AP Gov: Chapter 3.4 and 3.5

The arguments against federal control over education can be BEST summarized with which statement? A. Education has traditionally been a state issue and the federal government has overstepped its boundaries. B. The federal government is too large to have a clear idea of the concerns within the educational system. C. State governments do a better job of ensuring equal educational opportunities than the federal government could ever do. D. Without the overhead of federal government, states can save money to put back into the educational system.

A

When the government asks states to implement a policy, but does not provide funds to assist in doing so, it is called: A. an unfunded mandate. B. a categorical grant. C. a block grant. D. fiscal federalism.

A

Which amendment has recently become an important tool in asserting state authority? A. the Tenth Amendment B. the Twelfth Amendment C. the Thirteenth Amendment D. the Fourteenth Amendment

A

Which is an example of a result of the victory in United States v. Windsor? A. A same-sex couple whose marriage will now be recognized by both their state of residence and the federal government. B. A same-sex couple whose marriage will be recognized and honored by all states. C. A same-sex couple whose marriage will be recognized by all states, but not at the federal level. D. A same-sex couple whose marriage will be treated the same as an opposite-sex marriage.

A

Which state has legalized the use of marijuana for recreational purposes? A. Oregon B. South Dakota C. Iowa D. Oklahoma

A

What is the overall significance of United States v. Lopez? A. It helps define the limits of the commerce clause. B. It reversed the trend of expanding national power. C. It allowed for the carrying of firearms in schools for protection. D. It gave back powers to the local law enforcement.

B

When the federal government provides states with tax money and no provisions on how that money should be spent, it is known as: A. redistribution of wealth. B. revenue sharing. C. a block grant. D. a categorical grant.

B

Which group assisted Edith Windsor in filing suit against the federal government? A. the ACLU B. the LGBT Community Center in New York C. the New York state government D. the Canadian government

B

How was the Every Student Succeeds Act different than No Child Left Behind? A. It did not require standardized testing. B. It gave more power to the federal government on curriculum content. C. It devolved more power to the state in setting educational standards. D. It set standards for education but did not provide states money to achieve them.

C

How is a categorical grant an example of expanding national power? A. States are under pressure from citizens to use the money wisely. B. By encouraging states to carry out important national policies. C. States depend on the money to maintain a policy that was implemented with a categorical grant. D. The government can add provisions to the grant at any time.

D

Once the Supreme Court agreed to hear the case, what was the responsibility of the United States? A. To prove that the Gun-Free School Zones Act did not violate any fundamental human rights. B. To prove that they were operating within their enumerated powers under the Constitution. C. To prove that schools fall under the authority of Congress and the necessary and proper clause. D. To prove that the Gun-Free School Zones Act regulated an activity that was related to interstate commerce.

D

"If states and local government's can do a better job, give them the funding to do it. We are going to end to making our money become Washington's money, so cities and states don't have to spend like the government tells them to."--Reagan C) Explain one way in which the national government uses grants in-aid to control state polices

Even under block grants the federal government requires that states spend money on particular programs identified by Congress. Uses categorical grants, so gov can influence their ideas. For example, fund states for school.

*Federalism and Public Education* What is the No Child Left Behind? What did states gain from it?

No Child Left Behind (NCLB) provided states with grant money, if they agreed to give standardized assessment tests to students at certain grade levels

What's an example(s) of a policy that increased state authority over implementing a federal program, and that states placed limits on receipt of welfare assistance and added work requirements to?

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and Temporary Assistance for Needy Families (TANF)

"If states and local government's can do a better job, give them the funding to do it. We are going to end to making our money become Washington's money, so cities and states don't have to spend like the government tells them to."--Reagan A) Describe the argument about federalism given in the quote

President Reagan was concerned about the "money merry-go-round" where Washington overly taxes Americans, and shares some of that tax revenue with the states, and then dictates to states what to do with that money. He is alluding to devolution, and the states should be responsible for themselves.

What issues are likely to challenge the balance of power between the national and state governments in the rest of the twenty-first century?

The corona virus

Under what circumstances should the national government transfer more authority in policymaking back to the states and local governments?

When it involves education, and the freedom teaches should have to teach.

