the process of government and helps keep government closer to the people. Answer: B 13. Which of the following can be considered evidence to support the idea that federalism provides training for national officials? A. When one political party loses control of the national government, it is still likely to hold office in a number of states and can continue to challenge the party in power at the national level. B. National politicians and parties do not have to iron out every difference on every issue that divides us; these issues are debated in state legislatures, county courthouses, and city halls. C. If states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government. D. Jimmy Carter, Ronald Reagan, Bill Clinton, and George W. Bush served as governors before becoming president of the United States. E. By providing numerous arenas for decision making, federalism engages many people in the process of government and helps keep government closer to the people. Answer: D 14. The National Supremacy Clause is interpreted to mean that A. states may not override national policies. B. only cities may override state policies. C. national policies are only enforceable with the permission of the states. D. state constitutions take precedence over the national Constitution. E. the nation may not override state policies. Answer: A 15. Powers inferred from the express powers that allow Congress to carry out its functions are called A. express powers. B. implied powers. C. inherent powers. D. delegated powers. E. deferred powers. Answer: B 16. The national government has the same authority to deal with other nations as if it were the central government in a unitary system because it has constitutionally A. express powers. B. implied powers. C. inherent powers. D. delegated powers. E. deferred powers. Answer: C 17. Powers reserved to the states include all of the following EXCEPT the power to A. oversee primary and secondary education. B. create post offices. C. conduct elections. D. charter local governments. E. take land for public use. Answer: B 18. The national and state governments share the power to A. regulate trade and interstate commerce. B. oversee primary and secondary education. C. police citizens. D. establish courts. E. establish post offices. Answer: D 19. This clause in the Constitution gives Congress the power to regulate all business activities that cross state lines or affect more than one state. A. Business clause B. Economic clause C. Commerce clause D. Monopoly clause E. State-to-state clause Answer: C 20. State governments have which of the following sets of powers? A. Delegated and reserved B. Reserved and concurrent C. Direct and inherent D. Expressed and implied E. Inherent and implied Answer: B 21. Which clause requires state courts to enforce the civil judgments of the courts of other states and accept their public records and acts as valid? A. Commerce clause B. Judgment clause C. Extradition clause D. Full faith and credit clause E. Privileges and immunities clause Answer: D 22. The process by which an alleged criminal is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed is called A. the full faith and credit clause. B. extradition. C. interstate immunity. D. transfer protocol. E. None of the above Answer: B 23. Interstate compacts usually must be approved by A. Congress. B. the Supreme Court. C. the United Nations. D. the Justice Department. E. interstate agencies. Answer: A 24. The most clearly delegated powers, those actually written in the Constitution, are A. express powers. B. implied powers. C. inherent powers. D. delegated powers. E. supreme powers. Answer: A 25. The federal government of the United States was able to expand its economic power through taxation and a broad interpretation of the ____________________. A. separate but equal doctrine B. commerce clause C. enumerated powers D. supremacy clause E. Connecticut Compromise Answer: B 26. The right of a federal law or regulation to preclude enforcement of a state or local law or regulation is known as A. reserve powers. B. a federal mandate. C. concurrent powers. D. national supremacy. E. preemption. Answer: E 27. Which of the following three groups most likely agree with one another? A. Centralists, states’ rights advocates, Antifederalists B. States’ rights advocates, centralists, contemporary liberals C. Federalists, decentralists, present-day liberals D. Decentralists, states’ rights advocates, Antifederalists E. Antifederalists, social conservatives, centralists Answer: D 28. In the case of McCulloch v. Maryland (1819) what did the Court conclude? A. States could tax the national bank without limit. B. States could tax the national bank, but limits on the amount could be established. C. States could not tax the national bank. D. States could not tax the national bank but counties could. E. States could not tax the national bank but cities could. Answer: C 29. People who favor state or local action rather than national action are called A. centralists. B. individualists. C. lobbyists. D. nationalists E. decentralists. Answer: E 30. Justice _________ set forth the doctrine of national supremacy. A. Daniel Webster B. John Marshall C. William Rehnquist D. Earl Warren E. None of the above Answer: B 31. The Civil Rights Act of 1964 is an example of A. states’ rights. B. judicial review. C. federal preemption. D. divided government. E. a block grant. Answer: C 32. Which of the following former presidents was NOT considered a centralist? A. Ronald Reagan B. Theodore Roosevelt C. Abraham Lincoln D. Franklin Roosevelt E. Bill Clinton Answer: A 33. Centralists believe that the power of the national government is best defined as A. all powers specifically delegated by the Constitution. B. something