Exam 3: Federalism and the Separation of Powers
Over the course of American history,how has the Supreme Court interpreted the commerce clause of the Constitution when making decisions concerning the power of the national government relative to state governments?
Early Court decisions affirmed federal supremacy over interstate commerce,provided that Congress did not attempt to regulate workplaces or labor rights..1819: In McCulloch v.Maryland,the Court confirmed that the implied powers of the necessary and proper clause of Article 1,Section 8,included the power to establish a national bank to carry out the mandate of the commerce clause..1824: Gibbons v.Ogden reinforced federal supremacy over interstate trade..1820s-1930s: The Court took a limited view of the commerce clause in cases of regulation of fraud,child labor,working conditions,product safety,or wages because these were "local" matters..1937: In National Labor Relations Board v.Jones & Loughlin Steel Company,the Court upheld the National Labor Relations Act's protection of unionized workers.Subsequent decisions affirmed federal authority to regulate minimum wages,establish the Social Security system,and oversee farming production.After 1937,the Court threw out the old distinction between interstate and intrastate commerce.
Throughout much of the nineteenth century,the Supreme Court continued to strike down laws that it thought exceeded national power by referencing constitutional language contained in the
B
James Madison advocated a complete separation among the branches of government.
False
Citing specific decisions,explain how the Supreme Court has influenced the evolution of federalism in the American system of government.
If a citizen were to sue a state for violating a law passed by Congress,his or her lawsuit would fail because the state could invoke the power of
Two or more states reach a legally binding agreement about how to solve a problem that crosses state lines through
The system of government that prevailed in the United States from the writing of the Constitution to approximately the Great Depression could be most accurately characterized as __________ federalism.
In Brown v.Board of Education (1954),the Supreme Court ruled that schools segregated by race were unconstitutional.In response,some states opposed to desegregation passed laws to prevent the desegregation of schools.However,the Supreme Court again ruled in Cooper v.Aaron (1958) that its 1954 decision was binding on all states,regardless of conflicting state laws.Which clause in the Constitution allowed the Supreme Court to make this 1958 ruling?
Article IV of the U.S.Constitution calls for "full faith and credit," meaning that
Powers not granted to the federal government in the Constitution are reserved to the states or to the people.
The first Supreme Court decision since the New Deal that limited claims of federal authority under the commerce clause was
Which principle,bolstered by the Tenth Amendment,made it difficult for the federal government to address the issue of slavery prior to the Civil War?
Define federalism and explain which issues have traditionally been considered national policy questions,which have traditionally been the responsibility of states,and which have customarily been shared concurrently between federal and state governments.
Describe the historical eras of national and state government relations in the American federal system.
Late in the nineteenth century,when the national government sought to use its power to regulate the economy rather than merely promote economic development,the concept of interstate commerce began to operate more as a
The type of federalism that occurs when the national government actually threatens to withhold grant money unless state and local governments conform to national standards is known as __________ federalism.
After 1937,the Supreme Court threw out the old distinction between interstate and intrastate commerce.
A system of government in which fundamental governmental powers are shared between the federal and state governments and in which the states exercise the most important powers is known as
Local governments have always been mere conveniences of the states.
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