Ch 3 Federalism and the Separation of Powers

Which of the following statements about federal aid are accurate?

- Grants-in-aid as a percentage of state and local budgets dropped dramatically in the 1980s. - Grants-in-aid as a percentage of federal domestic programs are slightly lower now than in 1960.

How did the Supreme Court case of Gibbons v. Ogden influence federalism?

- It established the federal government's powers to regulate interstate commerce. - It increased the powers of the federal government.

How has regulated federalism influenced state-to-state variation on transportation policy?

- It has made for more uniform state-to-state transportation policies. - It has reduced the variation in local-government transportation policies across a particular state.

How did the case of McCulloch v. Maryland increase national government power?

- It ruled that Congress's power to create the bank was "implied" in the Constitution. - It ruled that Maryland could not tax the national government.

Which of the following powers did the state governments have before the ratification of the Constitution?

- States could adopt trade barriers with foreign companies. - States could make their own trade agreements with foreign countries. - States could tax the products of other states.

How has the separation of powers in the Constitution been effectively maintained?

- giving each branch of government the means to participate in the workings of other branches - giving each branch of government the means to obstruct the workings of other branches

Which of the following powers are held at the state level?

- the right to seize property for a public purpose - the power to regulate your ability to get a plumbers' license - the right to define property rights

In the era of dual federalism, which ended in the _______, the_________ did most of the governing.

1930s, state governments

Under the Obama administration's stimulus package, federal aid became the single largest source of state revenue for one year. Was this in 2005, 2008, 2010, or 2012?

2010 In 2010, federal aid accounted for more than 35% of state budgets Federal aid increased due to the stimulus package, which helped state and local governments weather the recession, before falling back to the slightly more normal level of about 33%

What's the term for the form of federalism that prevailed after the 1930s?

Cooperative [federalism]

Which of the following statements about judicial review are accurate?

Correct answers: - The supreme court did not review any congressional actions from 1803 to 1857 - The Supreme Court invalidated the entire New Deal program in the 1930s Incorrect Answers: - The Supreme Court has been more confrontational toward the president since the New Deal - The Supreme Court has been more differential to Congress since the 1980s.

regulated federalism

A form of federalism in which Congress imposes legislation on state and local governments that requires them to meet national standards.

state sovereign immunity

A legal doctrine holding that states cannot be sued for violating an act of Congress.

Before the 2015 Obergefell case legalized same-sex marriage across the United States, several states refused to recognize same-sex marriages granted in other states. This potentially violated which clause of the Constitution?

Full faith and credit

grants-in-aid

Funds given by Congress to state and local governments on the condition that they be used for a specific purpose.

categorical grants-in-aid

Funds given to states and localities by Congress that are earmarked by law for specific policy categories, such as education or crime prevention.

Match the following Supreme Court cases to the effect its ruling had on the direction of power in the federalist system: did the states get more powerful, or did the federal government?

Gave power to the state - United States v. Lopez - Printz v. United States - Murphy v. NCAA Gave power to the federal government - McCulloch v. Maryland - Gibbons v. Ogden

comity clause

Article IV, Section 2, of the Constitution, which prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner.

concurrent powers

Authority possessed by both state and national governments, such as the power to levy taxes.

The Constitution gives different levels of government different powers. Match the following government powers to the level of government the Constitution originally empowered.

State governments - develop criminal cods - define private property National government - establish currency - declare war City governments: N/A

What is the source of local governments' authority?

Stave governments give local governments authority

How would the Antifederalists feel about the expansion of the national government's scope of authority since the ratification of the Constitution?

They would oppose to the more powerful national government

Drag each checking power to the label that accurately specifies that checking power of one branch over another.

Executive over legislative: - veto over legislation Judicial over legislative: - declare laws unconstitutional Legislative over over executive: - impeach and remove president Legislative over judicial: - change size and number of justices Judicial over executive: - declare actions unconstitutional Executive over judicial: - refuse to enforce decisions

According to Article VI of the Constitution, when state laws and federal laws are in conflict, the state law will likely be favored over the federal law.

False

The Supreme Court has consistently adopted a pattern of judicial restraint.

False

The difference between project grants and formula grants is really in the name, the procedures and funding turned out to be the same.

False

Match the type of power to the correct level of government.

Federal - implied - expressed State - reserved Federal and State - concurrent

Determine whether each of the following is an example of the full faith and credit clause or the comity clause.

