Chapter Three Federalism Multiple Choice 1. Federalism is a system of government in which a. several levels of government exercise power over different bodies of citizens. b. several sovereign states exercise power over the same body of citizens. c. several political units exercise authority over the same body of citizens. d. several political units share and exercise authority over the same body of citizens. e. several different rights are accorded to the national government by states. Answer: d. several political units share and exercise authority over the same body of citizens. 2. The framers of the Constitution chose which form of federalism for America? a. A confederation of states possessing equal power. b. A unitary system in which all of the power is concentrated in the national government. c. A system of shared sovereignty with the national and state government both possessing governmental power. d. A system of dual federalism in which both the state and the national government have equal power. e. A system of funding which freed the states from having the federal government determine how the money would be spent. Answer: c. A system of shared sovereignty with the national and state government both possessing governmental power. 3. A central government with unlimited powers would be an example of a(n) a. unitary system. b. confederate system. c. federal system. d. anarchy. e. binary system of governance. Answer: a. unitary system. 4. The framers rejected all BUT the following system of government: a. the unitary system. b. the confederation system. c. the federalist system. d. the monarchical system. e. the court politics system. Answer: c. the federalist system. 5. Governmental experimentation and innovation a. were invented by Louis D. Brandeis. b. are characteristics of a unitary system. c. are advantages of a federal system. d. are usually failures. e. are disadvantages of a federal system. Answer: c. are advantages of a federal system. 6. The Massachusetts Supreme Judicial Court ruling that same-sex marriages were constitutional in that in 2003, illustrates the concept of a. unitary government. b. shared sovereignty. c. states rights. d. “Defense of Marriage Law.” e. confederation. Answer: c. states rights. 7. One of the advantages of federalism is a. it ensures diversity among policies and programs. b. it preferences the federal government over state government. c. it makes sure laws are consistent between states. d. it makes sure states must do what other states do in the country. e. there are no advantages to the federal system. Answer: a. it ensures diversity among policies and programs. 8. Which of the following is NOT an advantage of the federalism? a. healthy dispersal of power b. diversity in policy and programs c. increases experimentation and innovation d. groups can obstruct national mandates e. it reserves power to the states. Answer: d. groups can obstruct national mandates 9. George W. Bush’s public education reform act that will send billions of dollars to states for education in exchange for tougher testing standards is known as the a. Dollars for Details Act. b. No Child Left Behind Act. c. Educational Reform Act. d. Students Rights Act. e. Educational Improvement Act. Answer: b. No Child Left Behind Act. 10. Federal mandates are a. unconstitutional. b. direct orders from Congress to the states. c. are always funded. d. are never funded. e. never adopted by states. Answer: b. direct orders from Congress to the states. 11. Powers specifically delegated to the national government are referred to as a. delegated powers. b. superior powers. c. mentor powers. d. absolute powers. e. national powers. Answer: a. delegated powers. 12. The textbook defines the fulcrum of powers as a. the interstate commerce clause, the general welfare clause, and the Tenth Amendment. b. the necessary and proper clause, the general welfare clause, and the Tenth Amendment. c. the unitary system, the confederate system, and the federal system. d. the national supremacy clause, the First Amendment, and the Tenth Amendment. e. the First Amendment, Third Amendment and the Fourth Amendment. Answer: a. the interstate commerce clause, the general welfare clause, and the Tenth Amendment. 13. The interstate commerce clause a. allows the states to regulate the transportation of goods within their borders. b. allows states to regulate the sale and manufacture of goods within their borders. c. allows states to regulate the movement of goods across state borders. d. allows states with poor economies to impose tariffs on goods imported from other states. e. allows Congress to regulate the movement of goods across state borders. Answer: e. allows Congress to regulate the movement of goods across state borders. 14. A broad interpretation of the commerce clause a. expands national powers. b. expands state powers. c. discourages states from working with each other. d. encourages states to penalize each other. e. discourages the expansion of national powers. Answer: a. expands national powers. 15. The constitutional basis for the ability of the national government to encourage states to adopt certain policies is a. the national rights clause. b. Article I, section 8. c. the elastic clause. d. the general welfare clause. e. the supremacy clause. Answer: d. the general welfare clause. 16. The ability of the federal government to regulate the racial discrimination practices of restaurants is based on the a. First Amendment. b. Tenth Amendment. c. interstate commerce clause. d. habeas corpus clause. e. the supremacy clause. Answer: c. interstate commerce clause. 17. What did Congress use as the principle constitutional basis for the 1964 Civil Rights Act? a. its power to regulate interstate commerce b. the Tenth Amendment c. the supremacy clause d. the general welfare clause e. habeas corpus clause Answer: a. its power to regulate interstate commerce 18. The primary way the general welfare clause has been used to expand national powers is through the national government a. directing antipoverty programs. b. forcing state governments to operate the antipoverty programs. c. regulating the civil rights policies of state governments. d. giving money to states to operate programs according to national standards. e. controlling the state and local police. Answer: d. giving money to states to operate programs according to national standards. 