Unit 1 AP Gov Test

The decision in United States v. Lopez (1995) reflected new ideas about federalism at the time that can be best characterized by which of the following?

A delegation of power from the federal government to state governments, increasing state and local sovereignty Explanation: The Lopez decision stated that Congress had exceeded its authority to regulate all guns because the Gun-Free School Zones Act of 1990 did not have a substantial impact on interstate commerce.

"[A] pure democracy... can admit of no cure for the mischiefs of faction. . . . [S]uch democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. . . . The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended. . . . [I]t may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people." James Madison, The Federalist 10 Which of the following sections of the United States Constitution most concerns Madison according to the passage?

Article I, Section 2—"The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature." Explanation: Article I, Section 2, of the Constitution establishes that system of representation. Madison generally supports this idea but also expresses concern that it could lead political leaders taking office who betray the public trust.

Which of the following is the correct pairing of powers found in the Articles of Confederation and powers found in the Constitution?

Articles of Confederation= unicameral legislature United States Constitution= bicameral legislature Explanation: Under the Articles of Confederation, legislation was approved by the unicameral Congress of the Confederation. The United States Constitution established a bicameral legislature consisting of the Senate and House of Representatives.

The next most palpable defect of the subsisting Confederation, is the total want of a SANCTION to its laws. The United States, as now composed, have no powers to exact obedience, or punish disobedience to their resolutions, either by pecuniary [fines], by a suspension or divestiture of privileges, or by any other constitutional mode. There is no express delegation of authority to them to use force against delinquent members; and if such a right should be ascribed to the federal head, as resulting from the nature of the social compact between the States, it must be by inference and construction... There is, doubtless, a striking absurdity in supposing that a right of this kind does not exist. . . Alexander Hamilton, The Federalist 21 Based on The Federalist 21, which of the following arguments about government would Hamilton likely agree with?

As a practical matter, the laws of the national government ought to have supremacy over state laws. Explanation: Hamilton argues in the passage that the concept of a social contract grants the national government power over the states.

Herblock, Washington Post, 1949 Political Cartoon Which of the following policies would the states most likely prefer according to the political cartoon?

Block grants Explanation: Block grants provide money to states without great oversight by the federal government, which appeals to states, according the cartoon.

Too often, we take our form of government for granted, not fully appreciating its unique and exceptional qualities. The framers of our Constitution, having revolted against tyranny, bequeathed to the nation, and to us as its citizens, a form of government with checks and balances intended to assure that we would never, as a nation, be subject to the abuses we experienced as a colony under a monarchy. . . . We should appreciate that the separation of powers enshrined in our Constitution was modeled on the constitutions and declarations of the states, where the separation of powers was equally observed. Mirroring our U.S. Constitution, 40 state constitutions now specify that government is to be divided into three branches: legislative, executive, and judicial. The separation of powers at the state level, with an independent executive, legislature, and judiciary, is also one of the fundamental tenets of our democracy. What often gets lost in translation is how dynamic the competition among the branches of government has been, and how much stronger we are as a country because of that ongoing debate. It has been said that the Constitution is not just a historic document, but a living participant in who we are as a nation. Out of the continuing effort to assure the separation of powers, we have built a system of government that functions remarkably well. Although the powers ascribed to each of the three branches may sometimes appear to swing like a pendulum, we have continuously reconsidered and recentered our understanding of the authority and limitation of each of these branches. Linda Leali, "Reflecting on the Great Gift of the Separation of Powers," Daily Business Review, 2018 Which of the following best explains how the view of the author of the passage compares with The Federalist 51 regarding separation of powers and checks and balances?

Both the author of the passage and The Federalist 51 assert that the structure of government helps control ambitions among the branches in such a way as to promote effective government. Explanation: Both the author and The Federalist 51 assume that branches are ambitious, which leads to good government.

In The Federalist 10, James Madison argued that the new constitution would help control faction by doing which of the following?

By creating a large republic, the new constitution made it less likely that a faction could gain enough power to completely dominate. Explanation: Madison argued that a large republic would prevent factions from coordinating and gaining undue influence.

