CISAG Study Guide

The following refrain was heard from some 20,000 protesters, many of them women, in October of 1932 as they demanded repeal of the Eighteenth Amendment: a. "Stop the war." b. "No taxation without representation." c. "Let women vote." d. "We want beer." e. "Impeach Hoover."

"We want beer."

Before it could take effect, the Constitution had to be ratified by the following number of states: a. 13 b. 8 c. 10 d. 9 e. 5

9

Which metaphor best describes dual federalism? a. A sponge cake b. A layer cake c. A fruitcake d. A marble cake e. A pineapple upside-down cake

A layer cake

Which metaphor best describes cooperative federalism? a. A layer cake b. A sponge cake c. A fruitcake d. A marble cake e. A bundt cake

A marble cake

In the Declaration of Independence, Thomas Jefferson's statement that "all men are created equal" is similar to which theorist's belief that government is based on the "consent of the governed"? a. James Madison b. John Adams c. John Hancock d. Joseph Ellis e. John Locke

John Locke

How likely are voters to participate in state and local elections compared with national elections? a. Less likely b. More likely c. Equally likely d. No clear pattern e. More likely if the issues are known and made clear to voters in advance

Less likely

What kind of grant-in-aid allows the recipient of the grant the least discretion in determining how to spend the money? a. Formula grant b. Categorical grant c. Block grant d. HEW grant e. Focused grant

Categorical grant

The framers of the Constitution intended ____ to be the strongest branch(es) of government. a. the executive branch b. the judiciary branch c. Congress d. the executive and the judiciary branches e. None of these

Congress

The following allows a person to acquire information and documents online, and also provides a medium to register opinions and complaints to government officials a. E-government. b. the Federal Communications Commission. c. the Telecommunications Act. d. the Secretary of State. e. Fox News.

E-government

When the authors say that we live in an era of "globalization", they mean that citizens and nations are increasingly A. peace loving B. industrialized C. commercialized D. belligerent E. interdependent

Interdependent

The Tenth Amendment gives what level(s) of government additional unwritten powers? a. Local b. National c. State d. Both state and local e. Both national and state

State

A proponent of states' rights would argue that a. cooperative federalism is preferable to dual federalism. b. the national government is illegitimate. c. states' rights are always subservient to the national government's due to the need for variation in governing levels. d. the states should hold exclusive sovereignty over American citizens. e. the national government's powers should be interpreted narrowly.

the national government's powers should be interpreted narrowly.

The ancient Greeks classified governments as autocracies, oligarchies, or democracies based on a. the fundamental purposes for which the government was instituted. b. the extent of government power. c. the types of elected officeholders. d. the kinds of decisions the government was responsible for. e. the number of citizens involved in governing.

the number of citizens involved in governing

The chief obstacle to ratification of the Constitution by the states was a. the power it granted to tax. b. the omission of a bill of rights. c. its failure to abolish slavery. d. the lack of court structure below the Supreme Court. e. inclusion of the plural executive.

the omission of a bill of rights

Dual federalism is the practice of a. allowing state governments to compete aggressively with one another for federal funds. b. close cooperation between the states and the federal government. c. allowing the states and the federal government to exercise power separately in areas of legitimate concern to them. d. continually increasing the power of the federal government. e. establishing one government authority within another of equal size.

allowing the states and the federal government to exercise power separately in areas of legitimate concern to them.

According to Thomas Hobbes, author of Leviathan, the proper objective of government is to ensure a. freedom. b. order. c. that the lives of citizens are protected. d. public goods. e. free and fair elections.

b. order.

Money awarded for broad, general purposes is called a ____ grant. a. block b. formula c. carry d. categorical e. user

block

There is a concerted campaign across Europe to force the United States to terminate a. capital punishment. b. abortion. c. interstate commerce restrictions. d. laws criminalizing the possession and/or use of drugs. e. police interrogations.

capital punishment

The constitutional provision that allows Congress to override the president's veto is an example of a. federalism b. implied powers. c. checks and balances. d. separation of powers. e. enumeration.

checks and balances

The Greek word demos, which is the root of the term democracy, means a. common people. b. power. c. participation. d. foundation or base. e. order.

common people

The Constitution is written in language that is a. clear and precise to avoid misinterpretation. b. frequently misinterpreted by scholars. c. deliberately vague as a result of compromise that allows for flexibility. d. vague and awkward because of the limited education of the framers. e. enumerated and flexible so as to avoid constitutional challenges

deliberately vague as a result of compromise that allows for flexibility.

