Gov Unit 1
Which quote best represents the concept of limited government? HINT: The Constitution is not designed to prevent government from acting. The framers of the Constitution understood that government must be granted the powers it needs to serve society's needs. What worried the framers were abuses of power—officials who exercise powers not granted to them. For this reason, they built a series of checks into the Constitution—checks that would allow other officials to block action by an official or institution that was acting outside the law. Thus the validity of the expression: "power must never be granted without a check."
"Power must never be trusted without a check"
The Americans with Disabilities Act, which provides protections for the disabled, is an example of
A federal mandate
Which of the following is a formal method of amending the Constitution?
Amendment proposed by two-thirds of both houses of Congress and ratified by three-fourths of state legislatures
"The Congress has the power to create all laws that are necessary and proper", can be found in which part of the Constitution?
Article I
What is an accurate comparison of the Articles of Confederation and the Constitution?
Articls of Confederation: Term limits for legislative branch Constitution: No term limits for legislative branch
What is an accurate comparision of federal block grants and catagorical grants?
Block grants: Lead to loss of congressional oversight on spending grant money Categorical Grants: Require states to meet certain criteria
Since the ratification of the Constitution, how has the federal government used its power to limit the influence of state and local governments?
By ending racial discrimination in public school and private businesses.
Based on the text, which of the following statements would Montesquieu most likely agree with? HINT: Montesquieu does not discuss how the separation of powers affects the speed at which a government operates. Montesquieu does not bring up this idea in his text. Conflict between branches of government shows that no one faction or groups has complete control of the government.
Conflict between the branches of government is a sign of a healthy democracy.
On which of the following issues did Federalists and Jeffersonians have most widely differing views?
Creating a national bank
Which principle of American government establishes concurrent state and national governments?
Federalism
Legislation forbidding flag burning was deemed unconstitutional because it violated the
First Amendment's protection of expression
Which of the following is an accurate comparison of the First and Fourth Amendments to the Constitution?
First Amendment: Protects freedom of religion Fourth Amendment: Requires that evidence illegally seized by law enforcement cannot be used in criminal prosecutions
Which of the following is an example of an implied power of Congress? HINT: The "necessary and proper" clause gives Congress implied powers powers that Congress uses to accomplish its expressed/enumerated powers. Regulating trade, borrowing money, and declaring war are all expressed/enumerated powers. Overseeing executive branch agencies is not an mentioned in the Constitution.
Overseeing executive branch agencies
Which of the following is true concerning a federal system?
Power is divided between a central government and regional governments
The Constitution provides the president with all of the following powers EXCEPT
Power to declare war
Full faith and credit HINT: http://en.wikipedia.org/wiki/Full_faith_and_credit
Requires the civil laws of one state be enforceable in all states.
Which of the following is argued by James Madison in The Federalist paper number 51?
Separation of powers between the branches of government is necessary to protect the rights of the citizens
According to Hamilton, why was the more powerful nationl govnerment created by the U.S. Constitution of 1789 not a cause for concern?
State governments will continue to have power over their citizens.
Which of the following is a result of the Gideon v. Wainwright decision?
States must provide indigent or poor defendants with public defense attorneys.
The clause in the U.S. Constitution that states that federal law will prevail in the event of a conflict between federal and state law is known as the
Supremacy Clause
Which statement about impeachment under the Constitution is true? HINT: Impeachment and convction are not the same thing. Two presidents have been impeached. Neither were removed from office.
The House can impeach officials for "high crimes or misdemeanors."
What is an accurate comparison of the Articles of Confederation and the U.S. Constitution?
The articles created a loose union of states, each receiving one vote in Congress. The constitution was proposed in 1787, and set up a framework for national government.
What is an accurate comparison of the New Jersey Plan & Virginia Plan?
Virginia plan: Bicameral legislature New Jersey plan: Unicameral legislature
The framers of the Constitution intended to establish
a representative republic
Which of the following forms of fiscal federalism allow the states the broadest financial discretion?
block grants
The Constitution specifically grants Congress the power to establish post offices and post roads. This is an example of;
enumerated powers.
Which institution determines most of rules governing U.S. elections, including whether and when a primary will be held, most voter registration procedures, and how long polling places will stay open on Election Day?
state governments
This makes the acts and treaties of the United States paramount over those of the states.
supremacy clause
Which of the following is argued by James Madison in The Federalist paper number 10?