What is fiscal federalism?

the federal government's use of grants-in-aid to influence policies in the states

What are unfunded mandates?

the national government requiring states to pay for programs without providing funds -->Americans with Disabilities Act (1990) -->Clean Air Act -->Medicaid -->No Child Left Behind Act of 2001

What tool is used by the federal government to achieve policy objectives within states?

grants-in-aid

What's the controversy over federalism and public education?

national government has too much control over local and state public education

What are categorical grants?

provided to states with specific provisions ($) on their use (government's purpose) -->Limited in how states can spend funding

Which statement BEST summarizes the case of United States v. Lopez? A. Congress had violated the commerce clause when creating the Gun-Free School Zones Act. B. Congress had violated the Second Amendment when creating the Gun-Free School Zones Act. C. Congress had violated the full faith and credit clause when creating the Gun-Free School Zones Act. D. The Gun-Free School Zones Act was in conflict with Texas state law.

A

Which statement BEST describes Justice Kennedy's opinion in Obergefell v. Hodges? A. The Constitution allows for the right of marriage, including same-sex marriage. B. The right to marry is a fundamental right. C. The Defense of Marriage Act is unconstitutional as a whole. D. States must recognize and honor all types of marriages.

B

*United States v Lopez* What is the background, question, majority decision, and reasoning? Hint: Alfonso Lopez Gun-Free School Zones

BACKGROUND: Alfonso Lopez brought a gun to school and was charged with violating the Gun-Free School Zones Act of 1990 QUESTION: Is the Gun-Free School Zones Act unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? MAJORITY DECISION: 5-4 decision against Lopez, "the possession of a gun in a local school is in no sense an economic activity that might... substantially affect any sort of interstate commerce." REASONING: If bringing a gun to school was commerce, then anything could be commerce - too much of a limit on state police powers

*Gonzales v Raich* What is the background, question, majority decision, and reasoning? Hint: The Supreme Court Decides over medical marijuana

BACKGROUND: Angel Raich and Diane Monson grew medical marijuana in their homes under the supervision of a doctor under a California law QUESTION: Does the power of the federal government to ban marijuana under the Controlled Substances Act supersede California's legalization of medical marijuana? MAJORITY DECISION: 6-3 decision against Raich and Monson, the federal government can control the market for marijuana under the interstate commerce clause REASONING: "the CSA regulates quintessentially economic activities: the production, distribution, and consumption of commodities for which there is an established, and lucrative, interstate market"

*United States v Windsor* What is the background, question, majority decision, and reasoning? Hint: Edith Windsor and Thea Spyer's same-sex marriage

BACKGROUND: Edith Windsor and Thea Spyer's (a same-sex couple) marriage was not recognized by federal law. When Thea passed away, Edith had to pay more than $350,000 in federal estate taxes. Had they been an opposite-sex couple, she would have been exempt. QUESTION: Is DOMA (Defense of Marriage Act), which defined marriage as between a man and a woman, constitutional? MAJORITY DECISION: 5-4 decision for Windsor, the section of DOMA classifying only opposite-sex marriages as legal under federal law was unconstitutional REASONING: The federal government cannot infringe on marriage as a state power

*Obergefell v Hodges* What is the background, question, majority decision, and reasoning? Hint: Same-sex marriage and death certificate

BACKGROUND: James Obergefell and John Arthur were married in Maryland, but in their home state Ohio, their marriage was not legal. James could not be listed as the surviving spouse on Arthur's death certificate. QUESTION: Can the states deny same-sex couples the same legal rights as opposite-sex couples? MAJORITY DECISION: 5-4 decision for Obergefell, states cannot deny same-sex couples the same protections of fundamental civil liberties that opposite-sex couples have REASONING: "the right to marry is a fundamental right inherent in the liberty of the person" - Justice Kennedy

"If states and local government's can do a better job, give them the funding to do it. We are going to end to making our money become Washington's money, so cities and states don't have to spend like the government tells them to."--Reagan B) Explain one way in which block grants devolve power from the national government to the states

Block grants are federal money directed to the states to implement broad programs, where states have discretion in determining how best to administer those programs, and that represents a transfer in power from the federal to the state government. Allows states to influence how to spend the government's money.

In the case of Angel Raich and Diane Monson, the question was: A. whether or not marijuana was legal. B. whether or not marijuana could be used for medical purposes. C. whether or not state law superseded federal law. D. whether or not the national government had the power to ban marijuana.

