Chapter 2

Washington has legalized the production, distribution, and use of marijuana within the state. With which of the following does this policy conflict?

It conflicts with federal laws that consider marijuana illegal.

According to the text, debate over which issue caused the secession of the Southern states prior to the Civil War? Choose the BEST answer.

State sovereignty

Take a look at the Supremacy Clause found in Article VI (paragraph 2) of the U.S. Constitution. Based on your reading of it, which of the following would NOT be considered a constitutional action?

A tax levied by the state of Maine on usage of Acadia National Park land would be considered unconstitutional under the Supremacy Clause.

According to historians, the manner in which President Kennedy handled this situation can be attributed to which of the following?

According to historians, President Kennedy did not understand the depth of Southern racism and naively believed that rational arguments would be sufficient to persuade Governor Barnett and other segregationists to cooperate with integration.

Which of the following is considered a weakness of a federal system?

According to the text, federalism hinders universalistic policy development and leads to budgetary inefficiency.

According to the text, which of the following represents a major problem with decentralization?

According to the text, one of the major weaknesses of decentralization is that it results in highly inefficient policies.

In which of the following ways are the two executive orders similar in their views on federalism?

Both executive orders agree that the people of the states are free to make laws in areas not restricted by the Constitution, i.e., "to define the moral, political, and legal character of their lives."

What was the major point of contention between Robert Kennedy and Ross Barnett in their negotiation on September 27, 1962?

Barnett wanted all of the U.S. Marshals to draw their guns on him in the planned confrontation (not just one, as Kennedy proposed), as he felt that such a show of force would be necessary for him to save face among his segregationist supporters when he would ultimately back down and allow Meredith to enter the building.

The first question before the Court was whether Congress could even charter a bank at all. Why, in particular, was this an issue?

Chartering a bank was not among Congress's enumerated powers.

The national government withholding highway funding from states until they comply with national laws represents an example of which of the following?

Coercive federalism.

Governor Barnett refused to abide by the U.S. Supreme Court decision to integrate the University of Mississippi because he viewed segregation laws as which of the following?

Governor Barnett viewed segregation laws as state decisions that should not be overturned by the national government.

President Johnson, according to his 1966 statement, considered the establishment of which federal agency to be "an essential building block" for the future of the United States?

Dept of Transportation

Which type of federalism is characterized by the national and state governments working independently of each other?

Dual Federalism.

Events such as the Civil War, the Great Depression, and the 9/11 terrorist attacks have generally resulted in which of the following?

Events such as the Civil War, the Great Depression, and the 9/11 terrorist attacks have generally resulted in shifts in the balance of power toward the federal government.

Under the Articles of Confederation, states generally felt which of the following with regard to the federal government?

States generally enjoyed the sovereignty provided to them under the Articles of Confederation.

Given that Chief Justice John Marshall was a Federalist, how would one expect him to rule in this case?

Given that Chief Justice Marshall was a Federalist, one would expect him to rule in favor of McCulloch, or the federal government.

The phone conversations and commentary highlight which competing forces faced by Governor Barnett?

Governor Barnett faced competing pressures from the federal government to comply with the anti-segregation ruling and from white segregationists—whose continued support was crucial to his political career—to keep James Meredith from enrolling at the University of Mississippi.

According to the majority opinion of the Supreme Court, what would occur if the Court accepted all of the United States government's arguments for upholding the constitutionality of this federal law?

If the Gun-Free School Zones Act is constitutional, according to the majority opinion of the Court, then it would be hard to find an activity by an individual that Congress could not regulate.

Precedent set in which of the following areas could allow the federal government to preempt state activity in the regulation of net neutrality?

Interstate commerce

In the Court's opinion written by Chief Justice Rehnquist, what was the consequence of earlier commerce clause cases like Jones & Laughlin Steel, Darby, and Wickard?

In the words of Chief Justice Rehnquist, "Jones & Laughlin Steel, Darby, and Wickard ushered in an era of commerce clause jurisprudence that greatly expanded the previously defined authority of Congress under that clause." This is commonly understood as the system of cooperative federalism.

Incentives provided by grants-in-aid act as a substitute for which of the following? Choose the BEST answer.

Incentives provided by grants-in-aid act as a substitute for constitutional authority.

According to James Madison, a tyranny of the majority could be avoided in which of the following ways?

James Madison believed that a tyranny of the majority could be avoided by having a diversity of views.

Why did Chief Justice John Marshall hold that the United States did have the power to charter a national bank?

Marshall held that the Necessary and Proper Clause in combination with the enumerated power of Congress to regulate commerce and coin money gave Congress the implied power to charter a national bank.

Why did Maryland decide to tax the national bank?

