Deck 3: Federalism

Question 1

“To uphold the Government's contentions here, we would have to pile inference upon inference in a manner that would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States. Admittedly, some of our prior cases have taken long steps down that road, giving great deference to congressional action…. The broad language in these opinions has suggested the possibility of additional expansion, but we decline here to proceed any further. To do so would require us to conclude that the Constitution's enumeration of powers does not presuppose something not enumerated… and that there never will be a distinction between what is truly national and what is truly local... This we are unwilling to do.”
--Chief Justice William Rehnquist, United States v. Lopez, 1995

-Which of the following cases involved the same constitutional principle as United States v.Lopez?

A)Gibbons v.Ogden
B)Roe v.Wade
C)Brown v.Board of Education-Consider This: Brown v.Education involved civil rights in public education,as opposed to issues of banking and finance typically associated with the commerce clause.
D)Marbury v.Madison

Answer 1

Gibbons v.Ogden

Question 2

Fiscal Federalism: The size of the public sector Source: Office of Management and Budget,Budget of the United States Government,Fiscal Year 2017: Historical Tables (Washington,DC: U.S.Government Printing Office,2016),Table 14.3.

-Which of the following statements about federalism is true based on the graph?

A)The federal government's power has grown significantly relative to the states.-Consider This: Though the federal government takes on more responsibility in times of crisis,the relationship between state and federal responsibilities has remained relatively stable.
B)State governments are at the mercy of the federal government to secure funds.
C)Federal and state governments carry out their own function and responsibilities.
D)State power has supplanted federal power as dominant in the United States.

Answer 2

Federal and state governments carry out their own function and responsibilities.

Question 3

Questions 4 and 5 refer to the following graph.
Fiscal Federalism: Federal grants to state and local governments. Source: Office of Management and Budget,Budget of the United States Government,Fiscal Year
2017: Historical Tables (Washington,DC: U.S.Government Printing Office,2016),Tables
12.1 and 12.2.
Based on the graph,which of the following saw the largest increase in federal grants between 2007 and 2017?

A)transportation-Consider This: Grants for transportation remained relatively stable over the course of this decade.
B)education
C)health
D)income security

Answer 3

C

Question 4

How does federalism contribute to democracy?

A)It increases citizens' access to government.
B)It increases the gross domestic product.
C)It lowers voter turnout.-Consider This: Federalism typically increases voter turnout and participatory levels in government.
D)It lowers overall tax rates.

Question 5

“If the States may tax one instrument, employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. . . .
The Court has bestowed on this subject its most deliberate consideration. The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government. This is, we think, the unavoidable consequence of that supremacy which the constitution has declared.”
—Chief Justice John Marshall, McCulloch v. Maryland, 1819

-Why was McCulloch v.Maryland a landmark federalism case?

A)It gave the federal government power over the nation's financial institutions.
B)It ruled that taxation was an enumerated,rather than a concurrent power.-Consider This: States continued to have the power to tax; they simply couldn't tax the federal government.
C)It reinforced the idea of national supremacy,altering the relationship between federal and state governments.
D)It made Congress the most powerful political entity in the nation.

Question 6

Questions 13 and 14 refer to the following graph.
Fiscal Federalism: The size of the public sector Source: Office of Management and Budget,Budget of the United States Government,Fiscal Year 2017: Historical Tables (Washington,DC: U.S.Government Printing Office,2016),Table 14.3.
Based on the graph,how do federal and state government spending differ?

A)federal spending has decreased since World War II while state spending has not-Consider This: Though federal spending has remained relatively stable,it has increased since World War II.
B)federal spending increases during national crises more so than state spending
C)federal spending represents a lower portion of total government spending
D)federal spending has increased sharply and state spending has not

Question 7

Credit: A 1949 Herblock Cartoon,The Herb Block Foundation

-Based on the cartoon,what is the relationship between federal funds and state autonomy?

A)State autonomy is completely lost when federal funds are involved.
B)The federal government assumes all states' debts to ensure its international credit rating.-Consider This: This was Alexander Hamilton's plan to build the United States' credit in the Washington administration.
C)Federal involvement accompanies federal funds.
D)States can use federal grant money in any way they choose.

Question 8

In which system do local and regional governments derive authority from the national government?

A)unitary
B)bicameral
C)confederate-Consider this: In a confederate system,the national government derives its authority from the sovereign states.
D)federal

Question 9

In which of the following are powers shared by the federal and state governments in a marble-cake fashion?

A)cooperative federalism
B)constitutional government-Consider This: While some constitutions require sharing power amongst the different layers of government,some,like Germany for example,concentrate power primarily at the national level.
C)a federal government system
D)unified government

Question 10

Questions 6 and 7 refer to the image. Credit: A 1949 Herblock Cartoon,©The Herb Block Foundation
According to the cartoon,what do states want from the federal government?

