Unit 1 Test 2023

The Commerce Clause provides that "The Congress shall have Power... to regulate Commerce with foreign Nations, and among the states, and with Indian Tribes." According to the 2014 Congressional Research Service study of the Commerce Clause, which of the following statements is accurate? Responses A During the Constitutional Convention, discussion of the Commerce Clause did not concern itself with the federalism implications of managing intestate economic activities, but rather focused mainly on the issue of foreign trade. B The U.S. Supreme Court, beginning with the Marshall Court, has been an uncooperative partner to Congress's efforts to expand federal authority under the Commerce Clause. C Liberal and conservative members of Congress have pressured House and Senate leaders to pass an amendment to the Constitution that would remove Congress's power to legislate on matters related to commerce on Native American land

A During the Constitutional Convention, discussion of the Commerce Clause did not concern itself with the federalism implications of managing intestate economic activities, but rather focused mainly on the issue of foreign trade.

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? Responses A Popular sovereignty B Federalism C Separation of power D Limited government

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

The following questions refer to the following excerpt from a United States Supreme Court decision. "We are unanimously of opinion, that the law passed by the legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitutional and void...This is a tax on the operation of an instrument employed by the government of the Union to carry its powers into execution. Such a tax must be unconstitutional..." Which of the following resulted from this Supreme Court decision? Responses A The power of the national government was strengthened. B The power of the Supreme Court was weakened. C The power of state governments to tax individual citizens was clearly limited. D Congress was given the power to coin money. E Congress alone was given the power to charter banks.

A The power of the national government was strengthened.

"[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 prej

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

"Another advantage accruing from this ingredient in the constitution of the Senate is the additional impediment it must prove against improper acts of legislation. No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then of a majority of the States." -- James Madison This passage best reflects James Madison's views about which of the following? Responses A In a representative democracy, the legislative branch must have the power to override a presidential veto. B A bicameral legislature will provide checks and balances within the Congress. C United States senators play an important role of "advice and consent." D Members of the House of Representatives play an important role as the "people's branch."

B A bicameral legislature will provide checks and balances within the Congress.

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? Responses A A consolidation of power in the national government based on national supremacy B Acknowledgement of the limitations of national power and a recognition of the reserved power of the states. C A delegation of power from the state governments to the federal government, increasing the power of the United States government D An increase in cooperative federalism, where power and duties are shared between the federal and state governments

B Acknowledgement of the limitations of national power and a recognition of the reserved power of the states. 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. Powers not delegated to the national government by the U.S. Constitution nor prohibited by it to the states, are reserved to the states.

Which of the following constitutional provisions gives Congress and the president expressed power over the national defense? Responses A Article VI B Articles I and II C Article V D Articles III and VII

B Articles I and II

Which of the following statements is NOT an accurate description about cooperative federalism? Responses A Cooperative federalism features the national and state governments working together in the same areas of public policy. B Cooperative federalism empowers state governments through grant programs that have few "strings attached" and a broad range of options for spending federal dollars. C Under cooperative federalism, there is a blurring of the lines of authority between the national and state and local governments. D Cooperative federalism can best be described as "marble cake" federalism.

B Cooperative federalism empowers state governments through grant programs that have few "strings attached" and a broad range of options for spending federal dollars.

The constitutional powers of the legislative branch include all of the following EXCEPT Responses A Ratify treaties B Enforce laws C Determine the number of Supreme Court justices D Confirm presidential appointments

B Enforce laws

Which of the following is an accurate comparison of the arguments made in The Federalist 10 and Brutus 1 ? Responses A The Federalist 10- Factions are inevitable with popular sovereignty. Brutus 1 -A strong national government is needed. B The Federalist 10- Factions are most dangerous at the local level. Brutus 1- Small republics are best for stable governments. C The Federalist 10- Power should be concentrated in the executive branch to address factions. Brutus 1- National government is too far from the people. D The Federalist 10- The effects of factions cannot be controlled. Brutus 1- Popular sovereignty leads to anarchy.