Someone who believes that the elastic clause of the Constitution should be narrowly interpreted is most likely to endorse the concept of____ federalism. a. dual b. cooperative c. creative d. implied e. restrictive

dual

In the Printz v. United States decision, Justice Antonin Scalia, writing for the five-member conservative majority, argued that federally mandated background checks by local sheriffs on gun purchases in their states violated the principle of: a. new federalism. b. cooperative federalism. c. sanctions. d. dual federalism. e. majoritarian democracy.

dual federalism

A constitutional clause that allows for a broad interpretation of implied powers is known as a(n) ____ clause. a. earmark b. reciprocal c. rudimentary d. elastic e. ornate

elastic

The "necessary and proper" clause of Article I, Section 8 of the Constitution is an example of a(n) "____ clause." a. confederal b. states' rights c. judicial d. dual e. elastic

elastic

A referendum is best described as a(n) a. statement of legislative goals. b. do-over of a previous election. c. ballot without true competition for offices. d. election on a policy issue. e. decision that resolves a legal issue.

election on a policy issue

When one person has the same chance to succeed in life as another, this is called a. equality of outcome. b. political equality. c. equality of opportunity. d. social order. e. equality of results.

equality of opportunity

A central question in the McCulloch case was whether or not Congress had the power to a. institute a peacetime draft. b. establish a national bank. c. regulate commerce along major waterways. d. investigate the executive branch. e. remove one of its own members.

establish a national bank

Social order is usually defined as a. the degree of equality in society. b. the methods by which government enforces its authority. c. the pattern of economic ownership. d. established patterns of authority and traditional modes of behavior. e. mechanisms for disagreement with government.

established patterns of authority and traditional modes of behavior.

The constitutional amendment process requires a. the exercise of judicial review. b. extraordinary majorities. c. a simple majority. d. the exercise of executive privilege. e. unanimity in the proposal phase.

extraordinary majorities

Shays's Rebellion consisted of a. Massachusetts residents protesting New Hampshire's import tax on their state's products. b. farmers trying to prevent foreclosure on their property for debts and taxes owed. c. Massachusetts residents protesting the national government's tax on liquor. d. Bostonians throwing British tea into Boston Harbor. e. tobacco farmers protesting tariffs on their crops.

farmers trying to prevent foreclosure on their property for debts and taxes owed

Construction of the massive interstate highway system a. was accomplished by the states working cooperatively. b. gave the national government leverage to regulate many behaviors indirectly related to highway travel. c. was resisted by the states as an infringement on traditional areas of state jurisdiction. d. had little impact on the flow of interstate commerce. e. created serious uniformity problems in each state's quality of construction.

gave the national government leverage to regulate many behaviors indirectly related to highway travel.

A notable trend in the backgrounds of recent presidents is experience as a a. U.S. Senator. b. member of the U.S. House of Representatives. c. state legislator. d. governor. e. judge.

governor.

In 1995, the Supreme Court concluded that Congress had overreached the legitimate bounds of the commerce power when Congress tried to regulate the possession of ____ in or near a school. a. guns b. pornography c. prescription drugs d. beer e. All of these

guns

Thomas Hobbes supported a strong central government because a. he hoped to gain a position of power within that government. b. he thought such a government could end inequality by redistributing property. c. he knew the basic motivations of people were evil. d. he believed that the nobility was inherently superior to the masses. e. he believed that only a strong government could restrain people's selfish, animal instincts.

he believed that only a strong government could restrain people's selfish, animal instincts.

The procedural view of democracy is most concerned with a. the level of popular participation in decision making. b. the equality of government decisions. c. minority protections. d. the impact of government decisions. e. how government decisions are made.

how government decisions are made

A power not specifically mentioned in the Constitution but necessary if another specific grant of power is to be carried out is called a(n) ____ power. a. assigned b. general c. enumerated d. implied e. concurrent

implied

The Constitution did not give Congress the authority to establish the Internal Revenue Service. Congress did so, however, to implement its power to "lay and collect taxes." This is an example of the use of a(n) ____ power. a. implied b. delegated c. reserved d. expressed e. inherent

implied

The single most important factor leading to the Constitutional Convention was a. inability of the national or state governments to maintain order under the Articles. b. the heavy burden of taxation placed upon the colonists. c. the desire of the framers to improve their own financial status. d. the slavery question. e. fear of executive power.

inability of the national or state governments to maintain order under the Articles.