dependent on whether or not we have a viable third party. C. something only denied when the Constitution clearly prohibits it from acting. D. something dependent on whether or not we have two parties competing for power. E. all power belonging to the states. Answer: C 34. The decentralists’ basic premise is that the Constitution is a A. statement of principles. B. union of people. C. treaty among sovereign states. D. document inspired by God. E. living document Answer: C 35. The basic centralist premise is that the Constitution is a supreme law established by the A. people. B. state. C. Creator. D. Continental Congress. E. founding fathers. Answer: A 36. The case of McCulloch v. Maryland (1819) addressed the issue of A. civil rights. B. judicial review. C. division of power between state and national government. D. division of power between local and state government. E. federal mandates. Answer: C 37. A centralist position has been supported by each of the following presidents EXCEPT A. Theodore Roosevelt. B. Ronald Reagan. C. Franklin Roosevelt. D. Abraham Lincoln. E. Lyndon Johnson. Answer: B 38. The federal courts, especially the Supreme Court, are often called upon to umpire the ongoing debate about which level of government should do what, for whom, and to whom. This role for the courts was claimed in what important case? A. McCulloch v. Maryland B. Marbury v. Madison C. Fletcher v. Peck D. Roe v. Wade E. Mapp v. Ohio Answer: A 39. The three types of federal grants presently being administered are A. block, revenue-sharing, and categorical-formula grants. B. project grants, revenue-sharing, and block grants. C. categorical-formula, block, and research grants. D. revenue-sharing, block, and research grants. E. categorical-formula, block, and project grants. Answer: E 40. Broad grants to states for prescribed activities—welfare, child care, education, social services, preventive health care, and health services—with only a few strings attached are called A. revenue grants. B. project grants. C. categorical-formula grants. D. block grants. E. revenue-sharing grants. Answer: D 41. When the federal government orders state and local governments to act without providing federal funds, it is called A. direct orders. B. cross-cutting requirements. C. crossover sanctions. D. total and partial preemption. E. an unfunded mandate. Answer: E 42. A federal grant that gives a state the right to spend money within a broad category is called a A. project grant. B. block grant. C. community action grant. D. grant-in-aid. E. state grant. Answer: B 43. ____________________ grants are preferred by political conservatives who want to devolve power back to the states. A. Block B. Categorical C. Formula D. Project E. Mandated Answer: A 44. Examples of this kind of grant are those made by the National Science Foundation to universities and research institutes to support the work of scientists and grants Congress makes to state and local governments to support job training and employment programs. A. Revenue grants B. Project grants C. Categorical-formula grants D. Block grants E. Revenue-sharing grants Answer: B 45. When it comes to federal grants, Democrats have consistently favored A. fewer strings, less federal supervision, and delegation of spending discretion to the states. B. more detailed, federally supervised spending. C. more strings, less federal supervision, and federally supervised spending. D. delegation of spending discretion to the states and more federally supervised spending. E. None of the above Answer: B 46. Federal grants serve four purposes, the most important of which is A. to supply state and local governments with revenue. B. to establish minimum national standards for such things as highways and clean air. C. to equalize resources among the states. D. to attack national problems yet minimize the growth of federal agencies. E. to promote the national agenda of the political parties. Answer: D 47. The Unfunded Mandates Reform Act has been A. mostly successful in restraining mandates. B. mostly unsuccessful in restraining mandates. C. mixed in its results. D. used to eliminate mandates altogether. E. used to increase the number of mandates. Answer: D 48. Republicans have consistently favored A. fewer strings, less federal supervision, and delegation of spending discretion to the states. B. more detailed, federally supervised spending. C. more strings, less federal supervision, and federally supervised spending. D. delegation of spending discretion to the states and more federally supervised spending. E. None of the above Answer: A 49. Americans are most loyal to which level of government? A. National B. State C. County D. City E. None—we are pragmatists Answer: E 50. Causes for the growth of the federal government include all of the following EXCEPT A. powerful interests placing demands on the national government. B. the Great Depression stimulating extensive national action on welfare, unemployment, and farm surpluses. C. changing religious values. D. the growth of the national economy. E. the need to regulate the activity of multinational corporations. Answer: C 51. Which of the following is true regarding the politics of federalism with respect to civil rights? A. The Supreme Court’s interpretation of the Constitution provided protection for same-sex marriages. B. Congress passed legislation to provide protection for same-sex marriages. C. The president issued an executive order to provide protection for same-sex marriages. D. Some state court rulings have provided protection for same-sex marriages while other states are passing legislation that would eliminate such protections. E. The Constitution has been amended to provide protection for same-sex marriages. Answer: D