B The Federalist 10- Factions are most dangerous at the local level. Brutus 1- Small republics are best for stable governments.

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? Responses A Congress and the states have agreed to add this amendment; however, recent presidents have refused to sign it. B The framers made the amendment process difficult in order to protect individual rights. C The Supreme Court has stated such an amendment is unconstitutional, thus blocking its ratification. D The framers specifically wrote the amendment process to prevent using it to limit freedom of expression.

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

"The idea of a [unitary] government involves in it, not only an authority over the individual citizens, but an infinite supremacy over all persons and things, so far as they are objects of lawful government...In [that] case, all local authorities are subordinate to the supreme; and may be controlled, directed or abolished by it at pleasure. In [a federal system], the [regional] authorities form distinct and independent portions of supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere." -- James Madison, Federalist No. 39 Which of the following statements best describes the author's perspective and reasoning? A Th U.S. Constitution should be ratified because a unitary government is preferable to the Articles of Confederation. B The powers that the Constitution would grant to the national government will not intrude up

B The powers that the Constitution would grant to the national government will not intrude upon the power of state governments.

The legislative process at the national level reflects the intent of the framers of the Constitution to create a legislature that would Responses A be less powerful than the executive B be cautious and deliberate C involve as many citizens as possible D ensure that all groups be equally represented E allow majorities virtually unlimited control over policy

B be cautious and deliberate

According to columnist George Will, the multiplicity of factions protects freedom and liberty in a large republic because Responses A like-minded individuals will have greater opportunity to join an interest group. B such a scenario will make it more probable that majorities will be unstable and short-lived. C pure democracy only works if people are willing to give it a chance and participate in governance. D according to Brutus I, "the more factions the merrier."

B such a scenario will make it more probable that majorities will be unstable and short-lived.

Which of the following is an accurate comparison of the advantages and disadvantages of federalism? ADVANTAGE OF FEDERALISMDISADVANGAATE OF FEDERALISM (A)Complex, with multiple governments Power is held by the national government only (B)States are training grounds for national leaders. States serve as laboratories of innovation (C)Limits national government power. Tension and conflict may occur between levels of government (D)Agreement more naturally occurs among politicians. The unitary system of government is typically found in states A (A) B (B) C (C) D (D)

C (C)

South Carolina passed a law to increase the state tax on gasoline to help fund repairs on highways and bridges. The state tax is in addition to the federal tax on every gallon of gasoline that is sold. Which of the following constitutional provisions does this scenario illustrate? Responses A Delegated powers B Reserved powers C Concurrent powers D Exclusive powers

C Concurrent powers The scenario illustrates a scenario in which both a state and the federal government have the power to tax gasoline, which is an example of concurrent powers.

Which of the following best represents an example of checks and balances? Responses A The Supreme Court vetoes legislation from Congress. B The president may impeach a Supreme Court justice. C Congress may block funding for presidential initiatives. D The Senate appoints federal judges and Supreme Court justices.

C Congress may block funding for presidential initiatives.

Which of the following is an example of Congress using its implied powers? Responses A Congress changing the tax code so that individuals making more than $350,000 per year have to pay higher taxes B Congress requesting that the Supreme Court review the constitutionality of a state gun-control law C Congress passing occupational safety regulations for the private sector D Congress ratifying a new trade agreement with Mexico and Canada

C Congress passing occupational safety regulations for the private sector Occupational safety regulations are not explicitly mentioned in the Constitution but are implied by Congress's ability to regulate trade under the interstate commerce clause.

Read the following passage and answer the question. "The characteristic feature and special interest of the American Union is that it shows us twogovernments covering the same ground, yet distinct and separate in their action. It is like a greatfactory wherein two sets of machinery are at work, their revolving wheels apparently intermixed,their bands crossing each other, yet each set doing its own work without touching or hamperingthe other." -- James Bryce, "The American Commonwealth" Which of the following best reflects what is being described by the author? Responses A The President and Congress negotiating over a bill. B Cooperative Federalism C Dual Federalism D The Supreme Court rendering a decision against an executive action.

