01.06 Federalism

"The basic problem is that the language of the Tenth Amendment appears to assume a clear demarcation of state and federal domains of authority. This conception, sometimes termed "dual federalism," no longer comports with reality. The areas of society subject to federal regulation have grown significantly over time." —Robert Schapiro, Professor of Law What constitutional clause could have enabled the trend that Schapiro describes in this excerpt?

Necessary and proper

Which statement best identifies and explains a constitutional clause connected to McCulloch v. Maryland (1819)?

Necessary and proper, because Congress can make any laws essential to fulfill its role.

Which statement best explains concurrent powers?

State governments share some powers with the national government.

Which statement describes the supremacy clause?

States are expected to defer to all laws made by the national government.

In United States v. Lopez (1995), the Supreme Court ruled that Congress

exceeded its authority under the commerce clause

According to United States v. Lopez (1995), the Gun-Free School Zones Act of 1990

infringes on the reserved powers of the states

According to the ruling in McCulloch v. Maryland (1819), the necessary and proper clause

supports the enumerated powers of Congress

In McCulloch v. Maryland (1819), the Supreme Court ruled that Congress has the power

to make any law necessary to fulfill its role

In a 1942 ruling, the Supreme Court determined that a local farmer who grew wheat to feed his animals was still subject to the regulation of Congress, even if his wheat did not leave the state. Which constitutional clause does this decision best relate to?

Commerce

Which statement best explains implied powers?

Congress is granted powers through the necessary and proper clause.