In many places, classrooms are overcrowded and curricula are outdated. Most of our qualified teachers are underpaid, and many of our paid teachers are unqualified. So we must give every child a place to sit and a teacher to learn from. Poverty must not be a bar to learning, and learning must offer an escape from poverty. But more classrooms and more teachers are not enough. We must seek an educational system which grows in excellence as it grows in size. This means better training for our teachers. It means preparing youth to enjoy their hours of leisure as well as their hours of labor. It means exploring new techniques of teaching, to find new ways to stimulate the love of learning and the capacity for creation.... . . . While our Government has many programs directed at those issues, I do not pretend that we have the full answer to those problems. But I do promise this: We are going to assemble the best thought and the broadest knowledge from all over the world to find those answers for America. I intend to establish working groups to prepare a series of White House conferences and meetings... on the quality of education, and on other emerging challenges. And from these meetings and from this inspiration and from these studies we will begin to set our course toward the Great Society. The solution to these problems does not rest on a massive program in Washington, nor can it rely solely on the strained resources of local authority. They require us to create new concepts of cooperation, a creative federalism, between the National Capital and the leaders of local communities. President Lyndon B. Johnson, May 22, 1964 Which of the following actions did President Johnson suggest he would take to address problems in public schools?

Calling on experts to advise the federal government in finding ways to improve public education

Which of the following sets of Supreme Court cases best illustrates how views of federalism have shifted in the United States?

Case 1: McCulloch v. Maryland (1819) Case 2: United States v. Lopez (1995) Explanation: McCulloch v. Maryland established that states did not have the power to tax federal institutions, such as the Bank of the United States. United States v. Lopez demonstrated a shift in federal authority by ruling that the federal government could not establish gun- free zones under the commerce clause.

Refer to the passage for the following question. I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view and warn you in the most solemn manner against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty. Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.... It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. George Washington's Farewell Address, 1796 In what respect does the Constitution address Washington's concern regarding the "spirit of encroachment" expressed in the excerpt?

Distributing power across national institutions was designed to address the "spirit of encroachment" mentioned in the passage.

In 2005, the Utah legislature passed a law that allowed school districts to ignore parts of the No Child Left Behind Act (NCLB), a law passed by Congress in 2001 that supported standards-based education reform. Utah did this despite the fact that it endangered losing $76 million in federal aid to Utah public schools. Which of the following statements best explains why Utah took this action?

Educational policy is not mentioned in the Constitution, which has created debate about the proper role for the national government in educational policy. Explanation: Educational policy is not mentioned in the Constitution, which has led to negotiations between the states and the national government over education.

Too often, we take our form of government for granted, not fully appreciating its unique and exceptional qualities. The framers of our Constitution, having revolted against tyranny, bequeathed to the nation, and to us as its citizens, a form of government with checks and balances intended to assure that we would never, as a nation, be subject to the abuses we experienced as a colony under a monarchy. . . . We should appreciate that the separation of powers enshrined in our Constitution was modeled on the constitutions and declarations of the states, where the separation of powers was equally observed. Mirroring our U.S. Constitution, 40 state constitutions now specify that government is to be divided into three branches: legislative, executive, and judicial. The separation of powers at the state level, with an independent executive, legislature, and judiciary, is also one of the fundamental tenets of our democracy. What often gets lost in translation is how dynamic the competition among the branches of government has been, and how much stronger we are as a country because of that ongoing debate. It has been said that the Constitution is not just a historic document, but a living participant in who we are as a nation. Out of the continuing effort to assure the separation of powers, we have built a system of government that functions remarkably well. Although the powers ascribed to each of the three branches may sometimes appear to swing like a pendulum, we have continuously reconsidered and recentered our understanding of the authority and limitation of each of these branches. Linda Leali, "Reflecting on the Great Gift of the Separation of Powers," Daily Business Review, 2018 Which of the following is a consequence of the dynamic competition among branches of government described in the passage?

Effective policy change among governmental levels and branches occurs with little long-term abuse of authority. Explanation: The competitive nature of the branches and levels of government described in the passage can lead to what is often termed "multiple access points" for groups seeking public policy change. This results in policy change being initiated by different institutions of government, while maximizing citizen input and minimizing abuse of power.