A system of republican representation helps to limit the excesses of factionalism
In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election as little connected with each other as the nature of their common functions will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. -James Madison, Federalist No. 51, 1788 What constitutional principle does Madison address in the above passage?
Bicameralism
"We should remember that the Declaration of Independence is not merely a historical document. It is an explicit recognition that our rights derive not from the King of England, not from the judiciary, not from government at all, but from God". -Mark Levin The quotation best represents which concept?
Natural rights
Two citizens are arguing over the role and influence of the many organized interest groups that try to impact public policy. The first citizen suggests that interest groups should be banned from engaging Congress members and other policymakers. The second suggests that since there are so many groups looking to impact policy from so many different perspectives, these competing groups will bring about only policies acceptable to a consensus of the citizenry. The second citizen believes in which type of political theory?
Pluralist theory
The Fifth Amendment to the Bill of Rights protects which right of American citizens? HINT: Free speech refers to the First Amendment. Searches and seizures refer to the Fourth Amendment. Cruel and unusual government refers to the Eighth Amendment. The Fifth Amendment prevents the federal govnerment from tryain a person more than once for the same crime .
Restriction against double jeopardy
In providing for representative government, the writers of the Constitution were determined to: HINT: The framers of the Constitution recognized the importance of giving ordinary citizens a voice in their governing but, on the basis of historical experience, were concerned that popular government could devolve into tyranny of the majority—the situation where a popular majority gains control of government and uses its power to trample on the rights and interests of others. Accordingly, only members of the House of Representatives were subject to direct popular election. The Senate (with members chosen by the state legislatures) and the president (chosen by electors) were elected by different methods. Moreover, the Senate, though not directly elected, was established as co-equal of the directly elected House.
reduce the likelihood that a tyrannical majority would gain control of government.
How did James Madison expand on Montesquieu's ideas when he wrote Federalist No. 51? HINT: Madison argues the benefits of how the separation of powers will prevent the tyranny Montesquieu describes in The Spirit of the Laws. The proposed draft of the Constitution had already been written when Madison wrote Federalist No. 51. Madison does not propose a way to separate government power different from that in the then-proposed Constitution. Madison did not compare different governments from history in Federalist No. 51.
He argued that three branches of government would best serve the United States.
The objection to the plan of the Convention is the want of a constitutional provision for the trial by jury in civil cases. The insincere form in which this objection is stated has been exposed, but continues to be pursued. The mere silence of the Constitution in regard to civil causes, is represented as an abolition of the trial by jury in an effort to pretend abolition is universal, extending to civil and criminal causes. Every man must understand the difference between silence and abolition. The maxims on which the opponents' argument rely are of this nature: "The expression of one thing is the exclusion of another." Hence, they say, as the Constitution has established trial by jury in criminal cases, and is silent in respect to civil, this silence is an implied prohibition of trial by jury in regard to civil cases. Alexander Hamilton, Federalist No. 83, 1788 Which governmental principle does the right to a jury trial support?
Individual liberties
Shay's Rebellion highlighted which of the following weaknesses of the national government under the Articles of Confederation?
Lack of power to keep a standing army
If most members of Congress believe the legal driving age should be 18, because statistics show that drivers under eighteen have many more accidents than those 18 and older. Which of the following is the most practical and lasting action Congress could take to address this issue?
Mandate states to set the driving age at 18 and then withhold highway funds from any state that does not comply.
"These two clauses have been the sources of much virulent invective and petulant declamation against the proposed constitution, they have been held up to the people, in all the exaggerated colors of misrepresentation, as the pernicious engines by which their local governments were to be destroyed and their liberties exterminated - as the hideous monster whose devouring jaws would spare neither sex nor age, nor high nor low, nor sacred nor profane; and yet strange as it may appear, after all this clamor, to those who may not have happened to contemplate them in the same light, it may be affirmed with perfect confidence, that the constitutional operation of the intended government would be precisely the same, if these clauses were entirely obliterated, as if they were repeated in every article." Alexander Hamilton, The Federalist paper number 33 Which of the following constitutional clauses does Hamilton refer to in this essay?