Full faith and credit clause - A marriage license granted in one state must be recognized in all the others. - You can drive from one side of the country to the other without having to stop and get a new driver's license in each state. Comity clause - A state cannot deny welfare benefits to new residents just because they have only recently moved to that state. - A state must charge all people the same sales tax rates on groceries.

formula grants

Grants-in-aid for which a formula is used to determine the amount of federal funds a state or local government will receive.

project grants

Grants-in-aid for which state and local governments submit proposals to federal agencies, which provide funding for them on a competitive basis.

sovereignty

Independent political authority.

How did the "necessary and proper" clause influence the national government's scope of authority over time?

It led the national government to gradually claim more influence over state government.

How did the Bill of Rights influence federalism?

It limited the government's powers from what was specified in the Constitution

Why was the Supreme Court's decision in National Labor Relations Board v. Jones & Laughlin Steel Corporation a key case in federalism?

It was the first time the Court ruled in favor of the national government regulating manufacturing activities.

Determine which kind of business concerns the national government was able to regulate during the period that the states' rights coalition dominated Congress.

National Government Did Regulate - gas pipelines - railroads National Government did NOT regulate - child labor - fraud

unfunded mandates

National standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursement.

implied powers

Powers derived form the necessary and proper clause (Article I, Section 8) of the Constitution. Such powers are not specifically expressed in the Constitution but are implied through the interpretation of delegated powers.

reserved powers

Powers that are not specifically delegated to the national government or denied to the states by the Constitution. Under the Tenth Amendment, these powers are reserved to the states.

executive privilege

The claim that confidential communications between a president and close advisers should not be revealed without the consent of the president.

commerce clause

The clause, found in Article I, Section 8, of the Constitution, that delegates to Congress the power "to regulate Commerce with foreign Nations, and among the several States and with the Indian Tribes."

divided government

The condition in American government in which one party controls the presidency, while the opposing party controls one or both houses of Congress.

The Constitution recognizes the sovereignty of which levels of government?

The national government and state governments.

home rule

The power delegated by a state to a local unit of government to manage its own affairs.

legislative supremacy

The preeminent position within the national government that the Constitution assigns to Congress.

states' rights

The principle that states should oppose the increasing authority of the national government. This view was most popular before the Civil War.

full faith and credit clause

The provision in Article IV, Section 1, of the Constitution, requiring that each state normally honor the governmental actions and judicial decisions that take place in another state.

eminent domain

The right of the government to take private property for public use, with reasonable compensation awarded to the owner.

federalism

The system of government in which a constitution divides power between a central government and regional governments.

cooperative federalism (intergovernmental cooperation)

The system of government that has prevailed in the United States since the New Deal era (beginning in the 1930s), in which grants-in-aid have been used strategically to encourage states and localities to pursue nationally defined goals.

dual federalism

The system of government that prevailed in the United States from 1789 to 1937, in which most fundamental governmental powers were shared between the federal and state governments, with the states exercising the most important powers.

In McCulloch v. Maryland, the Supreme Court ruled in favor of expanded powers for the federal government.

True

The Supreme Court typically opposed Franklin Delano Roosevelt's attempts to expand the power of the national government.

True

When is the power struggle between the president and Congress most intense?

Under divided government [When one party controls the Congress and the other party controls the presidency, fights between the branches can become quite pronounced.]

If a state gave residents preference in obtaining work at the state's utility provider, this would likely violate which of the following constitutional clauses?

comity clause "privileges and immunities"

In United States v. Nixon, the Supreme Court ruled that _________ protected the confidentiality of the president's __________, but that there were limits to this power.

executive privilege, communications

Beginning in the 1930s, many of the partnerships between the national government and the state and local governments were facilitated by which of the following?

grants-in-aid

Part of the New York state constitution specifies that the state legislature cannot pass laws that effect New York City without first getting the city's approval. What concept is this an example of?

home rule

What were the Founders' intentions in separating the powers in the federal government?

making the government more likely to protect liberty

The framers provided for legislative supremacy by making the ______ government provisions in Article I apply to Congress and giving it sole power over ________.

national, appropriations

In cases such as McCulloch v. Maryland and Gibbons v. Ogden, the early Supreme Court tended to favor the _______ government(s). This changed in the mid-1800s, and from then until the 1930s the Supreme Court tended to favor the _______ government(s).

national, state

Though not in the Constitution, and used ________, the power of _______ makes the Supreme Court a coequal branch of government.

rarely, judicial review

Congress began using categorical grants-in-aid in the 1930s to promote ____________ policies. Since then, the number of policies receiving grants-in-aid have gone________ dramatically.

specific, up

Which of the following prohibits private citizens from suing state governments over a state law in federal court?

state sovereign immunity [assured by the Eleventh Amendment, limits the federal government's power over the states.]