19. The General Welfare Clause is a good example of a. carrot and stick programs. b. the Triad of Powers. c. the Supremacy Clause d. delegated powers. e. implied powers. Answer: e. implied powers. 20. The “Necessary and Proper Clause” a. allows Congress to collect taxes. b. expands the reach of Congressional powers. c. allows Congress to regulate commerce with foreign nations. d. allows Congress to regulate commerce with states. e. allows Congress to protect state powers. Answer: b. expands the reach of Congressional powers. 21. If state laws conflict with federal laws, the __________ ensures states enforce federal law. a. Supremacy Clause. b. “Necessary and Proper Clause” c. General Welfare Clause d. Interstate Commerce Clause e. Tenth Amendment Answer: a. Supremacy Clause. 22. The congressional power by which it can control state action, using spending programs to encourage states to implement their policy, and the withdrawal of money if they do not, is called a. deposit and withdrawal. b. carrot and stick. c. dog and pony. d. health and welfare. e. give and take. Answer: b. carrot and stick. 23. Powers that are shared by both the national and state governments are called a. recurring powers. b. concurrent powers. c. coincident powers. d. equalizing powers. e. distributive powers. Answer: b. concurrent powers. 24. Which of the following is an example of a reserved power? a. the power to enact local zoning regulations b. the power to set a date for counting electoral college votes c. the power to commission naval officers d. the power to regulate commerce e. the power to tax and spend to construct national highways. Answer: a. the power to enact local zoning regulations 25. Which of the following is an example of police powers? a. the power to issue tickets for traffic violations b. the power to impeach federal judges c. the power to determine the precious metal content of coins d. the power to impound funds e. the power to commission naval officers Answer: a. the power to issue tickets for traffic violations 26. Which of the following is an example of a concurrent power? a. the power to declare war b. the power to coin money c. the power to charter banks d. the power to draw electoral districts e. the power to impound funds. Answer: c. the power to charter banks 27. Which of the following is an example of a delegated power? a. the power to coin money b. the exclusionary rule c. the bill of attainder d. interstate relations e. police powers Answer: a. the power to coin money 28. Which of the following is an example of an implied congressional power? a. the power to create the Federal Reserve b. the authority to coin money c. the power to declare war d. the power to propose amendments to the Constitution e. the power to make treaties Answer: a. the power to create the Federal Reserve 29. Which of the following is an example of an inherent power? a. America’s going to war to defend itself after the terrorist attacks on 9/11. b. the electoral college c. the power to impeach d. the power to ratify treaties e. the power to tax and spend Answer: a. America’s going to war to defend itself after the terrorist attacks on 9/11. 30. How did the Supreme Court regulate federalism between 1877 and 1937? a. It created the idea of “dual federalism,” allowing state powers to frustrate the national government. b. It created the power of “minimal federalism, giving the states very little power. c. It created the power of “judicial federalism, ruling that the Court would supervise the federalism boundaries.” d. It created the notion of “congressional federalism, allowing Congress to set the boundaries of federalism.” e. It created the idea of “regulatory federalism, which allowed the President to supervise federal boundaries.” Answer: a. It created the idea of “dual federalism,” allowing state powers to frustrate the national government. 31. After the 1937 court-packing attempt, the Court’s philosophy of federalism being shared between the national and the state governments became a. concurrent federalism. b. cooperative federalism. c. pre-emptive federalism. d. intermittent federalism. e. commingling federalism Answer: b. cooperative federalism. 32. Justice Louis D. Brandeis was a big proponent of federalism, calling the states a. “vigilantes of democracy.” b. “experimenters of democracy.” c. “proponents of democracy.” d. “defenders of democracy.” e. “Laboratories of democracy.” Answer: e. “Laboratories of democracy.” 33. McCulloch v. Maryland a. ruled in favor of state-centered federalism. b. ruled that slavery was unconstitutional. c. established that the necessary and proper clause gave the national government certain implied’ powers. d. established the right of the Supreme Court to judge constitutional issues. e. rejected the “necessary and proper clause.” Answer: c. established that the necessary and proper clause gave the national government certain implied’ powers. 34. Dual federalism promotes the idea that a. a precise separation of national and state authority is possible and desirable. b. states and the national government are equal in all respects. c. national and state authority are indivisible. d. the Senate and the House of Representatives are equal in their federal authority. e. state law supercedes national law. Answer: a. a precise separation of national and state authority is possible and desirable. 35. The dispute between Thomas Jefferson and Alexander Hamilton over the constitutionality of the national bank exemplifies a. the difficulty the framers had reaching agreement as to whether or not national law would supercede state laws. b. the tariff wars which developed between the states. c. two different visions of the scope of national powers. d. two different visions of the utility of money. e. the denial of certain rights to states and the nation associated with British rule. Answer: c. two different visions of the scope of national powers. 