Exam 2

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1. In a federal system, the constitution divides authority between

an executive, a legislative, and a judicial branch

2. A confederation is a form of government best described as

lower-level governments possess primary authority

3. In unitary government systems

the national government monopolizes constitutional authority

4.....better describes the status of local governments

local governments are mere creatures of the state

5. Dual federalism leaves the state and national governments to preside

over mutually exclusive spheres of sovereignty

6. The recognition that the national and state governments jointly supply services to the citizenry is called

shared federalism

7. Shared federalism is characterized by

the increasing power of both state and local governments.

8. This constitutional clause is NOT among those tools employed by federal government in nationalization of public policy

habeas corpus

9. The Seventeenth Amendment, which came about amid persistant and widespread charges of bribery, mandated

the direct and popular election of senators

10. All but the original thirteen states entered the union by an act of Congress and Congress may create new states under

Congress cannot dissolve an established one without its consent

11. The original intent of the Supremecy Clause was to ensure

the Supreme Court had the final say on what is or is not constitutionally permitted

12. The commerce clause, the elastic clause, the supremecy clause, and the Tenth Amendment are all examples of

the enumerated powers of Congress in the Constitution

13.In McCulloch v. Maryland (1819), John Marshall determined that the Supremecy Clause implicitly...

exempted the federal government from state taxes

14. When the Supreme Court ruled in Gibbons v. Ogden that only Congress possessed the authority to regulate interstate commerce, which created

a powerful precedent that allowed future national policy to develop free of the constraints of state government

15. The post-Civil War passage of the Fourteenth Amendment allowed later courts to use its due process clause to

strike down state laws that violated federal rights

16. The passage of the Commercial Motor Vehicle Safety Act, which standardized state driver's licenses for interstate truckers, is an example of the federal government rewriting

regulations to satisfy special interest groups at the expense of good policy for the people as a whole

17. Article IV of the Constitution requires that the national government ensure

that all states adhere to a republican form of government

18. The so-called "elastic clause" of Article I, Section 8, of the Constitution provides that Congress can "make all Laws which shall be ...

... necessary and proper for carrying into Execution" the foregoing enumerated powers.

19. Scholars who argue that the Tenth Amendment—which provides that the powers not taken by the national government belong to the states—is little more than a truism. They point to...

the powerful combination of the supremacy clauses and the elastic clauses to support their argument

20. American federalism is

a two-tiered system comprised of the national government and the state governments

21. The most accurate conception of modern American federalism is referred to

Shared Federalism

22. Franklin Roosevelt's New Deal and Lyndon Johnson's War on Poverty are both examples of the nationalization of policy for

they involved an institutionally unrestrained executive

23. Roosevelt's New Deal

a comprehensive set of economic regulations and relief programs intended to fight the Great Depression

24. In order to justify the New Deal's unprecedented intervention in the economy, the Roosevelt administration invoked

the commerce clause

25. Under the Articles of Confederation each state was free to conduct its own international trade policy, which meant

foreign governments and merchants could exploit competition among the states to negotiate profitable trade agreements

26. Although state officials may frequently complain about the policies of the Environmental Protection Agency....

the presence of national standards tends to insulate environmental protection from cutthroat competition among the states

27. In the nineteenth century the Senate had both the motive and the means to defend state prerogatives against national encroachment because of

state legislatures picked the senators and each state had equal representation in the Senate regardless of population

28. The Tenth Amendment to the Constitution, which provides "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people", by offering an...

an absolute bar to the regulation of handguns by the states

29. The recent Supreme Court case United States v. Lopez and the Court's overturning of the Violence Against Women Act demanded...

the national government to empiracally demostrate how a particular issue falls under the jurisdiction of the federal government under the commerce clause.

30. In the case of McCulloch v. Maryland, Chief Justice John Marshall upheld the right of the national government to create a bank based on

the elastic clause in the Constitution gave the national government the implicit authority to create the bank

31. "Preemption legislation" is

any state law that asserts the state government's prerogative to control public policy in a particular field

32. The difference between categorical grants and block grants is

categorical grants are tied to particular programs, and the policy goals of block grants are more generally stated

33. The use by the national government of crosscutting requirements, crossover sanctions, direct orders, and partial preemption are all examples of

unfunded mandates

34. Police powers are the basis for

interstate commerce

35. The Constitution has a long list of enumerated federal powers, but few state powers are spelled out. This is because

states were designed to be subservient to the federal government.

36. The Tenth Amendment provides for

states' reserve or police powers.

37. A concurrent power of the U.S. federal system is

spending money for the general welfare.