The effect of national emergencies and judicial interpretations on federalism has been to a. solidify the original constitutional balance between state and national governments. b. create many more local governments with supreme governing powers. c. increase the power of the states. d. decrease the authority of all levels of government. e. increase the power of the national government.

increase the power of the national government

A citizen's group gathers enough signatures on a petition to force a popular vote on a statewide lottery proposal. This proposal would represent a(n) a. recall election. b. referendum. c. initiative. d. popular law. e. citizen's proposal.

initiative

In order to understand political ideology, we must look at both the scope of governmental action and a. the size of the republic. b. its purpose. c. its relation to other governments. d. related bureaucracies. e. elite attitudes.

its purpose

The broad, basic definition of government given by the text is a. the use of force to benefit an elite. b. legitimate use of force within specified geographic boundaries to control human behavior. c. citizens participating in community decisions. d. taking from each according to his or her ability and giving to each according to need. e. leaders controlling power and authority.

legitimate use of force within specified geographic boundaries to control human behavior.

Compared with people in other Western countries, Americans are ____ to choose equality over freedom. a. more likely b. less likely c. about equally likely d. very unlikely e. unable

less likely

The "unalienable rights" identified by the Declaration of Independence are a. life, liberty, and the pursuit of happiness. b. freedom of speech, press, and assembly. c. life, liberty, and property ownership. d. the right to own property and bear arms to protect it. e. equality, liberty, and equal protection.

life, liberty, and the pursuit of happiness

In assigning the powers of government, the Constitution a. identifies the powers the states and national government share. b. lists the powers of the national government but does not address the powers of the states. c. lists the powers given to the national government and the powers denied the states and leaves all other powers to the states. d. specifically identifies all of the powers of the national and state governments. e. enumerates national, state, and local government powers specifically, including all powers that each level of government may not exercise.

lists the powers given to the national government and the powers denied the states and leaves all other powers to the states.

The oldest objective of government is a. preserving the state of nature. b. supporting economic growth. c. maintaining order. d. promoting social equality. e. guaranteeing the security of citizens.

maintaining order

The best contemporary example of an oligarchy would be a(n) a. multiparty democracy. b. personal dictatorship. c. military dictatorship. d. hereditary monarchy. e. elite interest society.

military dictatorship

All of the following are principles of procedural democracy except a. government responsiveness to public opinion. b. minority rights. c. universal participation. d. majority rule. e. political equality.

minority rights

Globalization can be seen as a threat to a. commercial activity. b. national sovereignty. c. capitalism. d. liberalism. e. socialism.

national sovereignty.

The text of the Constitution deals with slavery by a. prohibiting it after 1807. b. abolishing it. c. requiring the individual states to decide the issue for themselves. d. not mentioning it directly. e. making each state responsible for its own policy.

not mentioning it directly.

An autocracy is a political system ruled by a. a few. b. one individual. c. the military. d. a majority. e. a few powerful, wealthy individuals.

one individual

Whereas majority rule is defined as decision making by 50 percent plus one person, ____ is defined as decision making by most participants. a. rule by the people b. assention c. political equality d. universal participation e. plurality rule

plurality rule

A country abiding by the principle "one man, one vote" is practicing a. representative democracy. b. political equality. c. equal suffrage. d. substantive democracy. e. a "free and fair" election system.

political equality

Each citizen having one vote demonstrates a. equality of opportunity. b. social equality. c. a republic. d. mandated freedoms. e. political equality.

political equality

A consistent set of values and beliefs about the proper purpose and scope of government is a(n) a. political ideology. b. public good. c. original dilemma. d. system of government. e. political attitude.

political ideology

The Greek word kratos, one of the roots of the word democracy, means a. power. b. authority. c. common man. d. rule. e. form.

power

According to the New Jersey Plan, how was representation to be structured in Congress? a. There would be population-based representation in both houses. b. There would be one house, and representation in it would be based on population. c. States would have equal representation in one house and population-based representation in the other. d. There would be one house, and all states would have equal representation in it. e. Representation was to be based on the three-fifths compromise.

There would be one house, and all states would have equal representation in it.

Republicanism is a form of government in which power a. is divided between the state and national levels. b. is concentrated in one political party. c. is divided among three branches. d. is separated between some elected and some appointed government officials. e. resides in the people and is exercised by their elected representatives.

resides in the people and is exercised by their elected representatives.