True/False Questions 1. Marble cake federalism stresses federalism as a system of intergovernmental relationships in delivering governmental goods and services to the people. Answer: False 2. Constitutionally, the federal system of the United States consists of the national government and the 50 states only. Answer: True 3. Federalism provides a fixed and precise principle for allocating power between the national and state governments. Answer: False 4. Dual federalism is the idea that national, state, and local decision-makers need to work together to solve problems. Answer: False 5. Federalism checks the growth of tyranny because when one political party loses control of the national government, it is still likely to hold office in a number of states and can continue to challenge the party in power at the national level. Answer: True 6. In a unitary system, sovereign nations, through a constitutional compact, create a central government but carefully limit its authority and do NOT give it the power to regulate the conduct of individuals directly. Answer: False 7. Federalism encourages experimentation because if states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government. Answer: True 8. The constitutional base for the implied powers of Congress is the supremacy clause. Answer: False 9. The national government has the same authority to deal with other nations as if it were the central government in a unitary system because it has constitutionally express powers. Answer: False 10. The clause in the Constitution that gives Congress the power to regulate all business activities is called the necessary and proper clause. Answer: False 11. States are prohibited from borrowing money. Answer: False 12. States are NOT required to extradite alleged criminals. Answer: False 13. In the past 15 years, the Supreme Court has signaled that federal courts should be more active in resolving federalism issues. Answer: True 14. The concept of national supremacy is based on the idea that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state, the actions of the federal government prevail. Answer: True 15. Centralism favors state action over national action. Answer: False 16. Preemption refers to the right of a federal law to preclude enforcement of a state law. Answer: True 17. One example of federal law superseding state law is the Voting Rights Act of 1965. Answer: True 18. The belief that federalism will be improved by shifting authority from the national government to the state and local governments is known as devolution revolution. Answer: True 19. To uphold the creation of a national bank, the Supreme Court used the implied national powers doctrine. Answer: True 20. Federal grants attack national problems while minimizing the growth of federal agencies. Answer: True 21. Federal grants are one of Congress’s worst tools for influencing policy at the state and local levels. Answer: False 22. A categorical grant allows the least discretion in determining how money is to be spent. Answer: False 23. The three types of federal grants currently given to states include project grants, block grants, and revenue sharing. Answer: False 24. Project grants are distributed to the states based on population. Answer: False 25. The No Child Left Behind Act must be renewed every five years. Answer: True 26. The formal structures of our federal system have NOT changed much since 1787, but the political realities, especially during the past half century, have greatly altered the way federalism works. Answer: True 27. Entitlement programs such as Social Security and Medicare do NOT have widespread public support. Answer: False 28. Rulings on same-sex marriages and “civil unions” by state courts interpreting their state constitutions have extended more protection for these rights than has the Supreme Court’s interpretation of the U.S. Constitution. Answer: True 29. The national government is likely to retreat to a more passive role in the future. Answer: False 30. American citizens are pragmatists: we appear to prefer federal–state–local power sharing and are prepared to use whatever levels of government are necessary to meet our needs and new challenges. Answer: True Short Answer Questions 1. There are seven different ways that power has been shared in the American federal system. Identify and define four of them. Answer: Four Ways Power is Shared in the American Federal System: • Delegated Powers: Powers specifically granted to the federal government by the Constitution. • Reserved Powers: Powers not granted to the federal government or prohibited to the states, reserved for state governments. • Concurrent Powers: Powers shared by both federal and state governments, such as the power to tax and to establish courts. • Exclusive Powers: Powers that are only granted to either the federal government or state governments, but not both, like coining money (federal) and regulating education (state). 2. Identify and explain three advantages of the federal system. Answer: Three Advantages of the Federal System: • Local Control: Allows states to address local issues effectively and reflect regional preferences. • Flexibility: Enables states to experiment with policies, serving as laboratories for democracy. • Checks and Balances: Prevents any one level of government from becoming too powerful by distributing authority. 3. Identify and explain two disadvantages of the federal system. Answer: Two Disadvantages of the Federal System: • Complexity: Multiple layers of government can create confusion and overlap in responsibilities. • Inequality: Variations in state policies can lead to unequal services and protections across the country. 