Necessary and proper clause and commerce clause
In which of the following cases did the Supreme Court decision establish the "separate but equal" doctrine of state-sponsored racial segregation? HINT: "Separate but equal" refers to a Supreme Court ruling that held up state-sponsored segregation, mainly in the American South in the century after the Civil War. McCulloch v Maryland dealt with Congress' implied powers. Gibbons M. Odgen upheld the federal government's power to regulate interstate commerce. Brown v. Board of Education overturned the legal concept of "separate but equal." In Plessy v Ferguson, the Court ruled that racial segregation was constitutional as long as "separate but equal" resources were allocated to African Americans.
Plessy v. Ferguson
Which of the following statements best describes how the Constitution provides for a federal system of government? HINT: The U.S. Constitution is dedicated to defining the federal institutions (Congress, the president, and the judiciary) and their powers. The Constitution does not list the powers of the state governments. This arrangement led the states to insist on an amendment to the Constitution aimed at clarifying their status. That amendment is the Tenth Amendment, which says that powers not granted to the federal government are "reserved" for the states.
The Constitution defines the powers of the federal government and reserves the unlisted powers for the states.
What is an accurate comparison of the New Jersey Plan and the Virginia Plan?
The New Jersey plan created a bicameral legislature. The Virginia plan assured states would retain sovereignty.
Which of the following is an accurate statement about the necessary and proper clause?
The clause empowers Congress to act as required to carry out its expressed powers.
Which of the following is an example of checks and balances in action in the United States government?
The president vetoes a bill passed by Congress.
Which of the following is a criticism of pluralism?
The system is elitist as a small number of powerful groups control public policy
Which of the following statements accurately describes the legal impact of US v. Lopez (1996)? HINT: US v. Lopez (1996) was a landmark case regarding the federal government's ability to make public school gun-free zones. Congress lost power due to the Court's ruling. The Court's ruling did not redefine federalism. States had always had the right to pass gun control legislation that did not infringe on the Second Amendment. The Court ruled Congress could not use the commerce clause to justify gun control legislation on a national level.
There are limitations to Congress using the commerce clause to justify legislation.
What implication does the cartoon convey about today's government officials? link: https://www.google.com/search?safe=strict&q=life+liberty+and+the+pursuit+of+happiness+comic&tbm=isch&tbs=simg:CAQSlgEJ-EpXZ-mG1y8aigELEKjU2AQaBAgVCAMMCxCwjKcIGmEKXwgDEieTA60IlgOVA16OFP0JnQX-CYkUzz33M_1YzhziJPbg9hy2QLIg9iz0aMKD_1lwwnFemrS1BEHjCmPuX6ak2SoCfJO19UX9jJbqvGxqbzhreM8gnzazLtchVJZiAEDAsQjq7-CBoKCggIARIE_1TP0zww&sa=X&ved=0ahUKEwj7is_hv-nfAhXjlOAKHUcEDZMQwg4IKygA
They are too willing to stray from principles in the interest of pleasing the public
Which of the following decided the issue of the representation of slaves? HINT: The Connecticut Compromise refers to how states would be represented in Congress, not whether their slaves would count toward representation. The Bill of Rights does not mention slavery or congressional representation.
Three-Fifths Compromise
"The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds with the idea of a federal government." Alexander Hamilton, 1787 What concept was Hamilton defining?
federalism
The Constitution, as originally ratified, addressed which of the following weaknesses of the Articles of Confederation? HINT: Under the Articles of Confederation the national government was entirely dependent on the states to enforce national law, as it had no executive powers of its own. The Constitution rectified this problem by establishing the executive branch of government. Under the Articles of Confederation, the national government had no authority to regulate interstate trade. The Constitution grants this power to Congress. Neither the Articles nor the original Constitution had a universal suffrage clause. The Articles did not allow for any federal taxation, while the Constitution enabled Washington, D.C., to levy taxes in order to fund such efforts as the military.
national government's inability to levy taxes effectively
Federalism is a principle of government in which HINT: States do not have equal representation in the House of Representatives. Federalism does not deal with individual liberty. The separation of powers deals with the relationship between the three branches of the federal government, not the relationship between the states and the federal government.
power is shared between the national government and the state governments
The fiscal relationship between the national and state governments involves complex relationships. Which would least likely be favored by state governments?
unfunded mandates
Which of the following is a chief argument in James Madison's Federalist No. 10?
A large, diverse republic will tame factions.