A republic is a government a. resting on the consent of the governed. b. based on majority law. c. ruled by two political parties. d. ruled by a monarch. e. divided by two opposing cultures but ruled by one ruler.

resting on the consent of the governed.

The goal of the First Continental Congress was to a. select a leader for the army of the colonies. b. restore harmony between Britain and the colonies. c. plan further resistance to the Coercive Acts. d. declare independence from Great Britain. e. draft a new constitution.

restore harmony between Britain and the colonies

Originally, the Constitutional Convention's purpose was to a. eliminate the power of the Second Continental Congress. b. overturn articles amended by the Second Continental Congress. c. revise the Articles of Confederation. d. file a formal tax protest with England. e. adopt a new constitution.

revise the Articles of Confederation

The Supreme Court's interpretation of the commerce clause has historically a. served to preserve states' rights. b. lessened trade powers between the states. c. had no consistent effect on national and state power. d. left the balance of power between the national and state governments unchanged. e. served to increase national power.

served to increase national power

The constitutionality of the so-called Brady Bill was challenged by a. a criminal defense organization. b. twenty-four state governors. c. several sheriffs. d. the NAACP. e. the ACLU.

several sheriffs

The state of nature refers to a. order without equality. b. regulation without leadership. c. order without conflict. d. government without values. e. society without government.

society without government

The lines that define congressional districts are usually drawn by a. state legislatures. b. state governors. c. U.S. Senators. d. a state's congressional delegation. e. the House Judiciary Committee.

state legislatures.

The Articles jealousy guarded a. commerce. b. state sovereignty. c. freedom to travel. d. property rights. e. executive power.

state sovereignty

Congressional redistricting occurs once every ____ years. a. two b. four c. six d. ten e. fifty

ten

The Bill of Rights consists of the first ____ amendments to the Constitution. a. five b. ten c. fifteen d. twenty e. twenty-two

ten

For the United States, the core substantive principles of democracy are embedded in a. the Bill of Rights and other amendments to the Constitution. b. the traditions and conscience of the people. c. colonial charters. d. Article I of the Constitution. e. legislative resolutions from state legislatures.

the Bill of Rights and other amendments to the Constitution.

The American system allows for the will of the majority to be blocked by a. a declaration of martial law. b. the Constitution as interpreted by the Supreme Court. c. the lack of institutional mechanisms for gauging public opinion. d. no means. e. majority rule.

the Constitution as interpreted by the Supreme Court.

John Locke's views on government are expressed in a. Leviathan. b. The Social Contract. c. Two Treatises on Government. d. Common Sense. e. Utopia.

Two Treatises on Government

The following constitutional amendment, which prevents members of Congress from voting themselves immediate pay increases, was submitted to the states in 1789, but was not ratified until 1992: a. the Sixteenth Amendment b. the Twenty First Amendment c. the Twenty Third Amendment d. the Twenty Seventh Amendment e. none of the above.

the Twenty Seventh Amendment

A result of the Second Continental Congress was a. the adoption of the Declaration of Independence. b. a plan for the Boston Tea Party. c. a brief reconciliation with Britain. d. the decision to create thirteen colonies. e. increases in colonial taxes paid to England.

the adoption of the Declaration of Independence.

Federalism is a combination of which two ideas? a. Unitary and oligarchy structures b. Unitary government and a confederation c. A confederation and autocracy d. Elitism and a confederation e. Majoritarian democracy and a unitary government

Unitary government and a confederation

A group of delegates to the Constitutional Convention proposed a powerful national government to replace the weak confederation of states. This was known as the a. Marshall Plan. b. Virginia Plan. c. New Jersey Plan. d. Connecticut Compromise. e. Grand Compromise.

Virginia Plan

A confederation can best be described as a. a loose association of independent states. b. a government without a monarch. c. a government ruled by a dictator. d. a form of socialism. e. smaller units of government controlled by a larger government unit.

a loose association of independent states

The assignment in the Constitution of lawmaking, law-enforcing, and law-interpreting functions to the legislative, executive, and judicial branches respectively is known as a. judicial review. b. direct democracy. c. inherent powers. d. a separation of powers. e. none of the above.

a separation of powers

Opponents of the Constitution demanded inclusion of the Bill of Rights because they feared abuse of power by a. government at all levels. b. the national government. c. state governments. d. local police forces. e. England.

the national government

Anti-federalists attacked the proposed Constitution on the grounds that a. it was not democratic enough. b. the national government it created was too weak. c. the national government it created was too strong. d. it created an independent judiciary. e. too much authority was enumerated.

the national government it created was too strong

A key component of the Virginia Plan was a. equal legislative representation for all states. b. that essential powers would be kept within the states. c. a strong national legislature. d. an executive who would have absolute veto power over legislative actions. e. strong states' rights.

a strong national legislature.