4. Explain why the national government has the same authority to deal with other nations as if it were the central government in a unitary system. Answer: National Government's Authority with Foreign Nations: • Unified Representation: The Constitution grants the federal government the authority to conduct foreign affairs, ensuring a single, consistent voice and policy, akin to a unitary system. 5. Name and describe three express powers. Answer: Three Express Powers: • Power to Tax: The federal government can levy and collect taxes. • Power to Regulate Interstate Commerce: Authority to regulate trade between states and with foreign nations. • Power to Declare War: Authority to declare war and maintain armed forces. 6. Define the commerce clause and explain the significance of the Gibbons v. Ogden (1824) ruling. Answer: Commerce Clause and Gibbons v. Ogden (1824): • Commerce Clause: Grants Congress the power to regulate interstate and international commerce. • Gibbons v. Ogden: Expanded federal power by interpreting the commerce clause to include navigation, reinforcing the federal government's role in regulating economic activities that cross state lines. 7. What are the reserve powers? Answer: Reserve Powers: • Powers not delegated to the federal government nor prohibited to the states, reserved for state governments. Examples include regulating education and conducting elections. 8. How did the Supreme Court define the division of power between the national and state governments in McCullochv. Maryland (1819)? Answer: McCulloch v. Maryland (1819): • The Supreme Court established that the federal government has implied powers beyond those explicitly listed in the Constitution and that states cannot interfere with or tax federal institutions, reinforcing federal supremacy. 9. Explain why the authority of national judges to review the activities of state and local governments has expanded dramatically in recent decades. Answer: Expansion of National Judges' Authority: • Increased judicial review and broad interpretations of constitutional provisions, including the Commerce Clause and the Supremacy Clause, have led to more federal oversight of state and local actions. 10. Describe what the federal government might subject to preemption. Answer: Federal Preemption: • The federal government may override state laws and regulations if they conflict with federal laws or policies, particularly in areas where federal authority is supreme. 11. Define the term federal mandate and provide one example. Answer: Federal Mandate: • A requirement imposed by the federal government on state or local governments to perform certain actions or meet specific standards. Example: The Americans with Disabilities Act (ADA) requiring accessibility for disabled individuals. 12. Identify two of the four purposes federal grants serve. Answer: Two Purposes of Federal Grants: • Funding for Specific Programs: Support state and local initiatives in areas such as education and healthcare. • Encouraging Policy Uniformity: Promote national policy goals by providing financial incentives for states to adopt certain regulations or practices. 13. Explain the difference between project and categorical-formula grants. Answer: Difference Between Project and Categorical-Formula Grants: • Project Grants: Federal funds awarded based on competitive applications for specific projects or programs. • Categorical-Formula Grants: Funds distributed to states or localities based on formulas, often for specific categories like education or transportation, with conditions attached. 14. Identify two of the four purposes federal grants serve. Answer: Two Purposes of Federal Grants: • Funding Specific Programs: Provide financial support for targeted initiatives like health or education. • Encouraging Uniform Policies: Promote national standards and policies by incentivizing states to adopt certain regulations or practices. 15. Discuss three reasons why power has accrued to the national government over the past two centuries. Answer: Reasons Power Has Accrued to the National Government: • Expansion of Federal Powers: Through necessary and proper clauses and broad interpretations of federal authority. • Economic and Social Changes: Increased need for federal regulation in areas like commerce and civil rights. • Judicial Interpretation: Supreme Court decisions have expanded federal authority and limited state powers. 16. Using the example of same-sex marriages and “civil unions,” explain why the politics of federalism is more complicated than it was in the past. Answer: Complication of Federalism with Same-Sex Marriages and Civil Unions: • Diverse State Laws: Different states have varying laws and policies on same-sex marriages and civil unions, creating a complex legal landscape. • Federal vs. State Authority: The interplay between federal recognition and state legislation complicates the uniformity of rights and benefits. Essay Questions 1. Compare and contrast the seven different interpretations of federalism. Which best describes the current system and why? Answer: 1. Dual Federalism: • Description: Federal and state governments operate in separate spheres of authority with minimal interaction. • Contrast: Emphasizes clear boundaries between federal and state powers. 2. Cooperative Federalism: • Description: Federal and state governments work together on policy issues and share responsibilities. • Contrast: Focuses on collaboration and joint efforts in policy implementation. 3. Creative Federalism: • Description: Federal government provides funds to states for specific programs, often leading to more direct involvement in state policies. • Contrast: Encourages federal control over state functions through grants and mandates. 