American Government Chapter 3 & 4

McCulloch v. Maryland is an important case because

the Supreme Court interpreted the implied powers of Congress broadly, creating the potential for increased national powers.

Block grants consist of federal aid to state or local governments that is

to be spent within a specified policy area, with very few restrictions.

________ refers to written false statements while ______ refers to verbal false statements.

Libel; slander

What is an example of concurrent powers?

the responsibility of both the national and state governments to charter banks and corporations

Which term best describes the federalism arrangement of the late 1930s?

marble cake federalism

In a unitary government, which level of government holds the ultimate authority?

national

What does the Fourth Amendment provides protection from?

unreasonable searches and seizures

Competitive federalism leads to the idea that citizens

will move to a state that fits their priorities

The idea that the United States should not have an official religion is most clearly found in the

establishment clause.

Civil liberties listed in the Bill of Rights include all EXCEPT which of the following?

freedom from discrimination

New Federalism was generally characterized by

granting state and local governments greater control of nationally funded programs.

Under the exclusionary rule,

illegally or unconstitutionally acquired evidence cannot be used in a trial.

Ultimately, which branch of government determines the balance of power between the federal and state governments?

judicial

If someone printed a leaflet urging Americans to resist the military draft, this would violate which free speech test(s)?

just the clear and present danger test

The clear and present danger test is directly related to which freedom in the First Amendment?

Freedom of Speech

The two broad freedoms of expression and religion are guaranteed in the

First Amendment.

The right to privacy was established in which case?

Griswold v. Connecticut

Which of the following options is a form of expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, and is currently protected under the Constitution?

Hate speech

Suppose Amazon decides to open a huge warehouse complex somewhere in the Midwest. Wisconsin offers tax breaks to open the plant there. However, Illinois offers tax breaks and free land, and Michigan offers tax breaks and grant money for worker retraining. This is an example of what type of federalism?

competitive

The first form of government adopted by the United States was

confederal

Marble cake federalism, in which each of the layers mix together, is an analogy for which type of federalism?

cooperative

The "establishment clause" in the First Amendment prohibits the federal government from

creating an official religion for the country.

Which of the following is most likely to be a violation of the free exercise clause?

forcing government employees to work on their days of worship

Questions such as whether animal sacrifice for religious purposes is allowable or whether religious dress may be regulated are examples of the Supreme Court wrestling with the meaning of which part of the Constitution?

free exercise clause

If you decide to drive across the country from Virginia to Oregon, you do not need to stop at every state's border to get a new driver's license. This is the best example of which constitutional clause?

full faith and credit

If one state recognizes a marriage sanctioned by another state, which constitutional clause is being exemplified?

full faith and credit clause

Gibbons v. Ogden in 1824 was important because it

gave the national government significant new authority to regulate interstate commerce.

New Federalism

granted state and local governments greater control of nationally funded programs

Written false statements that damage a person's reputation are known in legal terms as

libel

Over the last century the Supreme Court has gradually applied the Bill of Rights to the states on an amendment-by-amendment basis. This process is known as

selective incorporation.

Miranda rights advise an individual of the Fifth Amendment's protection from

self-incrimination.

States are immune from being sued in federal court by citizens of a different state. This was established in

the Eleventh Amendment.

Which of the following statements BEST defines selective incorporation?

the Supreme Court's use of the Fourteenth Amendment to apply civil liberties to the states on a case-by-case basis

What document is the legal foundation for the civil liberties of American citizens?

the first 10 amendments of the Constitution

In a federal system, power is distributed

In a federal system, power is distributed

The 1930s saw a shift from __________ federalism to __________ federalism.

dual; cooperative

The Lemon test is most clearly related to which amendment?

1st

The initial argument in favor of "states' rights" in the early 1800s most commonly came from which region of the country?

South

Basic political freedoms that protect citizens from governmental abuses of power are known as

civil liberties.

In an attempt to pay back their student loans a bit faster, Mary and Bob commit identity theft and impersonate others to use their credit cards. The government prosecutes them but loses due to lack of evidence. After more evidence surfaces, it attempts to prosecute Mary and Bob again. In doing so, it may be violating which amendment?

5th Amendment

How would you describe picket fence federalism?

