AP government Federalism test review guid

List three problems of decentralized power that existed under the articles of confederation. For each problem you listed, identify one solution that the constitution provided to address the problem. Some have argued that the tensions between decentralized and centralized power continue to extst. Support this argument by explaining how one of the following illustrates the continuing tension. - Environmental policy - Gun control - Disability access

1. no congressional power over commerce solution: congress to regulate both foreign and interstae commerce. 2. no congressional power to levy taxes solution: extensive power given to congress to levy taxes 3. no authority to act directly upon individuals solution: ample power to enforce laws by quotient of individuals and to some extent states. Many pieces of legislation, from the Gun Free School Zones Act to the Brady Act, have attempted to federally restrict the ownership and possession of firearms. In each case, lawsuits have tested the constitutionality of these federal restrictions and resulted in compromises between federal and state authorities, illustrating the continued tensions between the two.

Confederation

A form of government in which the central government limits powers to coordinate state activities. State governments are sovereign and allocate some duties to the central government. citizens vote for state government officials.

Significance of Gibbons v. Ogden (1824)

A landmark case decided in 1824 in which the supreme court interpreted very boradly the clause in article 1 section 8 of the constitution giving congress the power to regulate interstate commerce encompassing virtually every commercial activity.

Dual federalism

A system of government in which both the states and the national government remain supreme within their own spheres each responsible for some policies.

Cooperative federalism

A system of government in which powers and policy assignments are shared between states and the national government. They also share costs, administration, and even blame for programs that work poorly.

Interstate compacts

A voluntary arrengement between two or more states that is designed to solve their common problems and that becomes part of the laws of each state.

Unitary system

A way of organizing a nation so that all power resides in the central government. Most national governments today are unitary governments

Federal system

A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

Significance of McCulloch v. Maryland (1819)

An 1819 supreme court decision that established the supremacy of the national government over state governments. In deciding this case, chief justice hohn marshall and his colleagues held that congress had certain impliead powers in addition to the enumerated powers found in teh constitutuion

Supremacy clause

Article VI of the constitution which makes the constitution national laws and treaties supreme over state laws when the national government is acting within its constitutional limits.

All of the following are true of the interstate commerce clause EXCEPT A. It has been used to expand federal power in creative ways B. It grants Congress power to regulate interstate commerce without limits C. It is defined as more than just the buying and selling of goods D. It is an enumerated power of Congress E. The supreme court has played a significant part in its interpretation over time.

B. It grants Congress power to regulate interstate commerce without limits.

How has the supremacy clause allowed for ever greater national authority A. The national government is in charge of all taxation B. National law automatically supersedes state law. C. States are forced to react to national government action or legislation D. States occasionally have to receive federal permission for activities. E. Congress is the only legislative body that can increase its authority

B. National law automatically supersedes state law.

The type of federalism where national and state governments jointly supervise the citizenry and have shared authority is called A. Competitive B. Dual C. Cooperative D. Sovereign E. Coercive

C. Cooperative

Which of the following represents a belief that the national government is supreme in its sphere and the state governments are supreme in their sphere A. cooperative federalism B. Fiscal federalism C. Dual Federalism D. Devolution E. Mandate federalism

C. Dual Federalism

The constitution grants Congress the power to establish post offices. This is an example of A. Implied powers B. concurrent powers C. Enumerated powers D. Reserved powers E. Exclusive powers

C. Enumerated powers

Expressed power, concurrent power, or reserved power Seize private property for the benefit of the gernaral public, with just compensation

Concurrent

Expressed power, concurrent power, or reserved power Borrow money

Concurrent power

Expressed power, concurrent power, or reserved power Spend taxpayer funds to benefit the general welfare

Concurrent power

Expressed power, concurrent power, or reserved power Tax citizens directly

Concurrent power

Expressed power, concurrent power, or reserved power Make and enforce laws

Concurrent powers

Full Faith and Credit under the constitution obligates that A. States must hand over fugitives from the law to the state of the alleged crime B. States are given the power to create laws that punish other states C. States may not grant special privileges to residents of their state D. A legal document valid in one state is considered valid in another state E. States are free to borrow money from the federal reserve