39. A law declaring an act illegal without a judicial trial is called a/an

bill of attainder

40. The clause that ensures that judicial decrees and contracts made in one state will be binding and enforceable in another is called the ________ clause.

full faith and credit

41. ________ contains the privileges and immunities clause.

Article IV

42. Interstate compacts...

can exist only with the consent of the Congress

43. The first major federalism decision by the Marshall Court was

Marbury v. Madison.

44. In McCulloch v. Maryland, the Supreme Court ruled that

Congress had the power to charter a bank due to the necessary and proper clause.

45. "The power to tax is the power to destroy" comes from

McCulloch v. Maryland.

46. The European Union in which the ultimate power to make decisions is held by member states can be considered as a good example of

confederation

47. The term "federal government" is used to refer to

national government headquartered in Washington, D.C.

48. Which historical factor best explains the causes behind the transformation of federalism in the US from to dual to shared.

new inventions in communication and transportation technologies

49. Which developments can not be considered among early examples of the nationalization of public policy?

Environmental Regulations

50. __________ has played an important role in facilitating Transformation from Dual to Shared Federalism

The Supreme Court decisions.

51. The Life tenure of federal judges on the bench is designed to

insulate federal judges from the instability of the public opinion.

52. The Supreme Court ruled in 1857 that slaves were not citizens, but property, in the case

Dred Scott v. Sandford.

53. The nature of federalism was changed forever by

the Civil War

54. The Sixteenth Amendment made the ________ possible.

national income tax

55. The Seventeenth Amendment lessened state power by

instituting the direct election of Senators.

56. The era of dual federalism ended with the

Great Depression

57. Frustrated by the U.S. Supreme Court's opposition to many New Deal programs, Franklin D. Roosevelt proposed

increasing the number of justices from nine to thirteen.

58. Cooperative federalism is characterized by

the increasing power of both state and local governments.

59. Categorical grants

were at the core of Lyndon B. Johnson's Great Society Program.

60. New Federalism was the guiding doctrine of the

Reagan administration.

61. 2008 financial crises made the Federal Power ____.

decline

62. New federalism favors ________ over ________ grants.

block / categorical

63. National laws that direct state or local governments to comply with federal rules or regulations but do not include funds to help defray the costs are called

unfunded mandates

64. One of the problems with the No Child Left Behind Act is

it is an underfunded mandate.

65.The September 11, 2001 terrorist attacks had this impact on federal power.

Federal power increased at first, but declined substantially in subsequent years.

66. ________________ 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.

dual federalism

67. ______________________ conceives of federalism as a mixed set of responsibilities in which all levels of government are engaged in a variety of issues and programs.

marble cake federalism.

68. ___________________ presumes that the power of the federal government is limited in favor of the broad powers reserved to the states.

new federalism

69. The Constitutional base for the implied powers of Congress is

the necessary and proper clause.

70. Powers inferred from the express powers that allow Congress to carry out its functions are called

implied powers

71. Powers reserved to the states include all of the following EXCEPT the power to

create post offices

72. States are prohibited from

making treaties with foreign governments.

73. When individuals charged with crimes have fled from one state to another, the state to which they have fled is to deliver them to the proper officials upon the demand of the executive authority of the state from which they fled. This process is called

extradition

74. Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.

concurrent powers

75. Funds appropriated for specific purposes, such as school lunches or the building of highways or airports, which are subject to detailed federal conditions are called

categorical grants

76. The first and most famous of these is Title VI of the 1964 Civil Rights Act, which holds that in the use of federal funds, no person may be discriminated against on the basis of race, color, or national origin.

Cross-cutting requirements

77. These are 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.

block grants

78. When the federal government orders states and local governments to act without providing federal funds it is called

an unfunded mandate

79. This clause in the Constitution gives Congress the power to regulate all business activities that cross state lines or affect more than one state.

commerce clause

80. These are powers given explicitly to the national government and listed in the Constitution:

delegated

81. Democrats have consistently favored

fewer strings, less federal supervision, delegation of spending discretion to the states.

82. Under Article IV, Section 2, states must extend to citizens of other states the privileges and immunities they grant to their own citizens. This is commonly referred to as the

interstate privileges and immunities clause.

83. A 1984 act reduced federal highway aid by up to 15 percent for any state that failed to adopt a minimum drinking age of 21 is a good example of

crossover sanctions.

84. Causes for the growth of the federal government include all of the following EXCEPT

religious values

85. The attempt to return many functions of government to the state level has been called

a devolution revolution.

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