C

Money from the national government that is given to the states for the purpose of carrying out public policy that the national government has deemed important is known as: A. categorical grants. B. unfunded mandates. C. grants-in-aid. D. block grant.

C

Under the Obama Administration, how did the Justice Department handle enforcing the Controlled Substances Act? A. Obama directed them to allow the use of marijuana under all circumstances. B. Their authority was over harder substances like heroin and LSD instead. C. The Justice Department was to focus on drug trafficking. D. Their authority was over those who were not in compliance with a state law.

C

What was the argument Edith Windsor used when she sued the federal government? A. She claimed that since her state recognized her marriage, the federal government should, too. B. She argued that her marriage was legitimate and should be recognized under the Tenth Amendment. C. She stated that her marriage should be recognized at the federal level based on due process laws. D. She claimed that she should not be responsible for estate taxes unless the federal government recognized her marriage as legitimate.

C

Which president was responsible for passing the Defense of Marriage Act? A. Ronald Reagan B. Richard Nixon C. Bill Clinton D. Barack Obama

C

Why did the Supreme Court rule against Raich and Monson even though their marijuana usage was for personal reasons? A. Marijuana was illegal, and it did not matter what the purpose for using it was. B. Marijuana was considered a commodity that would have to be regulated by the federal government. C. There is a market for marijuana that substantially impacts interstate commerce. D. There is no proven benefit of using marijuana for medical purposes.

C

Upon his nomination for the Republican Party in 1980, Reagan promised: A. to implement more social welfare programs. B. to increase the scope of the national government. C. to decrease the use of unfunded mandates. D. to devolve power back to the states.

D

What was the main purpose of Lyndon Johnson's the Great Society? A. To give states more power that had been encroached upon in previous years. B. To deliberately expand the role of the national government. C. To add more programs to Roosevelt's New Deal. D. To create programs that would ensure funds given to states would not discriminate against minorities.

D

Which is a function of block grants? A. Ensuring that states are spending the funds in accordance with the provisions. B. The funds are to be used for the purpose of improving health-care systems in that state. C. States must use the funds to support low-income and minority families. D. Funds are provided in a way that increases state and local authority on how the funds are spent.

D

Which key figure has lessened the possibility for relaxed laws on marijuana? A. President Obama B. President Trump C. Attorney General Gonzales D. Attorney General Sessions

D

Which state spends more per-pupil? A. California B. Iowa C. South Dakota D. New York

D

Which statement BEST describes the concept of fiscal federalism? A. The national government using grants-in-aid to influence votes in states. B. The national government using grants-in-aid to assist states in debt. C. The national government using grants-in-aid to achieve federal policy goals. D. The national government using grants-in-aid to influence state policies.

D

Which statement BEST describes the trend of federal authority in the second half of the twentieth century? A. Federal authority decreased after the Great Depression. B. Federal authority decreased after Roosevelt's presidency. C. Federal authority increased and expanded into public education. D. Federal authority increased and expanded into the economy.

D

Why is U.S. v Lopez Federalism

Demonstrate power coming back to the states and restricts powers of the national government

Under the Every Student Act (ESSA) of 2015, states are required to test students in reading and math once a year in grades 3 and up. They must test science in middle and high school, and schools that fail to comply will lose federal funding. Make and argument that the ESSA is either constitutional or unconstitutional

Pro: It is constitution because in the Constitution's Commerce Clause, the business of education is a form of interstate commerce which Congress can regulate, and according to the Necessary and Proper Clause, it is "necessary and proper" to facilitate regulation of interstate commerce. Con: It is against the Constitution because the tenth amendment reserves power to the states any power not delegated to the federal government.

When did devolution start? What is revenue sharing?

Started and continued under Republican presidents and Congresses (Nixon, Reagan, "Contract with America") Revenue sharing: when the federal government apportions tax money to the states with no strings attached (ended because too costly)

*Federalism and Public Education* When did it start? Why did the national government provide grant money to states?

Starting in the 1960's, the national government provided grant money to states to create more opportunity for low-income areas

Will the power of the national government grow or will states successfully reassert their powers in the twenty-first century?

States will gain more power due to devolution. However if the court is conservative, the government will gain more power.

*Devolution* Returning more authority to ____ or ___ governments What are block grants?

state or local Block grants: 1) Tactic of devolution 2) A form of grant-in-aid that gives the state more control over how to disperse federal funds --> Gov gives money and states spend it the way they want