Maryland decided to tax the national bank because the United States started borrowing almost exclusively from the national bank instead of state banks, which decreased Maryland's revenue.

Why was Maryland's tax on the national bank ultimately found to be unconstitutional?

Maryland's tax on the national bank was ruled unconstitutional because state governments do not have power over the national government.

What was President John F. Kennedy's problem (w/Gov Barnett)

Mississippi governor Ross Barnett refused to yield to the Supreme Court's anti-segregation ruling.

Modern federalism, or the system in place since the 1930s, has been characterized by which of the following?

Modern federalism has been characterized by a commingling of national and state responsibilities.

Why was the health care reform legislation challenged in court?

Opponents of the law challenged it in court because they felt that the federal government had overstepped its constitutional authority.

Why are pot growers on Vashon Island concerned about transportation of their product over Puget Sound?

Pot growers on Vashon Island are concerned about transporting their product to the mainland because Puget Sound waterways are regulated by federal agencies.

In the beginning of "A Time for Choosing," what point is Reagan trying to make with his story about the Cuban refugee?

Preserving freedom in the United States is important because of America's uniquely democratic system.

Robert Kennedy was able to enforce the deal with Governor Barnett by telling him which of the following?

President Kennedy would expose the secret agreement between Governor Barnett and himself.

Which of the following would President Kennedy have to use to enforce the decision to integrate?

President Kennedy would have to use federal troops.

Which of the following terms captures what the case is really about?

Professor Hayden concludes by saying, "The case is not really about Maryland versus a bank, it's really about the state versus the national government"—in other words, it's about federalism.

According to the text, proponents of new federalism support which of the following measures?

Proponents of new federalism support the return of power to the states.

Scientific and technological developments affect issues of federalism in which of the following ways?

Provide a means for presidential creation of public works projects.

When Reagan says "in vote-harvesting time, they use terms like the 'Great Society,'" he is referring to a specific political group. Who are "they"?

Reagan is referring to liberals who favor bigger government; the "Great Society" was the name of Democratic president Lyndon Johnson's set of domestic initiatives that sought to eliminate poverty and racism and expand federal spending on education and health care.

In which of the following ways do the executive orders differ in their views on federalism?

Reagan mentions the Tenth Amendment, but Clinton doesn't. Reagan focuses on state sovereignty, while Clinton emphasizes the supremacy of the national government. Reagan states that the people created the national government, but Clinton says that the Constitution created it.

Why does Reagan quote politicians who call the Constitution outmoded or advocate transforming the U.S. into a welfare state? Choose the BEST answer.

Reagan most likely includes such quotes in order to raise fears about the consequences if politicians favoring a strong central government have their way.

Reagan's vision of federalism differed from most other modern presidents' visions in which of the following ways?

Reagan's vision of federalism differed from those of most other modern presidents in his assertion that a federal system should limit the scope of government in order to protect civil liberties.

President Franklin D. Roosevelt's New Deal legislation did which of the following?

Roosevelt's New Deal legislation ushered in an era during which the powers of the federal government were protected by the Supreme Court.

In his First Inaugural Address, President Reagan says all EXCEPT which of the following things about the federal government?

Says: It should be a means to provide opportunity. It was created by the states. It has grown beyond what the people have consented to. It has only the power granted to it by the people. Does not say: President Reagan does not say that the federal government should increase in size and influence; in fact, he advocates the opposite.

Issues causing a shift from cooperative to coercive federalism were primarily of what nature? Choose the BEST answer.

Social.

The Patient Protection and Affordable Care Act of 2010 contained which of the following provisions?

The Patient Protection and Affordable Care Act mandated that all citizens must have medical insurance.

During the age of dual federalism, the Supreme Court limited the power of the national government through its interpretation of which portion of the Constitution?

The Supreme Court limited the power of the national government through its interpretation of the Commerce Clause.

Who decided that James Meredith could register for classes at the University of Mississippi?

The United States Supreme Court made the decision that James Meredith could register for classes at the University of Mississippi.

What is the key question at stake in US vs. Lopez?

The key question at stake in this case is whether federal laws such as those prohibiting firearms in school zones fall within Congress' jurisdiction under the commerce clause.

The conflict presented in these phone conversations can be BEST read as a power struggle between which two groups?

The conflict presented in these phone conversations can be best read as a power struggle between the federal government (as represented by President Kennedy, the Supreme Court, and U.S. Marshals) and a state government (as represented by Governor Barnett, Mississippi segregationists, and the state police).

Which of the following characterizes the evolution of the balance of power between state, local, and national governments?

The evolution of the balance of power is characterized by the federal government progressively assuming greater responsibility for domestic and economic issues.

Why did the federal government first decide to charter national banks?

The federal government decided to charter the first two national banks because state-owned banks were charging the federal government too much interest on the loans it had taken out to cover the costs of the War of 1812.

