Deck 5: Federalism

Question 1

In U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court declared term limits for members of the U.S. Congress _____.

A) violative of the Membership Clause of Article I
B) violative of the Tenth Amendment
C) violative of the Republican Form of Government Clause of Article IV
D) nonjusticiable under the "political question" doctrine

Answer 1

A

Question 2

The constitutional theory of implied powers is most closely associated with _____.

A) McCulloch v. Maryland
B) Chisholm v. Georgia
C) Cohens v. Virginia
D) Collector v. Day

Answer 2

A

Question 3

Cohens v. Virginia concerned a statute that regulated _____.

A) railroads
B) banks
C) taxes
D) lotteries

Answer 3

D

Question 4

Gonzales v. Raich concerned _____.

A) term limits for members of Congress
B) a California statute
C) a gun crime in Texas
D) federal taxes

Question 5

The doctrine or principle of national supremacy is most closely identified with _____.

A) Roger B. Taney
B) Salmon Chase
C) John Marshall
D) Justice John Gibson

Question 6

The proposition that the central government and states confront each other in the relationship of superior and subordinate describes _____.

A) the doctrine of dual federalism
B) the doctrine of national supremacy
C) the supremacy clause
D) none of the above

Question 7

The proposition that the national government and the states face each other as equals across a precise constitutional line defining their respective jurisdictions describes _____.

A) the doctrine of national supremacy
B) the doctrine of dual federalism
C) the supremacy clause
D) none of the above

Question 8

The doctrine or principle of dual federalism is most closely identified with _____.

A) John Marshall
B) Roger Taney
C) James Wilson
D) none of the above

Question 9

Governmental powers that derive from the mass of delegated powers or from a group of them are called ______.

A) implied powers
B) concurrent powers
C) direct powers
D) resulting powers

Question 10

The necessary and proper clause is found in ______.

A) Article III
B) the First Amendment
C) Article I
D) all of the above

Question 11

McCulloch v. Maryland concerns a _____.

A) telegraph line
B) bridge
C) bank
D) railroad

Question 12

In what way(s) does Chisholm v. Georgia confirm or refute Federalist No. 78?

Question 13

In what way was section 25 of the Judiciary Act of 1789 at issue in Cohens v. Virginia?

Question 14

The Supreme Court's decisions in both McCulloch v. Maryland and Cohens v. Virginia were very controversial in their day. Yet, in the first, the Court only agreed to accept an institution that Congress had already established; in the second, Virginia actually won on the merits. Why then would certain political groups have found Marshall's opinions in these two cases highly troubling?

Question 15

Consider John Marshall's opinions in McCulloch v. Maryland, Cohens v. Virginia, and Gibbons v. Ogden. From them is it plausible to conclude that the Chief Justice was more suspicious of actions of state legislatures than of Congress? Why? Explain. What do these opinions suggest about Marshall's vision of the Supreme Court's role in the young Republic?

Question 16

What were the main points of contention between Justice Stevens (for the majority) and Justice Thomas (in dissent) in U. S. Term limits, Inc. v. Thornton? Explain.

Question 17

What might have been the consequences for the nation today had Maryland prevailed in the bank case and had Virginia prevailed on the jurisdictional point in Cohens?

Question 18

Particularly as read in the light of McCulloch v. Maryland, why is Marshall's opinion in Gibbons v. Ogden so significant?

Question 19

Discuss the origin, justification, and significance of the doctrine of implied powers.

Question 20

Explain the role of Section 25 of the Judiciary Act of 1789 in strengthening the U.S. Supreme Court's place in the American political system. Illustrate your essay with at least one assigned case, specifically exploring the consequences for the nation had Section 25 never been enacted.

Question 21

Consider the four approaches to constitutional interpretation discussed in the introductory essay for Chapter Two (on judicial review).
a. Which approach best characterizes Justice Stevens's opinion of the Court in U.S. Term Limits, Inc. v. Thornton (1995)? Explain.
b. Which approach best characterizes Justice Thomas's dissent in the same case? Explain.

Question 22

What theory of federalism best characterizes Justice Nelson's opinion of the Court in Collector v. Day (1871)? Explain.

Question 23

In United States v. Morrison (2000), what views of federalism do you find in the opposing opinions?