36. Among other holdings, the case of McCulloch v. Maryland a. reaffirmed the power of the states to levy taxes. b. found that the necessary and proper clause in Article I, section 8, of the Constitution did not give Congress the authority to establish a national bank. c. found that the necessary and proper clause in Article I, section 8, of the Constitution did give Congress the authority to establish a national bank. d. reaffirmed the power of the federal government to regulate interstate commerce. e. reaffirmed the rights of states to find national laws null and void. Answer: c. found that the necessary and proper clause in Article I, section 8, of the Constitution did give Congress the authority to establish a national bank. 37. The case of Gibbons v. Ogden (1824) a. clarified the authority of Congress to regulate commerce between two or more states. b. overturned the Supreme Court’s decision in McCulloch v. Maryland. c. expanded state power. d. determined that the states had no role to play in intrastate commerce. e. provided President Franklin Delano Roosevelt with the power to add more members to the Supreme Court. Answer: a. clarified the authority of Congress to regulate commerce between two or more states. 38. The theory of nullification argues that a. a state may declare war to protect its interests. b. a state may refuse to defer to national supremacy. c. Congress has the power to declare a state law null and void. d. the president has the authority to declare a state law null and void. e. determined that the states had no role to play in intrastate commerce. Answer: b. a state may refuse to defer to national supremacy. 39. How did John Marshall interpret the Constitution in Gibbons v. Ogden? a. narrowly b. broadly c. to favor the states d. to favor the military e. to favor citizens Answer: b. broadly 40. The constitutional basis for dual federalism was a. the Twelfth Amendment. b. the commerce clause. c. the necessary and proper clause. d. the Tenth Amendment. e. the necessary and proper clause. Answer: d. the Tenth Amendment. 41. The Great Depression launched the era of a. dual federalism. b. cooperative federalism. c. competitive federalism. d. new federalism. e. new federalism. Answer: b. cooperative federalism. 42. It would appear that the difference between one era of federalism and another is a. meaningless. b. determined by the president. c. determined by Congress. d. the extent of national powers relative to state powers. e. the continued expansion of state powers over time. Answer: d. the extent of national powers relative to state powers. 43. Which of the following was associated with the Depression of the 1930s? a. the Fair Deal b. the Great Society c. the New Deal d. Welfare to Work e. Aid to Families with Dependent Children Answer: c. the New Deal 44. President Franklin Roosevelt’s plan to pack the Supreme Court resulted in a. a broader interpretation of the powers of Congress to regulate interstate commerce. b. the Tenth Amendment being declared unconstitutional. c. the elimination of trade unions. d. his impeachment and removal from office. e. a more restrictive interpretation of the powers of Congress to regulate interstate commerce. Answer: a. a broader interpretation of the powers of Congress to regulate interstate commerce. 45. A consequence of creative federalism was a. a decrease in the size of the federal bureaucracy. b. that Americans began to rely upon state government to resolve their problems. c. that groups which had historically been either neglected or abused by state and local governments continued to be denied access to the policy-making process. d. an increase in the size of the federal bureaucracy. e. to undermine the federal system in the United States. Answer: d. an increase in the size of the federal bureaucracy. 46. The incorporation process a. extended all of the protections of the national Bill of Rights to the states. b. allows states to set their own standards in the area of criminal justice. c. resulted in the national government becoming the primary protector of civil rights. d. nullifies the Tenth Amendment. e. provided for federal money to support federal initiatives at the state level. Answer: c. resulted in the national government becoming the primary protector of civil rights. 47. A grant-in-aid is a. money loaned to the Supreme Court by the president. b. federal money given to the states with the stipulation that they abide by certain requirements. c. a public policy designed to curb alcohol consumption. d. money given to the national government by the states. e. money provided to Congress through the federal budget. Answer: b. federal money given to the states with the stipulation that they abide by certain requirements. 48. There are various types of grants-in-aid. Which of the following usually requires matching funds? a. formula grants b. block grants c. categorical grants d. conditional grants e. provisional grants Answer: c. categorical grants 49. Formula grants are federal monies a. allocated to states based on a prescribed legislative distribution formula. b. distributed for specific purposes after a fairly competitive application process. c. used at the discretion of the recipient government. d. used to address specific purposes, usually with strict rules attached. e. used to induce states to implement policies in accordance with federally mandated guidelines. Answer: a. allocated to states based on a prescribed legislative distribution formula. 50. A project grant is often referred to as a discretionary grant because a. the number of such grants varies widely from one year to the next. b. they are distributed with strings attached. c. the application process is lengthy and very complex. d. these grants are seldom approved. e. they are distributed at the discretion of a designated legislator or administrator. Answer: e. they are distributed at the discretion of a designated legislator or administrator. 