Which of the following constitutional principles best explains why there is variation among states on the use of capital punishment?

Federalism Explanation: Federalism allows states to develop their own policies, and so it explains variation among the states.

In 1974, the House of Representatives approved a resolution granting the Judiciary Committee authority to investigate impeachment of President Nixon for obstruction of justice, abuse of power, and contempt of Congress. Which constitutional ideal of democracy is demonstrated in this scenario?

Limited Government Explanation: President Nixon, although president, was not all-powerful, and Congress initiated the impeachment process to hold him accountable for his actions, showing there are limits on the office.

In 2015, the United States Supreme Court decided the case Obergefell v. Hodges (2015), which ruled that states must recognize same sex couples' right to marry. Which of the following ideals of democracy would the attorneys for the same sex couple most likely put forth as their argument?

Natural rights of life and liberty include the right to marry whom you choose. Explanation: The attorneys would most likely argue that the natural rights of life and liberty include the right to choose whom you marry.

"[A] pure democracy... can admit of no cure for the mischiefs of faction. . . . [S]uch democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. . . . The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended. . . . [I]t may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people." James Madison, The Federalist 10 Which of the following statements best reflects James Madison's beliefs about political representation as expressed in the passage?

People are best represented by a few politicians chosen to voice their issues. Explanation: Madison does admit representatives may harbor local prejudices that would interfere with effective governing, but it is not a sufficient concern to override his argument for the benefits of a representative government.

The Declaration of Independence states "Governments are instituted among Men, deriving their just powers from the consent of the governed." This was a revolutionary change from the system of British monarchy, which was based on the divine right of kings. For which of the ideals of democracy does this quote provide a foundation?

Popular sovereignty Explanation: "Consent of the governed" sets the foundation for popular sovereignty.

The author explains that the powers given to each branch "sometimes appear to swing like a pendulum" from one branch to another. Which of the following best describes how these shifts ensure that constitutional government is functional?

Separation of powers divides responsibilities and authority between branches, which allows each branch to be checked by the other two branches to ensure accountability. Explanation: Shifts in power seem to defy the constitutional structure that divides the branches of government. However, the checks on each branch are designed to override those divisions, especially during times when one of the branches needs to be checked.

Herblock, Washington Post, 1949 Political Cartoon Which of the following is the most accurate interpretation of the political cartoon?

State governments prefer federal funding but do not want federal oversight over how the money is spent. Explanation: The cartoon suggests that states want federal money, depicted by the money bag offered by Uncle Sam, but do not want federal oversight, depicted by the gesture of rejection given by the "states' rights" advocate to the paper that says "federal authority" held by Uncle Sam.

Which of the following is an accurate description of the decision in United States v. Lopez (1995) ?

The Gun-Free School Zones Act of 1990 was struck down as unconstitutional because it exceeded the commerce clause. Explanation: United States v. Lopez decided that the Gun-Free School Zones Act was unconstitutional because it exceeded the authority of the federal government based on the application of the commerce clause.

The next most palpable defect of the subsisting Confederation, is the total want of a SANCTION to its laws. The United States, as now composed, have no powers to exact obedience, or punish disobedience to their resolutions, either by pecuniary [fines], by a suspension or divestiture of privileges, or by any other constitutional mode. There is no express delegation of authority to them to use force against delinquent members; and if such a right should be ascribed to the federal head, as resulting from the nature of the social compact between the States, it must be by inference and construction... There is, doubtless, a striking absurdity in supposing that a right of this kind does not exist. . . Alexander Hamilton, The Federalist 21 In the passage, Hamilton is concerned that under the Articles of Confederation, the federal government does not have sufficient constitutional powers to gain compliance from state governments. Which of the following is a way that the Constitution allows the federal government to address this problem?

The federal government can pass laws that allow it to fine or tax individuals directly. Explanation: By fining or taxing individuals, the federal government is able to exert its powers and ensure compliance with its laws.

