chapter 3 AP GOV

Wickard v. Filburn (1942)

- Precedent established: even things that have a "substantial" AFFECT on interstate commerce can be subject to federal regulation. (wheat case)

Cooperative Federalism-

-Both the federal and states' governments share equal powers when it comes to the nation. Often called "marble cake federalism"

McCulloch v. Maryland (1819)—

-established the legal precedent of implied and enumerated powers. (can the state tax a federal bank)

Gibbons v. Ogden (1824)—

-established the precedent of broad interpretation of Commerce Clause of the Constitution (new york ferry) -Gibbons: Court found that the Commerce Clause of the Constitutiondesignated power to Congress to regulate interstate commerce and created a broad definition of commerce included navigation

Dual Federalism-

-the federal government and the states' government have separate, but equal, powers. Also known as "layer cake federalism"

Eminent Domain? Example case?

1. 5th Amendment to the Constitution allows property to be taken for "public use" by the government provided the government gives fair compensation to owner 2. Kelo v. City of New London (loss of property)

5 constitutional clauses that have helped the federal government grow

#1. Power to lay and collect taxes (Tax & Spend) • #2. General Welfare Clause • #3. Commerce Clause (in Article I) • #4. Necessary and Proper Clause (Article I) - Conflict between Strict and Loose Constructionists - Conflict also between States' Rights advocates and proponents of a Strong National govt. - Potential Conflict with 10th Amendment • #5. Supremacy Clause (Article VI) - The Constitution and laws passed are the Supreme Law of land - Led to conflict over States' Rights advocates and proponents of a Strong National govt.

Federalism-

a form of government where a group of states, territories, etc., are governed by one central power.

according to james madison, which of the following best controls the effects of faction

a large republic

The workings of the federal system are sometimes called Select one: a. interstate relations. b. international relations. c. internal relations. d. intergovernmental relations. e. intrastate relations.

d. intergovernmental relations.

.In its McCulloch v. Maryland decision, the Supreme Court ruled in favor of Select one: a. judicial review. b. the supremacy of the states over the national government. incorrect c. judicial restraint. d. the supremacy of the national government over the states. e. Maryland in a dispute with the national government.

d. the supremacy of the national government over the states.

Which of the following is the best example of a categorical grant? Select one: a. Money given directly to private business for economic development b. Money given to states unconditionally c. Money given to states to spend at their discretion on transportation d. Money given to states for special education programs e. Money given to individuals in the form of tax rebates

d.Money given to states for special education programs

New Federalism-

federalism during the Reagan era; more power was given to the states' government

Block grants-

grants giving to state governments with little restrictions on how to handle the money

Unfunded mandates-

issues from the national government to the state governments, following a certain order without offering funds to aid the states in achieving the national government's requirement

Fiscal Federalism-

Federalism where the use of funds help support a national program.

U.S. v. Lopez

Issue: Does the Commerce Clause justify the federal government from issuing a ban on guns within school zones? --Gun-Free School Zones Act of 1990 -not related to commerce (1st case the court decides against the federal government since the depression)

Mandates--

Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

National Federation of Independent Business v. Sebelius

Question: • Can congress mandate that you purchase health insurance? -Includes Individual Mandate and significant expansion of Medicaid that states must offer. If they do not, states lose ALL Medicaid funds. --The individual mandate is not an appropriate use of Congress' power to "regulate interstate commerce' * However, it IS constitutional under Congress' power to "tax and spend"

horizontal federalism

activities, problems, and policies that require state governments to interact with one another

The Americans with Disabilities Act, which provides protections for the disabled, is an example of • (A) state supremacy • (B) horizontal federalism • (C) affirmative action • (D) dual federalism • (E) a federal mandate

c

The landmark case in which the Court broadly interpreteed Article 1, Section 8 of the Constitution, giving Congress the power to regulate interstate commerce and virtually every form of commercial activity is Select one: a. Marbury v. Madison b. Dred Scot v Sandford c. Gibbons v Ogden d. Printz v US e. McCulloch v Maryland

c. Gibbons v Ogden

Giving state governments greater discretion in deciding how to achieve the specific goals of welfare reform is an example of Select one: a. an unfunded mandate b. implied powers c. devolution d. affirmative action e. dual federalism

c.Devolution

All of the following are consequences of the federal system in the United States EXCEPT Select one: a. multiple points of access for interest groups b. decentralization of political conflict c. Inequality in government services across subnational entities. d. a strict division of power among levels of government e. opportunities for experimentation in government programs

d. a strict division of power among levels of government

The main instrument the national government uses to influence state governments is Select one: a. the Tenth Amendment. incorrect b. judicial review. c. mandates. d. grants-in-aid. e. presidential decrees.

d. grants-in-aid.

which of the following constitutional provisions broadened the power of congress?

the necessary and proper clause

which of the following is an example of checks and balances in action in the US government

the president vetoes a bill passed by congress

the clause in the US 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

Judicial Federalism-

when Supreme Court and the Judiciary have the ability to influence federalism.

--"Compassionate Use Act of 1996" --Gonzales v. Raich (2005)

• Proposition 215 was a proposition in the state of California on the November 5, 1996 ballot. It passed with 55.6% votes in favor 44.4% against by means of the initiative process. -unconstitutional under the interstate commerce clause (marijuana case for california) --- SCOTUS ruled the federal govt may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes since this would have a "substantial effect on interstate commerce" (Commerce Clause)