51. National grants to states and localities have __________ for the last decade. a. been sharply decreasing b. remained stagnant c. been rising steadily d. been frequently denied e. been more competitive Answer: c. been rising steadily 52. Block grants were created by President a. Abraham Lincoln. b. Lyndon Johnson. c. John Kennedy. d. Dwight Eisenhower. e. Harry S. Truman. Answer: b. Lyndon Johnson. 53. The most obvious consequence of federal grants has been a. an expansion of national powers. b. an expansion of state powers. c. a devolution revolution. d. uniform drug laws. e. increased levels of employment. Answer: a. an expansion of national powers. 54. President Obama began following a system of __________ federalism, following Louis D. Brandeis’s notion of the “laboratories of democracy” by leaving it to state governments to innovate in areas such as environmental protection and business reform. a. new b. cooperative c. combative d. dual e. progressive Answer: e. progressive 55. After the Civil War, the prevailing view of federalism was one of _______ federalism. a. new b. cooperative c. creative d. dual e. progressive Answer: d. dual 56. Which of the following Presidents put an end to dual federalism? a. Andrew Jackson b. James Polk c. Calvin Coolidge d. Herbert Hoover e. Franklin Delano Roosevelt Answer: e. Franklin Delano Roosevelt 57. __________ federalism is an initiative that expanded the concept of the partnership between the national government and the states under President Lyndon Johnson in the 1960s. a. Creative b. Cooperative c. New d. Dual e. Progressive Answer: a. Creative 58. The Supreme Court ruled that certain guarantees in the Bill of Rights are part of the due process right guaranteed by the Fourteenth Amendment against state government intrusion. This process was called the ________ of the Bill of Rights. a. devolution b. incorporation c. federalization d. entitlement e. formulation Answer: b. incorporation 59. The devolution revolution is a term, which signifies the shift in policy-making responsibility to __________. a. House of Representatives b. Senate c. Supreme Court d. President e. states. Answer: e. states. 60. What type of an agenda was George W. Bush hoping to promote? a. federal b. states’ rights c. multinational d. improve relations between the states e. centralize control in the federal government Answer: b. states’ rights 61. In general, debates about federalism a. are ideological, with liberals wanting more central government and traditional conservatives more state or private actions. b. are empty of any substantive political value. c. reveal that very little actually separates liberal Democrats and conservative Republicans on the role of government. d. are seldom influenced by party affiliation. e. by lack of interest in policy. Answer: a. are ideological, with liberals wanting more central government and traditional conservatives more state or private actions. 62. The addition of Judge Sonia Sotomayor to the Roberts Court will likely have what effect on federalism policy in America? a. It will tip toward the states. b. It will tip toward the federal government. c. It will create a better balance between the federal government and the states. d. It will have no effect, but will mirror David Souter’s opinions. e. It will have little effect but will mirror John Roberts opinions. Answer: d. It will have no effect, but will mirror David Souter’s opinions. 63. Which of these presidents has been least interested in expanding national spending? a. Lyndon Johnson. b. Bill Clinton. c. George H. W. Bush. d. Ronald Reagan. e. Barack Obama Answer: d. Ronald Reagan. 64. The process of the national government claiming a power and preventing the states from acting in that area under the supremacy clause is called a. acquisition. b. attribution. c. contraction. d. allowance. e. pre-emption. Answer: e. pre-emption. True or False 65. In Federalist no. 10, James Madison discusses the advantages of a unitary system over a confederate system. Answer: False 66. Ohio has banned same-sex marriages. Answer: True 67. Federalism has few advantages. Answer: False 68. The major difference between national power and states rights is that the national government offers a uniform policy while the many state policies offer diverse policies. Answer: True 69. Unfunded federal mandates allow the national government to control policy while shifting the financial burden to the states. Answer: True 70. The full faith and credit guarantee is one of many Constitutional powers promoting federalism. Answer: False 71. The Tenth Amendment preserves the following state police powers: health, morals and public welfare. Answer: True 72. The supremacy clause, by giving the laws of the federal government predominance over the States in the event of an overlap or conflict, does not support the idea of federalism. Answer: False 73. An unfunded federal mandate is when the federal government passes a law requiring the state to act but does not provide the money for that policy. Answer: True 74. Congress has used the commerce clause to establish uniform policies in a number of issue areas. Answer: True 75. The Tenth Amendment reserves to the national government powers not delegated to the states. Answer: False 76. The general welfare clause may be found in Article III, section 9, of the Constitution. Answer: False 77. Delegated powers are those specifically assigned to the states. Answer: False 78. Implied powers are not articulated in the Constitution. Answer: True 79. Police powers are among those reserved to the states. Answer: True 80. An example of a concurrent power would be the authority to coin money. Answer: False 81. The inherent powers do appear in the Constitution. Answer: False 82. In 2004, the federal government adopted a “defense of marriage” law. Answer: True 83. The United States Supreme Court has