D. A legal document valid in none state is considered valid in another state

Of the following which has been used most to expand the power of the national government A. The fifth amendment B. The habeas corpus clause of the constitution C. The bill of attainder clause of the constitution D. The commerce clause of the constitution E. The first amendment

D. The commerce clause of the constitution.

Which of the following best defines the constitutional interpretation of federalism A. The federal government and the states have separate but overlapping powers; where these powers conflict the federal government prevails B. The federal government and the states each have separate and mutually exclusive roles and responsibilities; neither controls the other. C. The states may only exercise those powers delegated to them by the Consitution D. The federal government may exercise only those powers specifically enumerated in the constitution E. The states have some powers reserved to them which they may exercise if the supreme court permits

D. The federal government may exercise only those powers specifically enumerated in the constitution.

The reserved powers of the state governments can be best described as those powers A. Listed specifically in the tenth amendment B. implied in the fifth amendment C. Exercised by both national and state governments D. Not specifically granted to the national government or denied to the states. E. The first amenment

D. not specifically granted to the national government or denied to the states

The terms "fiscal federalism" and "cooperative federalism" refer to situations in which A. States are forbidden any activity that has not been specifically approved by the supreme court B. The federal government completely dominates state and local governments C. The federal judiciary uses its power of judicial review to ensure congressional dominance over state legislatures. D. State, municipal an local income taxes are pooled by special agreement and redistributed in accordance with individual need. E. State, municipal, and local governments work together to complete a project, with the federal government providing much of the project funding.

E . State, municipal, and local governments work together to complete a project with the federal government providing much fo the project funding.

Which of the following would be considered a reserved power? I. Voting requirements II issuing licenses III Marriage laws IV Regulation of interstate commerce A. I and II only B. I and III only C. I, II, III only D. I only E. All of the above

E all of the following

States and localities have the most discretion in establishing policy when federal funding is derived from A. Categorical Grants B. Matching Grants C. Grants in aid D. Project grants E. Block grants

E. Block Grants

In determining the power of Congress to regulate commerce in the case of Gibbons V. Ogden (1824), the supreme court A. prohibited Congress from regulating business activity on the grounds it violated individual property rights B. Listed the implied power of Congress and the national government. C. Defined commerce very narrowly in considering the rights of Congress to regulate it. D. Listed the enumerated powers of congress and the national level E. Defined commerce very broadly, encompassing virtually every form of commercial activity

E. Defined commerce very broadly, encompassing virtually every form of commerial activity

Expressed power, concurrent power, or reserved power Conduct international diplomacy

Expressed power

Expressed power, concurrent power, or reserved power Declare war against a foreign nation

Expressed power

Expressed power, concurrent power, or reserved power Regulate interstate commerce

Expressed power

Expressed power, concurrent power, or reserved power Establish immigration and naturalization policy

Expressed powers

Expressed power, concurrent power, or reserved power Propose amendments to the constitution

Expressed powers

Expressed powers

Expressed powers are those specifically names in the constitution.

Block Grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services.

Categorical grants

Federal grants that can be used only for specific purposes or "categories" of state and local spending. They come with strings attached, such as nondiscrimination provisions.

How are states obligated to one another?

Full faith and credit clause Privileges and immunities clause Extradition Interstate compacts

Extradition

Legal surrender of a fugitive to another state.

Implied powers

Powers of the federal government that go beyond those enumerated in the constitution. The constitution states that Congress has the power to make all laws necessary and proper for carrying into execution the powers enumerated in article 1.

Full faith and credit clause

Provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States.