The United States in Congress assembled shall never engage in a war, nor grant letters of marque or reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same. ---The Articles of Confederation, 1781 Which of the following statements best illustrates the central idea of this excerpt from The Articles of Confederation? HINT: The excerpt does not describe the relationship between the national government and the states. The text clearly states that only Congress can declare war. The excerpt does not refer to Congress as being the sole governing body. The final sentence states that a majority of states must agree to major decisions.
A majority of states had to agree on major decisions affecting the new nation.
In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election as little connected with each other as the nature of their common functions will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. -James Madison, Federalist No. 51, 1788 Which of the following statements is most consistent with Madison's views in the passage?
Checks in the lawmaking process limit the legislature's power.
Which of the following is true concerning the 1st amendment?
Expression through signs and symbols has been protected
In Federalist #10, James Madison claims
Factions in government naturally arise due to human nature.
Which is the most democratic institution of government that represents the Framers' commitment to a limited republic?
House of Representatives
Which of the following is an example of a check the Legislative Branch has on the Executive Branch?
Impeach the president
According to The Federalist Papers, federalism has which of the following effects on political factions? HINT: The Federalist Papers, especailly #10, took a negative view of factions and would not have approved of any political system that encouraged their growth. Republican federalism was designed to limit the influence of political factions. James Madison acknowledged in "Federalist No. 10'' that political factions would form whenever people disagreed or put their personal welfare above the best interests of the state. Federalism was supposed to dilute factional power by separating the powers and making it hard for any one faction to control the entire governing process of our large nation.
It limits the dangers of factionalism by diluting political power.
Which of the following best describes a purpose of the Establishment Clause?
It prohibits Congress from establishing a state religion.
The Connecticut (Great) Compromise is significant for which of the following reasons?
It proposed a Senate with equal representation for each state and a House of Representatives with membership established according to the population of each state.
Which of the following statements about the Declaration of Independence is accurate?
It provides a legal and moral justification for rebellion.
Which of the following statements best illustrates the significance of Shays' Rebellion in American history? HINT: The Revolutionary War led to the overthrow of British rule. Slavery had existed in the Americas for centuries before the founding of the United States. Shay's Rebellion took place in Massachusetts. After the national government put down the rebellion, elites realized a new national government was necessary to prevent future rebellions.
It scared American elites, leading to the adoption of the Constitution.
Politics is the process through which a society settles its conflicts. What are the two main sources of conflict in society? HINT: Society does not have enough resources to satisfy everyone's demands—and conflicting values—opposing beliefs about values, such as the conflict between those who view abortion as a woman's right to choose and those who see it as a violation of the rights of the unborn.
Scarce resources and conflicting values
The marble cake theory of federalism HINT: http://www.learner.org/channel/courses/democracyinamerica/dia_3/dia_3_topic.html
Sees the federal-state power relationship as being one which is undefined and mixed.
According to the Constitution, who determines voter eligibility requirements? HINT: Voter eligibility requirements concern the regulations surrounding who is eligible to vote in an election. The president has no role in this process. Although Congress has passed constitutional amendments expanding voting rights. Determining voter eligibility is not one of Congress's powers. The Supreme Court can only interpret the constitutionality of laws regarding voter eligibility, not create them. The Constitution allows states to set their voter eligibility requirements as long as these requirements do not violate the Constitution.
State legislatures
Which of the following best describes the balance the Supreme Court has struck between the establishment clause and the free-exercise clause? HINT: The establishment clause does not allow the federal government to recognize a state religion, and the free-exercise clause allows Americans to observe (or not) the religion of their choice. Religious institutions can lose their tax-exempt status. Public schools cannot force students to pray, but students still have the right to do so on their own.
State-sponsored prayer during school hours is prohibited, but voluntary prayer by student groups before school is allowed.
"The [Tenth] Amendment states that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers." -United States v. Darby Lumber Co (1941) The Tenth Amendment most often comes into conflict with which section of the Constitution? HINT: The Tenth clarifies whether the federal or state government has authority in any given situation. The "full faith and credit" clause requires states to honor one another's laws, licenses, and so on. It does not, however, deal with infringements on state governments by the national government. Impeachment pertain only to the national government. The clause prohibiting states from coining money and entering into treaties appears in the body of the Constitution, which means that there is no conflict with the amendment. Only the elastic clause, creates an issue with the Tenth Amendment, as it allows Congress to pass new laws that would expand its authority over states' rights.