A)federal authority over state matters
B)federal financial assistance
C)complete separation between the two entities-Consider This: States' rights have always been a contentious issue in the U.S.,but the ties between states and the federal government prevent them from being completely separate except for extreme circumstances.
D)cooperation on all governmental matters

Question 11

Questions 8 and 9 refer to the following map.
State and local spending on public education. Source: U.S.Department of Commerce,United States Census Bureau,Public Education
Finances: 2013.The data are for 2013.
Based on the map,which region of the U.S.spends the most on public education?

A)the West
B)the Rockies-Consider This: States in the Rocky Mountain region spend less on education than most other areas of the country.
C)the Northeast
D)the South

Question 12

What are the two types of federal powers derived from Article I,section 8 of the U.S.Constitution?

A)enumerated; implied
B)enumerated; suggested-Consider This: While individuals have frequented suggested new rights to the Supreme Court,the Court has never formally adopted a suggested right - instead preferring to carve out new rights from constitutional sources.
C)disguised; explicit
D)suggested; explicit

Question 13

According to Article VI of the U.S.Constitution,in conflicts between federal and state law federal law is __________.

A)illustrative
B)dissuasive
C)secondary-Consider This: During the Obama presidency,we've witnessed an increase in conflicts between the national and state governments with the national government typically prevailing.
D)supreme

Question 14

State and local spending on public education. Source: U.S.Department of Commerce,United States Census Bureau,Public Education
Finances: 2013.The data are for 2013.

-Which of the following statements about federalism does the map illustrate?

A)Diversity in policy creates stark differences between states and regions of the U.S.
B)Under federalism people in different states have equal access to services.-Consider This: States are responsible for health,safety,and welfare; different states will administer those services in the ways they believe are best for their citizens.
C)States take advantage of the power to make decisions independently.
D)The federal government ensures that people in every state are treated equally.

Question 15

Questions 15 and 16 refer to the following image. Credit: © chungking/Fotolia
Which of the following is a benefit of this system?

A)shared administration
B)state autonomy
C)unrestricted federal funds-Consider This: Most federal grants to states are accompanied by guidelines on how those funds can be used.
D)increased congressional power

Question 16

Questions 15 and 16 refer to the following image. Credit: © chungking/Fotolia
Under which system does the federal government make policy in areas that are primarily state responsibilities,like that in the photo?

A)cooperative federalism
B)constitutional government
C)a federal government system
D)unified government-Consider This: While unified government is frequently credited with expanding the role of the national government,the reality is that growth varies from administration-to-administration and depending on party in charge does not always impact education and/or transportation.

Question 17

Which amendment says that those powers not given to the federal government and not prohibited to the states by the Constitution are reserved for the states and the people?

A)Eighth
B)Tenth
C)Eleventh
D)Fourteenth-Consider This: The Fourteenth Amendment extends these rights to all Americans rather than defining rights reserved to the people or to the states.

Question 18

“To uphold the Government's contentions here, we would have to pile inference upon inference in a manner that would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States. Admittedly, some of our prior cases have taken long steps down that road, giving great deference to congressional action…. The broad language in these opinions has suggested the possibility of additional expansion, but we decline here to proceed any further. To do so would require us to conclude that the Constitution's enumeration of powers does not presuppose something not enumerated… and that there never will be a distinction between what is truly national and what is truly local... This we are unwilling to do.”
--Chief Justice William Rehnquist, United States v. Lopez, 1995

-Which of the following statements about United States v.Lopez is most accurate?

A)The Supreme Court invoked the Supremacy Clause in a conflict between federal and state governments.
B)The Court limited the federal government's power over states.
C)The federal government's power over interstate commerce was restricted.-Consider This: The federal government's power over interstate commerce remained the same; the Court ruled that this was not a question of interstate commerce.
D)States were forced to make their own laws about guns in schools.

Question 19

Fiscal Federalism: Federal grants to state and local governments. Source: Office of Management and Budget,Budget of the United States Government,Fiscal Year
2017: Historical Tables (Washington,DC: U.S.Government Printing Office,2016),Tables
12.1 and 12.2.

-Which type of system does this graph illustrate?

A)dual federalism
B)national supremacy
C)fiscal federalism
D)Reserved powers-Consider This: By giving states money,the federal government maintains influence in state matters.

Question 20

“If the States may tax one instrument, employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. . . .
The Court has bestowed on this subject its most deliberate consideration. The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government. This is, we think, the unavoidable consequence of that supremacy which the constitution has declared.”
—Chief Justice John Marshall, McCulloch v. Maryland, 1819

-Which clause of the U.S.Constitution did the Supreme Court interpret in McCulloch v.Maryland as allowing Congress to create a national bank?

