AP Gov Section 3
supremacy clause
"This Constitution, and the Laws of the United States . . . shall be the supreme Law of the Land" the states must abide by the laws passed by Congress, even if state constitutional provisions conflict with them.
31. Which of the following is an Exclusive Power of the Federal Government? Conduct elections Coin and regulate money 32. Which of the following is an Exclusive Power of State Governments? Regulate education naturalization 33. Which of the following is an example of concurrent powers? Taxation Regulate interstate commerce 34. Which cake is an example of dual federalism? Layer Marble 35. An example of a categorical grant is American Disabilities Act compliance Head Start or Medicaid funding 36. Which of the following set of amendments were designed to limit the power of states? 13, 14, 15 14, 22, 24
31. B 32. A 33. A 34. A 35. B 36. A
37. Prohibits states from violating citizen's Equal Protection or Due Process rights 38. Expands the implied powers of Congress 39. Limits state power when it is contrary to federal law 40. Expands implied power to broadly regulate interstate commerce A. Supremacy Clause B. Necessary and Proper Clause C. Fourteenth Amendment D. Commerce Clause
37. C 38. B 39. A 40. D
2. The Americans with Disabilities Act, which provides protections for the disabled, is an example of horizontal federalism affirmative action dual federalism a federal unfunded mandate
A federal unfunded mandate
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
22. The commerce clause within the Constitution gives Congress which power? A. The authority to levy any taxes against goods transported across state lines. B. The authority to regulate interstate business and any commercial activity. C. The authority to inspect any incoming shipments of goods from overseas. D. The authority to make any laws that would benefit the trading economy in the United States.
B
23. The full faith and credit clause in the Constitution requires: A. states to make laws that are in accordance with federal laws. B. states to recognize public acts and records from other states. C. states to return criminals to the state where a crime was committed. D. states to allow regulation of commerce fairly within that state
B
US V. Lopez background, question, majority, decision, reasoning
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 background, question, majority decision, reasoning
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"
Obergefell V. Hodges background, question, majority decision, reasoning
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
McCulloch v. Maryland background, question, decision, and result
BACKGROUND: Second Bank of United States had a branch in Maryland. The state passed a law taxing the bank, and the bank official refused to pay the tax QUESTION: Is the Bank of the United States Constitutional? If so, can a state tax it? DECISION: Constitutional under the implied powers of congress RESULT: strengthened power of national government: Necessary and Proper Clause and Supremacy Clause
Gibbons V. Ogden background, question, decision, result
BACKGROUND: two men both had licenses to operate a business on the Hudson River, one a federal and one a state. Each desired a monopoly to operate their business QUESTION: Whose license was supreme - the state or federal? DECISION: ruled in favor of Thomas Gibbons federal license fell under the Commerce Clause because this was a dispute in an area between two states, jurisdiction fell to the federal government RESULT: strengthened power of national government: Commerce clause
21. Which statement BEST summarizes how the national government and state government conflicted in the case of Angel Raich and Diane Monson? A. The use of marijuana for medical treatment was illegal under state law but legal under federal law. B. The national government did not think state law should be in conflict with federal law. C. The use of marijuana for medical treatment was legal under state law but illegal under federal law. D. The state government did not think the federal government had a right to restrict the rights of citizens.
C
28. Which president was responsible for passing the Defense of Marriage Act? A. Ronald Reagan B. Richard Nixon C. Bill Clinton D. Barack Obama
C
10. 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? Delegated powers Concurrent powers Reserved powers Exclusive powers
Concurrent powers
13. Which of the following is an accurate description of the decision in McCulloch v. Maryland (1819)? The federal government exceeded its authority in establishing a national bank, and Maryland's tax was unconstitutional. Maryland was within its authority to tax the federal government, but the Bank of the United States exceeded federal authority. The federal government had the authority to establish a national bank, but it had to pay Maryland's tax. The federal government had the authority to establish a national bank, and Maryland's tax was unconstitutional.