The "necessary and proper" clause
The United States in Congress assembled shall never engage in a war, nor grant letters of marque or reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same. ---The Articles of Confederation, 1781 The excerpt best supports which of the following arguments? HINT: The Articles gave more power to the states. Many of the powers of Congress in the Articles are identical to those granted to Congress by the Constitution. The Articles could not meet the challenges facing the new nation.
The Articles of Confederation created an inefficient national government.
The Commerce Clause should be limited to its proper sphere. The current approach under the Commerce Clause requires courts to defer to congressional judgment that a regulated activity has an effect upon interstate commerce, provided that there is any rational basis for that judgment. This standard grants judicial power to the legislative branch and removes an important check on legislative power. Deference to the judgment of a coequal branch of government on a specific issue is only appropriate where the Constitution gives that branch the power to decide that issue. Here, the Constitution grants the Judicial Branch the power to decide whether Congress is acting within its enumerated powers, so no deference is due. Simply put, "The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." -Texas Justice Foundation, Amicus Brief filed in United States v. Lopez 1993 Which of the following statements best summarizes the argument in the Texas Justice Foundation's brief?
The Court should uphold the process in place for determining the reach of the commerce clause.
"The [Tenth] Amendment states that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers." -United States v. Darby Lumber Co (1941) Which of the following actions would be justified by the Tenth Amendment?<o:p> HINT: Although the Tenth Amendment grants that states often have discretion in how they govern their own affairs, they do not have the legal right to circumvent federal law. The federal government can influence the states but cannot unduly coerce them.
The federal government provides financial incentives for state governments to expand Medicaid spending.
Which of the following was a belief of the Federalists during the Constitutional Convention of 1787? HINT: The failures of the Articles of Confederation had already shown the limitations of a unitary legislative branch. Slavery was widely supported by Anti-Federalists from agricultural areas. Anti-Federalists favored a small republic. The primary tenant of Federalist beliefs is that the power of the federal government should supersede that of the state governments.
The federal government should be stronger than state governments.
The central message of this cartoon is best summarized by which of the following statements? Link: https://www.google.com/search?safe=strict&q=life+liberty+and+the+pursuit+of+happiness+comic&tbm=isch&tbs=simg:CAQSlgEJ-EpXZ-mG1y8aigELEKjU2AQaBAgVCAMMCxCwjKcIGmEKXwgDEieTA60IlgOVA16OFP0JnQX-CYkUzz33M_1YzhziJPbg9hy2QLIg9iz0aMKD_1lwwnFemrS1BEHjCmPuX6ak2SoCfJO19UX9jJbqvGxqbzhreM8gnzazLtchVJZiAEDAsQjq7-CBoKCggIARIE_1TP0zww&sa=X&ved=0ahUKEwj7is_hv-nfAhXjlOAKHUcEDZMQwg4IKygA
The founding principles are more enduring than public opinion.
Which of the following events best reflects Montesquieu's ideas in action?
The impeachment of President Clinton in 1998
The objection to the plan of the Convention is the want of a constitutional provision for the trial by jury in civil cases. The insincere form in which this objection is stated has been exposed, but continues to be pursued. The mere silence of the Constitution in regard to civil causes, is represented as an abolition of the trial by jury in an effort to pretend abolition is universal, extending to civil and criminal causes. Every man must understand the difference between silence and abolition. The maxims on which the opponents' argument rely are of this nature: "The expression of one thing is the exclusion of another." Hence, they say, as the Constitution has established trial by jury in criminal cases, and is silent in respect to civil, this silence is an implied prohibition of trial by jury in regard to civil cases. Alexander Hamilton, Federalist No. 83, 1788 Which of the following statements is most consistent with Hamilton's argument in this passage?
The lack of specific reference to something in the Constitution does not mean it is disallowed.
In McCulloch v. Maryland (1819), which two provisions in the Constitution were upheld and strengthened?
The necessary and proper clause and the supremacy clause
Which of the following was a result of Shay's Rebellion?
The need to revise the Articles of Confederation was recognized
Which of the following options represents the majority opinion in U.S. v. Lopez?
The power of the federal government in relation to state governments is limited in this case.