A)commerce-Consider This: While many have argued that the Court could have relied on commerce powers in McCulloch,the Court ultimately chose to use look elsewhere to justify the power.
B)necessary and proper
C)due process
D)equal protection

Question 21

Which amendment prohibits federal and state courts and federal administrative agencies from hearing cases in which a private party names a state as a defendant without the state's consent?

A)Third
B)Sixth-Consider This: The Sixth Amendment establishes the rights individuals experience in the court system,but fails to place a prohibition on a court hearing a case involving a state without the consent of that state.
C)Eleventh
D)Twelfth

Question 22

In Gibbons v.Ogden,the Supreme Court held that Congress has broad authority to regulate __________.

A)interstate commerce
B)education-Consider This: It was not until the 1940s that the Supreme Court actively recognized that the national government had a role to play in public education.
C)interest rates
D)religion

Question 23

Which type of federalism is characterized by a system of state and national governments with separate but distinct authority?

A)combined
B)cooperative-Consider This: Cooperative federalism is generally associated with overlapping powers and authority rather than a separation of both.
C)dual
D)progressive

Question 24

Which of the following grants minimizes the paperwork that must be filled out and the strings attached to using the grant?

A)block grants
B)business grants
C)categorical grants-Consider This: Because of the broad nation of a categorical grant,it has a high level of paperwork since agencies must justify and explain where the money is going.
D)programmatic requests

Question 25

Which of the following best exemplifies devolution?

A)New Deal legislation
B)No Child Left Behind Act-Consider This: The No Child Left Behind Act removed power from the states and increased the role of the national government in regulating public K-12.
C)welfare policy
D)Troubled Asset Recovery Program

Question 26

Which of the following is an implied power of the federal government?

A)admitting new states
B)establishing a national bank
C)declaring war-Consider This: Implied powers are powers not explicitly granted in the Constitution,the power to declare war is plainly vested to the Congress.
D)establishing federal courts

Question 27

Of the following,which is a power denied to states by the Constitution?

A)establishment of criminal laws
B)the power to enter into treaties
C)imposing taxes-Consider This: Prior to the Sixteenth Amendment,a vast majority of taxing power belong to the state governments.
D)supervision of contracts between individuals

Question 28

Which of the following is an example of a formula grant?

A)Medicaid
B)the Clean Air Act-Consider This: While the Clean Air Act does provide some funding,a formula grant specifically allocates for an established program at rates established by the federal government.
C)military funding
D)congressional salaries

Question 29

What helped establish the preeminence of the federal government over the states?

A)The Revolutionary War-Consider This: After the Revolutionary War,most politicians and citizens favored strong state government over national government power.
B)The Civil War
C)World War I
D)The Vietnam War

Question 30

Which of the following is the power of both the state and federal governments to influence education policy?

A)layer-cake federalism-Consider This: In dual or layer cake federalism there is little overlap in policy areas handled by the states and national government,this is in stark contrast to cooperative federalism.
B)marble-cake federalism
C)pineapple-upside-down-cake federalism
D)cupcake federalism

Question 31

Which of the following is a reason why the Framers created a federal system?

A)The Framers wanted to ensure that there was a centralized policymaking system.
B)The Framers believed that federalism best ensured economic equality.
C)The Framers could not conceive of the federal government providing most of the services to states and localities.
D)The Framers wanted to re-create the successes they experienced under the Articles of Confederation.-Consider This: The failures of the confederation government required replacement with a different system rather than revisions,per nearly all the framers.

Question 32

Which of the following is a shared power between states and the federal government?

A)controlling money supply-Consider This: While states possess the power to borrow,collect and spend money,thy lack the authority to actually print money.
B)raising and maintaining an army
C)establishing a post office
D)the power to tax

Question 33

What is a mandate?

A)an order from the federal government requiring the states to take a certain action
B)an order from a state government requiring a federal action
C)an order from the federal government prohibiting the states to take a certain action-Consider This: Mandates involve or require a positive government action such as spending or creating a program.
D)an order from a state government prohibiting a federal action

Question 34

Which of the following is a confederation?

A)the United States
B)the United Nations
C)Great Britain-Consider This: While Great Britain has several components,namely Wales,Northern Ireland,Scotland,and Wales; those components receive powers from the national parliament as opposed to giving the national parliament its powers as it would in a confederation.
D)China

Question 35

Which clause in the Constitution ensures that judicial decrees and contracts made in one state will be binding and enforceable in another?

A)commerce
B)full faith and credit
C)due process
D)equal protection-Consider This: Equal protection guarantees similar treatment regardless of state of residence but does not require states to maintain identical laws or recognize the laws of other states.