The next most palpable defect of the subsisting Confederation, is the total want of a SANCTION to its laws. The United States, as now composed, have no powers to exact obedience, or punish disobedience to their resolutions, either by pecuniary [fines], by a suspension or divestiture of privileges, or by any other constitutional mode. There is no express delegation of authority to them to use force against delinquent members; and if such a right should be ascribed to the federal head, as resulting from the nature of the social compact between the States, it must be by inference and construction... There is, doubtless, a striking absurdity in supposing that a right of this kind does not exist. . . Alexander Hamilton, The Federalist 21 Which of the following scenarios illustrates a solution for the problem of getting states to comply with federal government policies, as described in the passage?

The federal government can withhold highway funds from states that do not raise the age to drink alcohol to 21. Explanation: The federal government has monetary power, which can be used to coerce the states to agree to the policies that it wants, such as setting the age to drink alcohol to 21.

Which of the following is an accurate description of the decision in McCulloch v. Maryland (1819) ?

The federal government had the authority to establish a national bank, and Maryland's tax was unconstitutional. Explanation: In McCulloch v. Maryland, the Supreme Court affirmed that the federal government had certain implied powers not explicitly listed in the Constitution, such as establishing a national bank exempt from punitive state taxes.

In the early part of the twenty-first century, public opinion polls showed that a majority of Americans believed it should be illegal to burn the American flag. As a result, many members of Congress introduced amendments to make it illegal to burn or desecrate the American flag. However, these efforts have been unsuccessful. Which of the following statements best explains why these efforts have been unsuccessful?

The framers made the amendment process difficult in order to protect individual rights. Explanation: The amendment process is very difficult. It requires supermajorities in both Congress and among the states. This was done to protect against government abuse.

Which of the following is an example of how separation of powers creates friction between the executive and legislative branches in the policy-making process?

The president threatens to issue an executive order for stricter gun control if Congress continues to refuse to take action. Explanation: The president's threat to legislate by executive order creates friction with the legislative branch, since passing laws is within the legislature's purview.

By using the phrase "creative federalism," President Johnson is most likely referring to which of the following features of the American system?

The relationship between the federal and state governments evolves over time and flexible enough to permit new forms of interaction. Explanation: Johnson is referring to the evolving relationship between levels of government.

Which of the following features of the United States Constitution would most concern the author of Brutus 1?

The supremacy clause, which gives the federal government supremacy over states Explanation:In Brutus 1, the author argues that these two clauses, in particular, gave the national government nearly unlimited power.

In the 1780s, proponents of the new Constitution cited Shays' Rebellion as an example in support of which of the following criticisms of the national government under the Articles of Confederation?

There was a lack of a national military power to address security concerns. Explanation: The inability of the national government to respond militarily to Shays' Rebellion showed that the government was not very strong.

Concurrent powers have which of the following effects on the United States political system?

They make it possible for the states and the national government to simultaneously exercise influence in the same areas of public policy. Explanation: Concurrent powers are powers that both states and the national government have. They make it possible for states and the national government to simultaneously exercise influence in the same areas of public policy.

"[A] pure democracy... can admit of no cure for the mischiefs of faction. . . . [S]uch democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. . . . The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended. . . . [I]t may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people." James Madison, The Federalist 10 Which of the following best describes Madison's primary concern about representative government?

Those who seek to represent the people may be tempted to act in their own interests instead. Explanation: Madison expresses concern that representatives will be led by self-interest and faction to betray the will of the people they represent.

Refer to the passage for the following question. I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view and warn you in the most solemn manner against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty. Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.... It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. George Washington's Farewell Address, 1796 Which of the following newspaper headlines best summarizes the excerpt from Washington's Farewell Address?

Washington Warns of Dangerous Party Factions Explanation: "Washington Warns of Dangerous Party Factions" is the newspaper headline that best summarizes Washington's Farewell Address.

Brutus was an example of an Anti-Federalist because he...

believed a centralized government posed a major threat to individual rights Explanation: Anti-Federalists believed that a centralized government would harm individual rights, a view which was espoused by Brutus.

Throughout most of the nineteenth and twentieth centuries, most African Americans were prevented from voting in many Southern states despite the Fifteenth Amendment, which extended the right to vote to African American males. Southern states were able to take this action because

the framers allowed the individual states to create voting processes and voter qualifications Explanation: The framers left the issue of voter qualifications and process up to the individual states. This allowed the Southern states to circumvent the Fifteenth Amendment.