A model of federalism in which specific programs and policies (depicted as vertical pickets in a picket fence) involve all levels of government—national, state, and local (depicted by the horizontal board in a picket fence)

Why was a Bill of Rights added to the Constitution?

Antifederalists demanded it for ratification.

What are the first 10 amendments to the U.S. Constitution known as?

Bill of Rights

What is the difference between a categorical grant and a block grant?

Categorical grants are for spending on specific items and programs, whereas block grants allow states to determine how they are spent.

Imagine the hypothetical kingdom of Gondor. In this mythical land there is a central city with a king and what passes for a national government. The rest of the kingdom is split into different states, each ruled by its own government. Because of the difficulty in traveling around the kingdom, the national government does little except collect a few taxes and maintain the roads. Otherwise most of the power in Gondor is held by the states themselves. Gondor is an example of what kind of government?

Confederal

Which of the following statements best summarizes the shifts in the balance of power between the states and the federal government over the course of the country's history?

Despite some early cases to the contrary, power predominantly remained with the states until the 1930s, when the federal government expanded into many new areas.

Protections against cruel and unusual punishments can be found in which amendment?

Eighth

What effect did the "rights revolution" have on the relationship between the federal and state governments?

It gave the national government control over areas that had traditionally been left to the states.

The Supreme Court uses the __________ test to determine whether a practice violates the First Amendment's establishment clause.

Lemon

In 1973, the Supreme Court established the __________ test to determine whether materials are obscene and can therefore be regulated by governments.

Miller

Each of the following is a reason for the expansion of federal power except the

Tenth Amendment.

Why is there so much debate over the meaning of the Second Amendment?

The wording of the right to bear arms is ambiguous and open to interpretation

Cases like McCulloch v. Maryland and Gibbons v. Ogden had what effect on the balance of power between the national and state governments?

They cemented the national government's supremacy in the early days of the Republic.

Some forms of speech, such as fighting words and slander, do not warrant the same level of protection as political speech. Why not?

They do not express ideas that have important social value.

In this example, what was the relationship between Congress and the state and local governments concerning passage of the Clean Water Act?

Using a combination of requirements and incentives, Congress has pushed states and localities toward greater levels of energy efficiency and decreased use.

Which of the following describes a federal system of government?

a system with powers shared across more than one level of government

Organizations like the European Union, whose members are sovereign countries, are an example of

an intergovernmental organization.

When the national government tells the states they have to do something but fails to provide funding for it, this is known as

an unfunded mandate.

Any evidence that is gathered illegally or unconstitutionally cannot be used in a subsequent trial. This is known as the

exclusionary rule.

Which of the following best exemplifies the concept of federal preemption?

federal criminalization of marijuana even when states or cities allow medicinal use

The Bill of Rights initially applied to the __________ government(s), while today the Bill of Rights applies to the __________ government(s).

national; national and state

Under the First Amendment, the Supreme Court has ruled that school-sponsored prayer is ______ and that school vouchers for religious schools are ________________.

not permitted; permitted

In the area of education policy, the local, state, and national governments all share responsibility for setting policy and carrying it out. Most officials in the education area, though, do not really interact with local, state, and national government officials who work in the areas of agriculture or health care. This is an example of what kind of federalism?

picket fence

Conducting elections and promoting public safety are examples of what kind of powers?

police powers

Prior restraint is when the government

prevents the media from publishing something.

Imagine that you are the editor at a major daily newspaper. The government finds out that you are about to run a story detailing sensitive government information, so it sues you to prevent you from publishing it. Which of the following is the government attempting to engage in

prior restraint

Article IV contains both the full faith and credit clause and the

privileges and immunities clause.

In interpreting the free exercise clause, the Court balances between which two goals?

religious freedom and public safety

Roe v. Wade was based on which constitutional civil liberty?

right to privacy

What are your Miranda rights?

right to remain silent, right to an attorney

Under a system of dual federalism, the national and state governments are

seen as distinct entities providing separate services.

We often say that the states are laboratories of democracy. This allows for experimentation on a local level with policies that might later be adopted by the national government. This is an argument in favor of which branch or level of government growing larger?

the states

What is the purpose of the Tenth Amendment?

to limit the powers of the central government by establishing reserved powers for states and individuals

The vast majority of countries in the world today have which system of government

unitary