4. New Federalism: • Description: Aims to return power to the states, emphasizing state control and reducing federal intervention. • Contrast: Advocates for decentralization and increased state authority. 5. Regulated Federalism: • Description: Federal government imposes regulations and standards on states, often through mandates and conditions on grants. • Contrast: Federal government exerts significant influence over state policies. 6. Fiscal Federalism: • Description: Focuses on the financial relationships between federal and state governments, including grants, revenue sharing, and funding formulas. • Contrast: Centers on how financial resources are allocated and used to influence state policies. 7. Competitive Federalism: • Description: States compete with each other to attract businesses and residents, and innovate in policy areas. • Contrast: Emphasizes competition and flexibility among states in policy-making. Best Description of the Current System: • Regulated Federalism and Fiscal Federalism best describe the current system. The federal government exercises considerable influence over state policies through regulations and conditions on grants, while financial interactions between federal and state governments play a crucial role in shaping state policies. 2. Describe four advantages of federalism and provide examples of each. Answer: 1. Local Control: • Advantage: Allows states to address local needs and preferences effectively. • Example: Education policies vary by state, enabling localized approaches to curriculum and standards. 2. Policy Innovation: • Advantage: States can experiment with different policies, leading to innovative solutions. • Example: California's environmental regulations have set benchmarks for other states. 3. Checks and Balances: • Advantage: Distributes power to prevent any one level of government from becoming too powerful. • Example: The federal government’s ability to review state laws and actions ensures adherence to national standards. 4. Flexibility: • Advantage: States can adapt policies to their unique circumstances and changing needs. • Example: Different states have implemented varying approaches to healthcare and welfare programs to suit local populations. 3. What would be the advantages of a unitary system in the United States? What would be the disadvantages? Answer: Advantages: 1. Consistency: A unitary system would provide uniform policies and laws across the entire country, eliminating discrepancies between states. • Example: National standards for education or healthcare could be consistently applied, reducing inequalities between states. 2. Efficiency: Centralized decision-making could lead to more streamlined and coordinated governance, avoiding overlaps and conflicts between state and federal authorities. • Example: Simplified administration of federal programs and policies without needing to navigate state-specific variations. Disadvantages: 1. Loss of Local Autonomy: States and local governments would lose their ability to address regional needs and preferences, leading to one-size-fits-all solutions. • Example: Local communities may have different needs that a central authority might not fully address. 2. Risk of Overcentralization: Concentrating power at the national level could lead to an overbearing federal government and reduce democratic responsiveness. • Example: National leaders might not be as attuned to local issues and concerns, leading to potential disconnects between government policies and local realities. 4. Discuss the constitutional basis for the different types of national and state powers. Answer: 1. Enumerated Powers (National Government): • Description: Powers explicitly granted to the federal government by the Constitution. • Constitutional Basis: Article I, Section 8 lists specific powers, such as the power to tax, regulate commerce, and declare war. 2. Reserved Powers (State Governments): • Description: Powers not specifically granted to the federal government nor prohibited to the states, reserved for state governments. • Constitutional Basis: The Tenth Amendment states that powers not delegated to the federal government are reserved for the states or the people. 3. Concurrent Powers (Shared Powers): • Description: Powers shared by both the federal and state governments, such as the power to tax and to establish courts. • Constitutional Basis: While not explicitly listed, these powers are implied as necessary for the functioning of both levels of government. 4. Exclusive Powers (Federal/State): • Description: Powers exclusive to either the federal government or state governments. • Constitutional Basis: Article I, Section 10 prohibits states from certain actions like coining money, while powers like regulating interstate commerce are reserved for the federal government. 5. Describe and compare the four constitutional pillars of national power. Answer: 1. Enumerated Powers: • Description: Powers explicitly granted to the federal government by the Constitution. • Example: Article I, Section 8 lists powers such as regulating commerce, coining money, and declaring war. • Purpose: Establishes clear authority for the federal government to act in specific areas. 2. Necessary and Proper Clause (Elastic Clause): • Description: Grants Congress the power to make all laws that are necessary and proper to carry out its enumerated powers. • Example: Allows for the creation of institutions like the Bank of the United States. • Purpose: Provides flexibility for the federal government to adapt and legislate in areas not explicitly outlined in the Constitution. 