established that same-sex marriages are constitutional. Answer: False 84. The Constitution prohibits both the national and state governments from passing ex post facto laws. Answer: True 85. The Supreme Court’s decision in the case of Gibbons v. Ogden (1824) held that the regulation of interstate commerce was not a concurrent power. Answer: True 86. During the era of dual federalism the national government had absolute control over all forms of commercial activity. Answer: False 87. The Supreme Court’s decision in Hammer v. Dagenhart overturned the Taft-Hartley Act. Answer: False 88. President Roosevelt’s New Deal programs greatly increased the size of the federal bureaucracy. Answer: True 89. The 1937 case of National Labor Relations Board v. Jones and Laughlin Steel represented a new understanding of federalism on the part of the Supreme Court. Answer: True 90. The New Deal ushered in a new era in the federal relationship, one of cooperation between the national and state governments. Answer: True 91. During the era of cooperative federalism many social programs were funded by the national government, yet administered by the state governments according to national guidelines. Answer: True 92. The 1976 case of National League of Cities v. Usery was affirmed by the case of Garcia v. San Antonio Metropolitan Transit Authority (1985). Answer: False 93. The system of cooperative federalism began during the First World War. Answer: False 94. The Scottsboro case, and Reynolds v. Sims (1964) are both illustrations of the incorporation process. Answer: True 95. Block grants are the most common type of federal grant and are given for specific purposes. Answer: False 96. Brown v. Board of Education of Topeka in 1954 upheld separate but equal educational facilities. Answer: False 97. A grant-in-aid is money paid to the states to encourage them to implement certain policies in accordance with federal guidelines. Answer: True 98. There are four types of categorical grants: formula grants, project grants, formula/project grants, and mass grants. Answer: False 99. A project grant may only be used for specific purposes. Answer: True 100. Project grants were created specifically for highway construction. Answer: False 101. Block grants allow states more spending discretion than other forms of federal grants. Answer: True 102. In 1966, President Lyndon Johnson created block grants. Answer: True 103. The debate over federalism and the proper balance of power between national and state governments is ongoing. Answer: True 104. In the 1960s, President Lyndon B. Johnson launched his War on Poverty program. Answer: True 105. In McCulloch v. Maryland, the meaning of the elastic clause was interpreted by the Supreme Court. Answer: True 106. The case of Gibbons v. Ogden affected federalism by ruling that the state government has the power to regulate anything that affects interstate commerce. Answer: False 107. Nullification is defined as the claimed power of states and localities to ignore and even disobey national laws. Answer: True 108. Incorporation is the doctrine extending the Bill of Rights protections to the states. Answer: True 109. Since 1985, the Supreme Court’s approach to federalism has been to increase states rights and diminish federal power. Answer: False Essay Questions 110. Define federalism. In addition, explain the difference between a unitary type of government and a confederation system of government. Answer: Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. Both the central government and the constituent units have the power to make laws and govern, and neither can unilaterally change the arrangement. Examples of federalist systems include the United States, Canada, Australia, and Germany. In a unitary type of government, power is centralized in the central government, which delegates authority to subnational governments. The central government can unilaterally change or abolish subnational governments. Examples of unitary systems include France, Japan, and the United Kingdom. In a confederation system of government, power is held by independent states or provinces that delegate limited authority to a central government. The central government in a confederation is generally weaker than the constituent states or provinces, and they can unilaterally secede or withdraw from the confederation. An example of a historical confederation is the Confederate States of America during the American Civil War. 111. Discuss the advantages and disadvantages of federalism. Answer: Federalism, as a form of governance, offers several advantages and disadvantages: Advantages: 1. Decentralization of Power: Federalism allows for the distribution of power between the central government and state or provincial governments. This decentralization can lead to more efficient government as decisions can be made at a level closer to the people they affect. 2. Tailored Governance: Different regions within a country may have varying needs and preferences. Federalism allows for the adaptation of policies to suit the specific needs of different regions, promoting local autonomy and diversity. 3. Checks and Balances: The division of power between different levels of government serves as a system of checks and balances. This can prevent the concentration of power in one entity and reduce the risk of authoritarianism or abuse of power. 4. Experimentation and Innovation: Under federalism, individual states or provinces can experiment with new policies and programs. Successful experiments can then be adopted by other states or at the national level, fostering innovation and progress. Disadvantages: 1. Duplication of Effort: Federal systems can lead to duplication of government services and programs at different levels, which can be inefficient and costly. 2. Inconsistency: Different states or provinces within a federal system may have conflicting laws or policies, leading to inconsistencies and confusion, especially in areas such as commerce and transportation. 