Question 36

Which grant is given to a state by the federal government with only general spending guidelines?

A)block
B)business
C)commerce-Consider This: While many grants stimulate,or produce commerce some do more practical things like restructure debt or modify already existing programs.
D)credit

Question 37

What change to the relationship between national government authority and state governments did the Republican Party advocate for in the 1994 elections?

A)excavation
B)devolution
C)evolution-Consider This: Rather than being a new proposal for restructuring the relationship between the states and national government,the 1994 Republicans were arguing for a return to the relationship that existed prior to cooperative federalism and the New Deal.
D)redevelopment

Question 38

The Constitution says that states are required to return a person charged with a crime in another state to that state for trial or imprisonment,a practice called __________.

A)voir dire-Consider This: The term voir dire refers to the ability of an individual to question witnesses at a trial.
B)sequestration
C)change of venue
D)extradition

Question 39

Which grants typically allocate federal dollars based on population?

A)Block-Consider This: While some block grants are dependent on population,many are dependent on goods,services,crops,or products provided regardless of population served.
B)Formula
C)Commerce
D)Diversified

Question 40

Many local school districts complained that the No Child Left Behind Act did not provide enough funding to implement the law.If this is the case,the law is was a(n)__________.

A)block grant-Consider This: While a block grant can potentially be underfunded,in most instances we would not consider a block grant to be a mandate.
B)unfunded mandate
C)categorical grant
D)programmatic request

Question 41

Which of the following is an example of a categorical grant?

A)Funds provided by Congress to the states for education in general.
B)Funds provided by Congress to the states for substance abuse prevention.-Consider This: A categorical grant requires specific and detailed spending provisions as opposed to a block grant that is more general in nature.
C)Funds provided by Congress to the states for transportation infrastructure.
D)Funds provided by Congress to the states to enhance science instruction in a low-income area.

Question 42

Which of the following best describes the death penalty in the United States?

A)All death penalty cases are handled by the federal government.-Consider This: While the federal government can impose the death penalty for federal crimes,states also have the power to execute individuals for state level crimes.
B)Some states allow the death penalty and others do not.
C)All states allow the death penalty.
D)In 2013,the Supreme Court ruled that all death penalty statutes are unconstitutional.

Question 43

An advantage of federalism is that it allows states to __________.

A)restrict civil rights for members of disliked groups
B)be policy innovators
C)have uniform policies-Consider This: By definition,federalism allows states to pursue their own policies in areas where power is delegated or reserved for the states.
D)be supreme over the national government

Question 44

Which of the following is a disadvantage of federalism?

A)the quality of policies can vary from state to state.
B)states can figure out which policies work best for them-Consider This: While states can identify,and implement policies that work best for them,there is no guarantee that every policy will be successful.
C)citizens can choose to live in those areas that have the policies they prefer
D)the state governments can nullify laws passed by Congress

Question 45

Which is an example of a federal mandate?

A)The Supreme Court upholds a federal law requiring all citizens to wear a seatbelt while operating a motor vehicle.
B)Congress passes a law requiring all states to adopt a sex offender registry system.
C)The Environmental Protection Agency sends money to Louisiana to help with cleanup from the gulf oil spill.
D)The Nevada legislature passes a law requiring all public school teachers to spend 20 hours per week preparing students for the state achievement test.-Consider This: While this is an example of a mandate,since it originates from the state of Nevada it cannot be considered a federal mandate.

Question 46

Which of the following would proponents of devolution argue?

A)the military's power should be expanded
B)the authority of state government should be expanded
C)the federal government's role should be expanded-Consider This: Devolution typically exists as an alternative to continued expansion of federal power.
D)Congress should have more power over state laws

Question 47

The goal of the privileges and immunities clause is to keep states from discriminating against which of the following?

A)the poor
B)the federal government
C)minority citizens-Consider This: Minority protections are generally guaranteed by the Fourteenth Amendment,privileges and immunities protects the rights and liberties of all citizens.
D)citizens of other states

Question 48

Federalism generally allows citizens significantly more opportunities to __________.

A)invest in the stock market-Consider This: While many democracies are capitalist in nature,not all are,and there is no inherent relationship between federalism and access to markets.
B)become a civil engineer
C)find gainful employment
D)participate in politics

Question 49

Which of the following is the best definition of federalism?

A)A constitutional arrangement by which two or more levels of government share formal authority over the same area and people.
B)A constitutional arrangement concentrating power in a central government.-Consider This: While the current configuration of American government might lead us to believe that federalism concentrated power in the hands of the national government,the formal definition requires only different levels of government.
C)A loose association of states constitutionally created by a strong central government.
D)A loose association of states with mutually recognized compacts but no central government.