3. Supremacy Clause: • Description: States that the Constitution and federal laws are the supreme law of the land, taking precedence over state laws. • Example: Article VI, Clause 2 ensures federal laws override conflicting state laws. • Purpose: Ensures a uniform legal framework and resolves conflicts between federal and state laws. 4. Judicial Review: • Description: The power of the courts to review and invalidate laws and actions that are unconstitutional. • Example: Established in Marbury v. Madison (1803). • Purpose: Acts as a check on legislative and executive powers, ensuring that all government actions comply with the Constitution. 6. In McCulloch v. Maryland (1819), the Supreme Court had the first of many chances to define the division of power between the national and state governments. Describe the circumstances of this case. Why is this judicial decision important? Answer: Circumstances: • Background: The case arose when the state of Maryland attempted to tax the Second Bank of the United States, which was established by Congress. James McCulloch, a bank officer, refused to pay the tax. • Issue: Maryland argued that Congress did not have the authority to establish the bank under the Constitution, and the tax was a legitimate exercise of state power. Importance of the Decision: • Federal Authority: The Supreme Court, led by Chief Justice John Marshall, upheld the constitutionality of the Bank of the United States, ruling that Congress had implied powers under the Necessary and Proper Clause to create the bank. • State Limits: The Court also ruled that states could not tax federal institutions, reinforcing the Supremacy Clause and limiting state interference with federal operations. • Impact: This landmark decision established the principle of federal supremacy and expanded the scope of federal power, shaping the future balance between national and state governments. 7. Compare and contrast the arguments of decentralists and centralists. Do you consider yourself a decentralist or a centralist? Why? Answer: Decentralists: • Arguments: • Local Autonomy: Advocate for significant state and local control over policy areas, arguing that local governments are better positioned to address specific community needs and preferences. • Limiting Federal Power: Stress the importance of limiting federal authority to prevent overreach and maintain a balance of power, supporting the Tenth Amendment’s principle that powers not delegated to the federal government are reserved for states. • Example: Support for allowing states to set their own education policies or manage healthcare programs independently. Centralists: • Arguments: • National Uniformity: Advocate for a stronger central government to ensure uniform policies and standards across the nation, arguing that federal oversight is necessary to address national issues effectively and equitably. • Efficient Governance: Emphasize that a strong federal government can better manage resources and address issues that cross state boundaries, such as national security or interstate commerce. • Example: Support for federal regulations on environmental protection or national standards for civil rights. Personal Position: • Consideration: Your stance might be influenced by how you view the balance between local needs and national consistency. For example, if you value uniform policies and strong federal oversight in key areas like civil rights or economic regulation, you might lean towards centralism. Conversely, if you prioritize local control and autonomy to address specific community needs, you might identify more with decentralism. 8. Discuss the arguments for and against the repeal of the No Child Left Behind Act. With which do you agree and why? Answer: Arguments for Repeal: • Rigidity and Testing Focus: Critics argue that the Act's emphasis on standardized testing and rigid performance benchmarks led to a narrow focus on test preparation rather than holistic education. • Funding Inequities: The Act is criticized for not addressing disparities in educational funding and resources, leading to inequalities among schools serving different demographics. Arguments Against Repeal: • Accountability and Standards: Supporters argue that the Act helped improve accountability and set higher standards for student achievement, contributing to overall educational improvements. • Focus on Underperforming Schools: The Act aimed to address educational disparities and improve outcomes in underperforming schools, which proponents believe is crucial for equity. Personal Agreement: • Consideration: You might agree with the repeal if you believe the Act’s approach to education was too rigid and did not adequately support diverse educational needs. Conversely, you might support maintaining or modifying it if you value its focus on accountability and standards but believe improvements are needed to address its shortcomings. 9. Analyze the differences between grants and mandates, providing examples of each. Answer: Grants: • Definition: Federal funds provided to state or local governments to support specific programs or projects. • Types: • Categorical Grants: Funds allocated for specific categories or projects with detailed requirements (e.g., education or transportation). • Block Grants: Funds given with fewer restrictions, allowing states more flexibility in how to use the money for broader purposes (e.g., community development). • Example: The Elementary and Secondary Education Act provides categorical grants to schools for specific educational programs and services. Mandates: • Definition: Requirements imposed by the federal government on state or local governments to comply with certain laws or regulations, often without accompanying funding. • Types: • Unfunded Mandates: Require states to implement policies or regulations without providing federal funding to cover the costs (e.g., the Americans with Disabilities Act). • Funded Mandates: Include federal funding to assist states in meeting the requirements (e.g., Medicaid expansion under the Affordable Care Act). • Example: The Clean Air Act mandates states to enforce air quality standards but requires them to absorb the costs of compliance. 