3. Potential for Disunity: Federal systems can sometimes lead to tensions and conflicts between the central government and subnational governments, especially if there are disagreements over the division of powers or resources. 4. Inequality: In some cases, federalism can exacerbate inequalities between regions, as wealthier regions may have more resources to devote to their local governments, leading to disparities in services and infrastructure. Overall, while federalism offers several advantages, such as decentralization and tailored governance, it also has its drawbacks, including the potential for inefficiency and inconsistency. The effectiveness of federalism depends on how well it is implemented and managed within a particular country. 112. Comment on how the interstate commerce clause has affected the national government. Answer: 1. Expansion of Federal Authority: The clause has broadly empowered Congress to regulate not only the physical movement of goods but also activities impacting interstate commerce, expanding federal authority. 2. Uniform Regulation: It ensures consistency in regulations across states, preventing conflicting laws that could hinder interstate trade. 3. Economic Growth: By facilitating trade among states, the clause has fostered economic development and created a more integrated national economy. 4. Limitation on State Powers: States are restricted from passing laws that excessively burden interstate commerce, ensuring fair competition among businesses. Overall, the clause has significantly influenced the national government by empowering Congress to regulate interstate commerce, leading to economic growth and uniformity in regulations. 113. Describe and discuss how the Constitution divides power between the national government and the states. Answer: The Constitution divides power between the national government and the states through a system known as federalism. This division of power is outlined in several ways: 1. Enumerated Powers: The Constitution grants specific powers to the federal government, such as the power to regulate interstate commerce, declare war, and coin money. These powers are listed in Article I, Section 8 of the Constitution and are known as enumerated powers. 2. Reserved Powers: Powers not granted to the federal government are reserved for the states or the people, as stated in the Tenth Amendment. These reserved powers include the power to regulate intrastate commerce, conduct elections, and establish local governments. 3. Concurrent Powers: Some powers are shared by both the federal government and the states, such as the power to tax, build roads, and establish courts. This allows for cooperation between the two levels of government. 4. Supremacy Clause: The Constitution establishes that federal law is the supreme law of the land, meaning that federal laws and the Constitution itself take precedence over state laws and constitutions. This ensures uniformity in areas where the federal government has authority. 5. Federalism in Action: In practice, federalism allows for a division of labor between the national government and the states, with each level of government focusing on different issues based on their respective powers. For example, while the federal government handles foreign policy and national defense, states manage education, transportation, and criminal justice. Overall, the Constitution divides power between the national government and the states to create a system of federalism that balances centralized authority with state autonomy. This division of power helps prevent the concentration of power in any one entity and allows for a more responsive government that can address the diverse needs of the country. 114. What is the significance of the Supreme Court’s decision in the case of McCulloch v. Maryland? Answer: The Supreme Court's decision in McCulloch v. Maryland (1819) was significant because it established several key principles regarding the relationship between the federal government and the states: 1. Supremacy of Federal Law: The Court ruled that the Constitution grants certain implied powers to the federal government, such as the power to create a national bank. It held that when state law conflicts with federal law, federal law prevails, emphasizing the supremacy of federal law over state law. 2. Necessary and Proper Clause: The Court interpreted the Necessary and Proper Clause (Article I, Section 8, Clause 18) broadly, stating that Congress has the authority to take actions that are necessary and proper to carry out its enumerated powers. This expanded the scope of federal power. 3. Limits on State Power: The Court also ruled that states cannot impede the functioning of the federal government or its agencies. In this case, Maryland had attempted to tax the Second Bank of the United States, which the Court deemed unconstitutional because it interfered with a federal institution. 4. Federalism: The decision reinforced the principles of federalism by delineating the boundaries between federal and state authority. It clarified that while states retain certain powers, the federal government is supreme in matters within its constitutional authority. Overall, the McCulloch v. Maryland decision affirmed the supremacy of federal law, expanded the implied powers of Congress, and established important principles regarding the division of powers between the federal government and the states. 115. What is the significance of the Supreme Court’s decision in the case of Gibbons v. Ogden? Answer: The Supreme Court's decision in Gibbons v. Ogden (1824) was significant because it clarified the scope of the federal government's power to regulate interstate commerce under the Commerce Clause of the Constitution. The case involved a dispute over steamboat licenses between two individuals operating in waters between New York and New Jersey. The Court's ruling had several key implications: 1. Broad Definition of Interstate Commerce: The Court defined interstate commerce broadly to include not just the buying and selling of goods, but also any commercial activity that crosses state lines. This interpretation expanded the scope of federal authority over economic activities that affect multiple states. 