Expressed power, concurrent power, or reserved power Establish licensure requirements for iperating motor behicles and for practicing in certain professions

Reserved power

Expressed power, concurrent power, or reserved power Established curriculum for public school districts

Reserved power

Expressed power, concurrent power, or reserved power Regulate interstate commerce

Reserved power

Expressed power, concurrent power, or reserved power Establish requirements for participating in federal elections

Reserved powers

Expressed power, concurrent power, or reserved power Make laws regarding public health safety, and morals ( ex = establishing age for the legal consumption of alcohol)

Reserved powers

elastic clause

The final paragraph of Article 1, section 8, of the constitution, which authorizes Congress to pass all laws necessary and proper to carry out the enumerated powers.

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national governments relations with state and local governments.

Privileges and immunities clause

This clause forbids a state from unjustly derpiving citizens from other states of any rights derived from state citizenshop solely on the basis of nonresidence.

Describe two of the following provisions of the constitution and explain how each has been used over time to expand federal power. - The power to tax and spend - The necessary and proper or elastic clause - The commerce clause Explain how one of the following has increased the power of the federal government relative to the power of state governments - Americans with disabilities act - Civil rights act of 1964 - Clean air act

This has been used for all types of federal actions including requiring integration in the states. It allows the Government of the United States to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution. essentially says that the government can do what it needs to do to get done what needs to be done. It is also sometimes called the "elastic clause." It grants Congress the powers that are implied in the Constitution, but that are not explicitly stated This clause is an enlargement, not a constriction, of the powers expressly granted to Congress. The clause has been paired with the Commerce Clause to provide the constitutional basis for a wide variety of federal laws, including criminal laws, which were not considered implied powers of a power to regulate by Anti- federalists Article I, Section 8, Clause 1 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. The national government regulates interstate commerce, and the states regulate intrastate commerce The use of the Commerce Clause by Congress to justify its legislative power has been the subject of long, intense political controversy. Interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and the states. As such, it has a direct impact on the lives of US citizens. The Commerce Clause is a grant of power to Congress, not an express limitation on the power of the states to regulate the economy. First, it has been suggested that the Clause gives Congress the exclusive power to regulate commerce Second, it has been suggested that the Clause gives Congress and the states concurrent power to regulate commerce Third, it has been suggested that the Clause assumes that Congress and the states each have their own mutually exclusive zones of regulatory power Many people think that one of the major flaws or weaknesses of the Americans with Disabilities Act is that it puts almost the entire burden of enforcement on individual persons with disabilities. Prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, c The Civil Rights Act was written to help African Americans. It got rid of segregation in public schools. It started the Equal Employment Opportunity Commission. Bill was introduced by JFK. * Clean Air Act The Clean Air Act is the main force behind the control of air pollution in the United States. The Act was originally passed in 1963, but large and important amendments were added in both 1970 and 1990. The Act enforces a comprehensive program for reducing air pollution. As passed by the U.S. Congress in 1963, the Clean Air Act was a moderate bill that offered federal research aid, urged the development of state control agencies, and involved the federal government in inter-state pollution issues. In 1965, an amendment was added to the bill requiring the U.S. Department of Health, Education and Services to create and enforce auto emission standards. This marked the federal government's first active role in clean air policy, though it was the Clean Air Act of 1970 that, for the first time, put real power in the hands of the federal government instead of the states. This 1970 law remains the basis for Mandatory Fuel Standard Corperate Average Fuel Economy(CAFE) Standards for cars

Devolution

Transfering responsibility for policies from the federal government to state and local governments.

Compare state sovereignty under the articles of confederation and under the constitution Explain how each of the following has been used to expand the power of the federal government over the states - Commerce clause - Mandates Explain how each of the following has played a role in the devolution of power from the national government to the states. - Block grants - Supreme court decisions.

articles of confederation states have complete sovereignty not so much under the constitution. Commerce clause gives them a lot more power over everything and mandates force states to do things. Block grants let states use money however they like, and supreme court cases that argue in their favor also help with devolution.

Enumerated powers

powers of the federal government that are specifically addressed in the constitution; for Congress, these powers are listed in article 1, section 8, and include the power to coin money, regulate its value, and impose taxes.