10. Identify the five changes in the United States that prompted the growth of the national government and discuss how those changes impact the future of the power of the states and national government. Answer: 1. Industrialization: • Impact: Rapid economic growth and industrialization increased the need for federal regulation of commerce, labor, and economic policies to ensure national stability and fairness. • Future Impact: Continued economic integration and globalization may lead to further federal regulation and oversight in economic and labor issues. 2. Great Depression: • Impact: The economic crisis led to expanded federal intervention through programs like the New Deal to provide relief, recovery, and reform. • Future Impact: The precedent for federal involvement in economic and social welfare programs has led to a broader role for the national government in managing economic crises and providing social services. 3. Civil Rights Movement: • Impact: Federal government stepped in to enforce civil rights laws and ensure equal protection under the law, overriding state-level resistance. • Future Impact: Ongoing federal oversight and enforcement of civil rights protections will likely continue to address disparities and ensure equal treatment. 4. Globalization and National Security: • Impact: Global conflicts and threats have expanded federal powers related to national security, foreign policy, and immigration control. • Future Impact: The need for a coordinated national response to global challenges may further centralize power in the federal government. 5. Technological Advances: • Impact: The rise of digital technology and communication has led to federal regulation in areas such as cybersecurity and privacy, impacting both state and federal jurisdictions. • Future Impact: The need to address emerging technologies and cyber threats may increase federal authority in technology and data regulation, potentially limiting state control. Overall Impact: These changes have generally led to an increase in federal power, with the national government playing a larger role in economic, social, and security issues. States may continue to see a reduction in their autonomy as federal regulations and mandates expand to address national and global challenges. 11. Should the federal government increase its powers or decrease them, leaving more power to the states? What would be the effects of doing what you recommend? Who would benefit? Who might suffer?. Answer: Recommendation: Increase Federal Powers: Effects: 1. Uniformity and Consistency: National standards can be applied more uniformly across states, particularly in areas like environmental protection, civil rights, and healthcare. 2. Addressing National Challenges: A stronger federal government can more effectively address nationwide issues such as economic instability, global threats, and public health crises. Benefits: • National Cohesion: Ensures a unified approach to issues affecting the entire country, reducing disparities between states. • Streamlined Policy Implementation: Facilitates consistent enforcement of laws and regulations across the nation. Potential Downsides: • Reduced State Autonomy: States would have less control over local matters and may struggle to address unique regional needs. • Potential Overreach: Increased federal power might lead to concerns about centralization and diminished local input in governance. Who Might Benefit: • Residents in Underserved Areas: National standards could improve access to services and protections in states with weaker local regulations. • National Coordination Efforts: Federal agencies and programs could operate more efficiently with a unified approach. Who Might Suffer: • States with Different Needs: States with specific needs or preferences might feel their unique circumstances are overlooked. • Local Governments: May lose influence and authority over local issues, leading to dissatisfaction and potential inefficiencies. Decrease Federal Powers: Effects: 1. Increased State Autonomy: States would have greater flexibility to address local issues and tailor policies to their specific needs. 2. Reduced Federal Regulation: Less federal oversight could lead to more diverse approaches to policy and governance across states. Benefits: • Local Control: States could implement policies better suited to their populations, potentially leading to more effective governance. • Innovation: States could experiment with different solutions to problems, fostering innovation in policy. Potential Downsides: • Inconsistency: Differences in state policies could lead to unequal services and protections across the country. • Coordination Challenges: National issues might be less effectively managed without strong federal oversight. Who Might Benefit: • States with Unique Needs: States that have distinct demographic or economic characteristics could benefit from policies designed to fit their specific context. • Local Governments: Increased authority at the state level could enhance their ability to address local concerns. Who Might Suffer: • Residents in Low-Resource States: States with fewer resources might struggle to implement policies effectively, leading to disparities in services and protections. • National Coordination Efforts: Issues requiring a coordinated approach might face challenges if left to individual states. Test Bank for Government by the People David B. Magleby, Paul C. Light, Christine L. Nemacheck 9780205073245, 9780134732831
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