2. Supremacy of Federal Law: The decision reaffirmed the principle that federal law supersedes state law in matters of interstate commerce. It held that states cannot enact laws that interfere with or regulate interstate commerce, as this falls within the exclusive jurisdiction of Congress. 3. Promotion of National Unity: By asserting federal authority over interstate commerce, the Court helped promote national unity and economic integration. It ensured that trade and commerce between states would not be impeded by conflicting state regulations. 4. Limitation on State Powers: The ruling limited the powers of states to regulate commerce, establishing that states could only regulate intrastate commerce, or commerce within their own borders. Overall, the Gibbons v. Ogden decision was significant in shaping the interpretation of the Commerce Clause and the division of powers between the federal government and the states. It established a precedent for federal authority in regulating interstate commerce, which has had lasting implications for the balance of power in the United States. 116. Explain dual federalism. Answer: Dual federalism, also known as "layer cake federalism," is a concept of federalism in which the responsibilities and powers of the federal government and state governments are clearly separated. In this model, each level of government operates within its own sphere of authority, with little overlap or interaction. Key features of dual federalism include: 1. Clear Division of Powers: Under dual federalism, there is a clear division of powers between the federal government and state governments as outlined in the Constitution. The federal government is responsible for issues such as national defense, foreign policy, and interstate commerce, while states are responsible for issues such as education, transportation, and local law enforcement. 2. Limited Role of the Federal Government: In the dual federalism model, the role of the federal government is limited to those powers explicitly granted to it by the Constitution. The federal government is expected to refrain from encroaching on areas of authority reserved for the states. 3. Emphasis on State Sovereignty: Dual federalism emphasizes the sovereignty of individual states within the federal system. States are seen as independent entities with their own powers and responsibilities, separate from the federal government. 4. Legalistic Interpretation of the Constitution: Proponents of dual federalism argue for a strict, textual interpretation of the Constitution, limiting the powers of the federal government to those explicitly granted by the document. Dual federalism was a dominant model of federalism in the United States during the early 19th century and lasted until the mid-20th century. It began to decline with the expansion of federal government powers during the New Deal era and the subsequent shift towards cooperative federalism, where the federal government and state governments work together on shared policy goals. 117. Define and discuss the various types of federal grants. What are the advantages and disadvantages of federal grants and mandates? Answer: Federal grants are financial assistance provided by the federal government to state and local governments, institutions, and individuals for a variety of purposes. There are several types of federal grants, each with its own characteristics and purposes: 1. Categorical Grants: These grants are provided for specific purposes and often come with strict guidelines on how the funds can be used. Examples include grants for education, transportation, and health care. 2. Block Grants: Block grants are given to states or local governments to support broad programs, such as community development or social services. Unlike categorical grants, block grants provide more flexibility in how the funds are spent. 3. Project Grants: Project grants are awarded based on a competitive application process and are typically used to fund specific projects or initiatives, such as research or infrastructure development. 4. Formula Grants: Formula grants distribute funds based on a predetermined formula, which may take into account factors such as population size, income levels, or specific needs of the recipient. Advantages of Federal Grants: • Financial Support: Federal grants provide much-needed financial assistance to state and local governments, helping them fund programs and services that they might not be able to afford otherwise. • Standardization: Grants can help standardize programs and services across different states and localities, ensuring a minimum level of service quality and consistency. • Innovation: Grants can encourage innovation and experimentation as states and localities develop new approaches to addressing complex issues. Disadvantages of Federal Grants: • Bureaucratic Requirements: Federal grants often come with stringent reporting and compliance requirements, which can be burdensome and time-consuming for recipients. • Lack of Flexibility: Some grants may restrict how funds can be used, limiting the ability of states and localities to address their unique needs and priorities. • Dependency: Reliance on federal grants can lead to dependency on federal funding, making states and localities vulnerable to changes in federal priorities or funding levels. In addition to federal grants, federal mandates are requirements imposed by the federal government on states and localities as a condition of receiving federal funds. Mandates can help ensure compliance with federal laws and regulations, but they can also be controversial due to concerns about unfunded mandates and infringement on state and local autonomy. 