All of the following are examples of concurrent powers EXCEPT
The power to coin money
"These two clauses have been the sources of much virulent invective and petulant declamation against the proposed constitution, they have been held up to the people, in all the exaggerated colors of misrepresentation, as the pernicious engines by which their local governments were to be destroyed and their liberties exterminated - as the hideous monster whose devouring jaws would spare neither sex nor age, nor high nor low, nor sacred nor profane; and yet strange as it may appear, after all this clamor, to those who may not have happened to contemplate them in the same light, it may be affirmed with perfect confidence, that the constitutional operation of the intended government would be precisely the same, if these clauses were entirely obliterated, as if they were repeated in every article." Alexander Hamilton, The Federalist paper number 33 Which of the following statements best summarizes Hamilton's argument?
The powers given the federal government by the Constitution will not destroy representative democracy.
Which of the following concepts did the ratification of the Constitution in 1788 most clearly commit to? HINT: Any good constitution specifies what a government is allowed to do, and also what it may not do. Eliminate any choice that does not match with the framers' intentions for the Constitution. The Constitution established a representative democracy, in which citizens vote for representatives who, in turn, act on their behalf and assume the nation's legislative and executive duties. The abolition of slavery was not committed to until the ratification of the Thirteenth Amendment in 1865. The Bill of Rights, which would protect the rights of the accused, was not ratified until 1791. By setting limits on the government with the Constitution, the framers hoped to prevent the government from seizing power, as the British monarchy had.
The principle of limited government
Which of the following statements best summarizes the passage? HINT: In The Spirit of the Laws, Baron de Montesquieu laid out his ideas for a just government. In this passage, he addresses the dangers of combining legislative and executive power in the same person or group. Montesquieu does not speak of international relations. The passage does not address people's reaction to tyranny. Montesquieu states that tyranny can happen in the situation he describes. Montesquieu says, "there can be no liberty" in a nation where the executive and legislative branches are the same person or group.
The separation of powers helps ensure liberty.
The Commerce Clause should be limited to its proper sphere. The current approach under the Commerce Clause requires courts to defer to congressional judgment that a regulated activity has an effect upon interstate commerce, provided that there is any rational basis for that judgment. This standard grants judicial power to the legislative branch and removes an important check on legislative power. Deference to the judgment of a coequal branch of government on a specific issue is only appropriate where the Constitution gives that branch the power to decide that issue. Here, the Constitution grants the Judicial Branch the power to decide whether Congress is acting within its enumerated powers, so no deference is due. Simply put, "The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." -Texas Justice Foundation, Amicus Brief filed in United States v. Lopez 1993 This passage best aligns with which of the following opinions in U.S. v. Lopez?
We hold that the Gun-Free School Zones Act exceeds the authority of Congress to regulate Commerce among the several States." -Justice Rehnquist
People who interpret the Tenth Amendment as greatly restricting the powers of the national government are often referred to as HINT: Federalists support the federal system or were members of the Federalist Party. Either way, federalis describes a person who supports a strong central government. The term isolationist refers to a person who believes the government should avoid involvement with foreign governments and nations. The term loose constructionist refers to a person who believes the national government should use the elastic clause to expand its powers. Loose constructionists argue that the national government may do anything not expressly forbidden by the Constitution. They do not see the Tenth Amendment as a significant limitation of federal power. States' Righters, believe the Constitution limits the national government to its specifically enumerated powers. They also believe the vast majority of governance should be left entirely to the states.
states' righters
The U.S. Constitution provides for representative government mainly HINT: The Constitution does not compel government to take steps to ensure that citizens find it easy to vote. The Constitution stipulates only that states cannot have more stringent voting requirements for federal elections than are used for elections to the state legislature's larger chamber.
through direct and indirect systems of election.
Which aspect of U.S. elections has proven to be the most susceptible to manipulation by lawmaking officials? HINT: Voter registration has been the aspect of U.S. elections most subject to manipulation by officials. After the Civil War, for example, the grandfather clause, poll taxes, and literacy tests were used by southern states to keep black Americans from registering to vote. Even today, states vary in the degree to which they make it easy for their residents to register. Some states require a government-issued ID as a condition of registration whereas others do not. Some states close their registration rolls a few weeks before Election Day whereas others allow registration even on Election Day. Some states allow residents to register by mail or online whereas others require them to register in person.
voter registration rules