When Reagan derisively refers to "a little intellectual elite in a far-distant capitol," what is his implied critique?

The federal government should not be too powerful, because it is out of touch with the needs of average Americans.

The final item in Article I, section 8, of the U.S. Constitution does which of the following? Choose the BEST answer.

The final item in Article I, section 8, commonly referred to as the Necessary and Proper Clause, expands the power of Congress by allowing it to pass any laws that are "necessary and proper" for it to carry out its enumerated powers under the Constitution.

What does Reagan say the Founding Fathers sought to minimize?

The full power of centralized government

Which governmental institution is PRIMARILY credited with the most recent shift in the balance of power between the state and federal governments?

The governmental institution primarily credited with the most recent shift in the balance of power between the state and federal governments is the Supreme Court.

The issue that acted as a catalyst in the shift toward cooperative federalism was PRIMARILY of what nature?

The issue that acted as a catalyst in the shift towards cooperative federalism was primarily economic and financial in nature (the stock market crash and Great Depression.)

The majority opinion of the Court states that possession of a handgun in a local school zone is which of the following?

The majority opinion of the Court includes none of these statements; rather, Chief Justice Rehnquist argues that "the possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, substantially affect any sort of interstate commerce."

What did Marshall mean in saying that "the power to tax is the power to destroy"?

The phrase "the power to tax is the power to destroy" means that a sufficiently high tax could ensure that no institution could survive.

Why did U.S. attorney general Robert Kennedy and Mississippi governor Ross Barnett cancel their first plan for integrating the University of Mississippi?

The plan was canceled because both men feared it would spark rioting by white Mississippians opposed to integration.

Which of the following characterizes the power of the national government during the age of dual federalism?

The power of the national government during the age of dual federalism can be characterized as pertaining mainly to commerce, defense, and international trade.

What was the second question before the Court?

The second question before the Court was whether a state could tax a federal institution.

According to Chief Justice Rehnquist, who retains general police powers?

The states

Which of the following is considered a strength of a federal system?

The strengths of a federal system include providing more opportunities for political participation.

Which of the following is an accurate statement regarding the struggle for power between the federal and state governments?

The struggle for power between the state and federal governments characterizes a federal system.

Clinton does not reiterate Reagan's suggestion that without clear constitutional or statutory authority, sovereignty should rest with the states; nor does he include Reagan's quote from Thomas Jefferson describing the states as "the most competent administrations for our domestic concerns and the surest bulwarks against anti-republican tendencies." Which of the following BEST summarizes the implications of these omissions?

These omissions implicitly suggest that Clinton's philosophy on federalism is that the balance of power should favor the national government rather than the states.

How does this case demonstrate a shift in federalism?

This case demonstrates a shift in federalism by showing the federal government's authority diminishing, with more power being shifted back to the states.

During the conversation between President Kennedy and Governor Barnett in Part 3, one repeated theme is the president seeking reassurance that the governor will ensure law and order, while Governor Barnett responds that they will do "as best we can." What does this communication suggest about the two politicians?

This communication suggests that while outwardly they displayed agreement on a plan, Governor Barnett's noncommittal responses suggest continued tension and differences of opinion between the two men.

How did the national government ensure cooperation with its policies during the era of coercive federalism?

Threatening to remove funding from programs.

The federal government became more involved in state and local matters through which of the following measures?

Through grants-in-aid, the national government provided funding to state and local governments to support public programs designed to create jobs and stimulate the economy.

Take a look at the enumerated powers of Congress outlined in Article I, section 8, of the U.S. Constitution. If Congress wanted to pass a federal law regulating Internet copyright laws, which of the following enumerated powers might it invoke to justify its actions?

To justify legislation regulating Internet copyright laws, Congress might invoke its power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." (Copyright Clause)

According to the decision in McCulloch v. Maryland, which of the following would have final say in this issue?

U.S. laws regulating controlled substances would have final say in this issue.

What did the United States government argue in the Lopez case when it sought to convince the Court to uphold the constitutionality of the federal law in question?

Violent crime reduces the willingness of individuals to travel to areas in the country that are perceived to be unsafe. The presence of guns in schools poses a substantial threat to the educational process. The costs of violent crime are substantial, and through insurance those costs are spread throughout the population. Possession of a firearm in a local school zone substantially affects interstate commerce.

Which of the following is a point that Reagan emphasizes in both "A Time for Choosing" AND his First Inaugural Address?

n both "A Time for Choosing" and his First Inaugural Address, Reagan emphasizes that the United States is unique and special because it's a nation founded on principles of freedom and self-government.

Clinton's 1998 executive order on federalism reflected ideas primarily attributed to which of the following?

the Federalists