D
27. 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
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
15. Giving state governments greater discretion in deciding how to achieve the specific goals of welfare reform is an example of an unfunded mandate implied powers dual federalism Devolution
Devolution
categorical grants
Federal grants for specific purposes, such as building an airport
16. Which of the following is the best example of a categorical grant? Money given to states for special education programs Money given to individuals in the form of tax rebates Money given to states unconditionally Money given to states to spend at their discretion on transportation
Money given to states for special educational programs
unfunded mandates
Programs that the Federal government requires States to implement without Federal funding.
Plessy V. Ferguson
Supreme Court case establishing "separate but equal" doctrine Outcome: strengthened state governments' ability to impose Jim Crow laws
block grants
Tactic of devolution A form of grant-in-aid that gives the state more control over how to disperse federal funds
Of the following, which has been used most to expand the power of the national government? The commerce clause of the Constitution The habeas corpus clause of the Constitution The bill of attainder clause of the Constitution The First Amendment
The commerce clause of the constitution
12. Which of the following clauses in the Constitution justifies the "implied powers doctrine" ? The necessary and proper clause The privileges and immunities clause The contract clause The executive power clause
The necessary and proper clause
Gonzalez v. Raich background and problem
Their claim - legal use of medical marijuana Both women had severe health issues DEA agents seized and destroyed six marijuana plants that Raich was growing in her home PROBLEM: medical marijuana was LEGAL in California under the Compassionate Use Act of 1996, but ILLEGAL according to Controlled Substances Act of 1970
grant in aid
Tool used by the federal government to achieve policy objectives within states
15th Amendment (1870)
U.S. cannot prevent a person from voting because of race, color, or creed
federal system
a system where power is divided between the national and state governments. - USA, Mexico, Nigeria, Russia
unitary system
a system where the central government has all of the power over subnational governments. - United Kingdom, China, Iran
confederal system
a system where the subnational governments have most of the power. - Articles of Confederation; derive authority from the states
necessary and proper clause
also called the elastic clause, a critical source of power for the national government Grants Congress the authority to legislate as necessary for carrying out its constitutionally granted powers (implied powers).
implied powers
are not specifically granted to the federal government. Under the necessary and proper clause, Congress can make laws to carry out its enumerated powers. Besides describing the enumerated and implied powers, the Constitution denies certain powers to the national government
exclusive powers
are powers that only the national government may exercise
federal (enumerated and implied powers)
coin money, declare war, raise and support army, make treaties, provide for the naturalization of citizens, regulate interstate and foreign trade
concurrent powers
granted in the Constitution allow national and state authority to overlap in the areas of public policy. Examples: enforce a tax, create courts, borrow money
commerce clause
grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Congress has claimed the authority to define nearly any productive activity as commerce.
extradition
is the requirement that officials in one state return a defendant to another state where a crime was allegedly committed
shared (concurrent powers)
levy taxes, borrow money, regulate interstate commerce, regulate banks, create and operate court systems, determine voting qualifications
13th Amendment (1865)
outlaws slavery
privileges and immunities clause
prevents states from discriminating against people from out of state
state (reserved powers)
provide police and fire protection, conduct elections, amendmants approved by 3/4 of the states, establish local towns, bodies, and counties, regulate intra state commerce
enumerated or expressed powers
refer to those powers granted to the national government in the Constitution, and especially to Congress
full faith and credit clause
requires states to recognize the public acts, records, and civil court proceedings from another state
10th amendmant
reserves powers not delegated to the national government to the states and the people; the basis of federalism.
20. The clause in the United States Constitution that states that federal law will prevail in the event of a conflict between federal and state law is known as the necessary and proper clause presentment clause equal protection clause supremacy clause
supremacy clause
Fiscal Federalism
the federal government's use of grants-in-aid to influence policies in the states
reserved powers
were not given to the national government and are, therefore, retained by the states and the people.
revenue sharing
when the federal government apportions tax money to the states with no strings attached (ended because too costly)