118. Discuss how modern presidents have used federal grants to tailor the relationship between the central and state governments. Answer: Modern presidents have used federal grants as a tool to shape the relationship between the central and state governments in several ways: 1. Policy Priorities: Presidents use federal grants to advance their policy priorities. By directing funding towards specific areas, such as education, infrastructure, or healthcare, presidents can influence state and local policies and practices in line with their agenda. 2. Incentives and Requirements: Federal grants often come with incentives or requirements that encourage states to adopt certain policies or practices. For example, grants may be tied to the implementation of specific reforms or the achievement of certain outcomes. 3. Flexibility and Innovation: Some presidents have promoted the use of block grants, which provide states with more flexibility in how they use federal funds. This approach allows states to innovate and tailor programs to meet their specific needs, while still receiving federal support. 4. Partnership and Cooperation: Presidents use federal grants to foster partnership and cooperation between the central and state governments. By working together on shared goals, such as economic development or public health, both levels of government can achieve better outcomes. Overall, modern presidents have used federal grants strategically to shape the relationship between the central and state governments, promoting their policy priorities, incentivizing certain behaviors, and fostering cooperation and innovation. 119. Discuss the role of the Supreme Court in the evolution of federalism. Answer: The role of the Supreme Court in the evolution of federalism in the United States has been significant, as the Court has often been tasked with interpreting the Constitution and clarifying the division of powers between the federal government and the states. Several key cases have shaped the understanding of federalism over time: 1. McCulloch v. Maryland (1819): This case established the principle of national supremacy by upholding the constitutionality of the Bank of the United States and asserting that states cannot tax or interfere with the operations of the federal government. 2. Gibbons v. Ogden (1824): This case expanded the scope of federal power by broadly interpreting the Commerce Clause, giving the federal government authority over interstate commerce and limiting the ability of states to regulate it. 3. Cooper v. Aaron (1958): In this case, the Court asserted the supremacy of federal law over state law, particularly in matters of racial integration in schools, emphasizing the role of the Court in enforcing federal constitutional rights. 4. National Federation of Independent Business v. Sebelius (2012): This case upheld the Affordable Care Act's individual mandate under Congress’s taxing power, illustrating the Court’s role in interpreting the limits of federal authority and the scope of federalism. 5. South Dakota v. Wayfair, Inc. (2018): This case allowed states to collect sales tax from online retailers, even if they do not have a physical presence in the state, demonstrating the Court’s role in balancing state and federal interests in matters of taxation and commerce. Overall, the Supreme Court has played a crucial role in defining the balance of power between the federal government and the states, shaping the evolution of federalism in the United States. 120. Discuss what federalism will look like in the 21st century. Answer: Federalism in the 21st century is likely to continue evolving in response to the changing dynamics of society, technology, and governance. Several trends and challenges are expected to shape the future of federalism: 1. Decentralization vs. Centralization: There may be ongoing debates over the appropriate balance between centralization and decentralization of power. Factors such as globalization, technological advancements, and the need for coordinated responses to global challenges like climate change and pandemics may push for more centralized approaches. On the other hand, there may be continued efforts to empower local governments and communities to address unique local needs and preferences. 2. Digital Federalism: The digital age presents new challenges for federalism, particularly regarding data privacy, cybersecurity, and the regulation of emerging technologies like artificial intelligence. The division of regulatory authority between the federal government and states will be a key issue in shaping the digital landscape. 3. Political Polarization: Increasing political polarization could impact federalism by influencing the balance of power between the federal government and states. Partisan differences may lead to shifts in policy preferences regarding issues such as healthcare, immigration, and environmental regulation, affecting the division of authority between federal and state governments. 4. Environmental Federalism: As environmental challenges become more pressing, there may be a greater emphasis on environmental federalism, where federal, state, and local governments collaborate to address issues such as climate change, pollution, and natural resource management. This could involve the development of new forms of intergovernmental cooperation and coordination. 5. Globalization and International Relations: Globalization will continue to influence federalism, with states increasingly engaging in international relations and global governance. This may lead to tensions between state sovereignty and international obligations, requiring new forms of cooperation and coordination between federal and state governments. Overall, the future of federalism in the 21st century is likely to be shaped by a complex interplay of factors, including technological advancements, political dynamics, and global challenges. Adaptation to these changes will require ongoing dialogue and cooperation between federal, state, and local governments to ensure an effective and responsive system of governance. Test Bank for Approaching Democracy Larry A Berman, Bruce Allen Murphy 9780205903825
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