C Dual Federalism

"The Constitution is based upon the idea that it is necessary to create complexity in our constitutional system in order to provide governmentthe time to make wise policy while respecting individual liberties." -- Anonymous Using your knowledge of the constitutional ratification process, which of the following would author of the passage above most likely be referencing? Responses A The Declaration of Independence B Federalist Paper No. 10 C Federalist Paper No. 51 D Brutus I

C Federalist Paper No. 51

New Deal and national government power "Before the 1930s, national political debate often revolved around the question of whether the federal government should intervene in the economy. After the New Deal, debate rested on how it should intervene." Eric Foner, Professor Emeritus of History, Columbia University Which of the following statements best describes the trend explained in the passage? Responses A During the Great Depression , the nation experienced tremendous economic upheaval that caused President Roosevelt to create numerous federal agencies. B During the Great Depression, New Deal policies created strong economies for the states. C New Deal economic policies increased the national government's role in the American economy. D New Deal policies entrenched and firmly established what political scientists today call "Layer Cake" federalism.

C New Deal economic policies increased the national government's role in the American economy.

States and localities have the most discretion in establishing policy when federal funding is derived from Responses A categorical grants B matching grants C block grants D project grants E grants-in-aid

C block grants

Which of the following features of the Constitution would most concern the author of Brutus 1? Responses A The addition of a Bill of Rights upon ratification of the Constitution. B The idea that any power not given to the federal government is reserved for the states. C The concept of concurrent powers. D Article VI and the Supremacy Clause.

D Article VI and the Supremacy Clause.

"The programs lacked flexibility... federal mandates were depleting state and local treasuries... State and local officials began calling for a reordering of priorities and a sorting out of responsibilities among various levels of government. We are attempting to address those concerns. In 1981 we were successful in consolidating 57 categorical grant programs into 9 block grants..." President Ronald Reagan, February 1983 Which of the following best describes the concept of federalism in the passage? Responses A Fiscal Federalism B Grants-in-aid C Concurrent powers D Devolution

D Devolution

Which of the following constitutional principles best explains why there is variation among states on the use of capital punishment? Responses A Separation of powers B Judicial review C Checks and balances D Federalism

D Federalism Federalism is the system of sharing power between the federal and state governments. The concept of federalism accounts for variation between the states on issues such as the use of capital punishment. Most crimes are prosecuted at the state level and each state determines for itself the appropriate punishment for that crime.

Some historians believe that Shays's Rebellion marked a low point in the very young history of the United States in the eyes of George Washington. For Washington and other Founders, why did this rebellion raise so much concern about the future and effectiveness of the Articles of Confederation? Responses A It raised fears about the tyranny of the majority. B It raised fears about tyranny of the minority. C It demonstrated weaknesses in the power of states to govern their own citizens. D It demonstrated the financial insecurity of the national government.

D It demonstrated the financial insecurity of the national government.

In Federalist # 10, James Madison argues that the best way to protect the rights of people from dangerous factions is to encourage a large republic of competing groups. Which of the following theories of democracy best applies to this argument? Responses A The Elite Theory of Democracy B The Representative Theory of Democracy C The Participatory Theory of Democracy D The Pluralist Theory of Democracy

D The Pluralist Theory of Democracy

Which of the following constitutional principles limits the power of the national government in Federalist #51? Responses A federalism and minority rule B controlling the effects of factions C judicial review D separation of powers and checks and balances

D separation of powers and checks and balances

Unlike the Articles of Confederation, the Constitution does which of the following? Responses A Restricts the ability of Congress to tax. B Restricts the ability of Congress to establish an army or navy. C Establishes a unitary form of government. D Emphasizes state sovereignty over national sovereignty. E Emphasizes both national sovereignty and federalism.

E Emphasizes both national sovereignty and federalism.

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

E a federal mandate