The Great Compromise provided for a. a two-chamber legislature with equal representation for all states. b. a two-chamber legislature with equal representation for all states in one chamber and population based representation in the other. c. a one-chamber legislature with representation based on population. d. a two-chamber legislature with representation based on population. e. upper-house members elected separately from lower-house members.

a two-chamber legislature with equal representation for all states in one chamber and population based

Including the Bill of Rights, the following number of amendments have been added to the Constitution: a. ten b. nineteen c. seventeen d. fifty-four e. twenty-seven

twenty-seven

The basic premise of federalism is that a. supreme executive power derives from a mandate from the masses. b. two or more governments share power and authority over the same land and people. c. supreme political authority remains with the states. d. a national government has ultimate sovereignty over a country's land and people. e. state and local governments may not exercise powers of their own that are independent of the national government.

two or more governments share power and authority over the same land and people.

When Nixon resigned, Gerald Ford became the nation's first ____ president. a. succession b. two-term c. independent d. unelected e. nonpartisan

unelected

The idea that all adults within the boundaries of a political community should be allowed to vote is known as a. universal participation. b. political equality. c. majority rule. d. plurality rule. e. suffrage.

universal participation

At the Constitutional Convention, the institution of slavery a. was opposed by some but preserved in order to maintain unity among the states. b. was heartily approved of by all the delegates. c. was not considered important enough to discuss. d. was abolished for violating the fundamental principles of the new nation. e. was provided protection in a separate document.

was opposed by some but preserved in order to maintain unity among the states.

Home rule is a. the right of the federal government to protect its own shores against foreign invasion. b. the authority of states to enact federal programs as they wish. c. the right of municipal governments to enact their own legislation in certain administrative areas. d. a person's right to defend his or her property as he or she sees fit. e. a local government's ability to tax those people who shop within that local government's boundaries.

the right of municipal governments to enact their own legislation in certain administrative areas.

The constitutional provision that made cooperative federalism possible is a. Article V on amending the Constitution. b. the interstate commerce clause. c. the supremacy clause. d. the Tenth Amendment. e. the elastic clause.

the supremacy clause

The primary contribution of the Federalist papers is a. as the collective writings of theorists. b. to assert independence from England. c. as historical documents of the time. d. their ideas supporting the Bill of Rights. e. their insight into the reasons for constitutional provisions.

their insight into the reasons for constitutional provisions

An example of a totalitarian government is the government of a. Great Britain. b. Mexico. c. Nazi Germany. d. contemporary Russia. e. France.

Nazi Germany

About how many constitutional amendments have been introduced in Congress since 1787? a. 1,000 b. 10,000 c. 500 d. 100 e. 5,100

10,000

Since 1789, the typical constitution has lasted about ____ years. a. 165 b. 140 c. 98 d. 52 e. 17

17

The Constitution was written in a. 1492. b. 1704. c. 1812. d. 1776. e. 1787.

1787.

There are about ____ politically sovereign nation states in the world today. a. 90 b. 195 c. 300 d. 460 e. 1,000

195

The Federalist papers were written by a. Alexander Hamilton. b. John Jay. c. John Adams. d. James Madison. e. A, B, and D.

Alexander Hamilton, John Jay and James Madison

The Constitutional article that enabled Alaska and Hawaii to become states is a. Article VI. b. Article III. c. Article IV. d. Article VIII. e. Article V.

Article IV

What constitutional crisis emerged from Shays's Rebellion? a. The conflict between farming and manufacturing interests could no longer be controlled. b. The national government intruded too easily into the states' affairs. c. Congress, under the Articles of Confederation, lacked the power to confront significant national emergencies. d. The national government, under the Articles of Confederation, was equipped to meet only naval attacks. e. The colonists already had created a new, more effective structure of government.

Congress, under the Articles of Confederation, lacked the power to confront significant national emergencies.

The method for choosing the president was designed to address which of the following concerns? a. The people's desire to have a direct voice in the selection of the chief executive b. Distrust of the judgment of the people and the small states' fears that the large states would dominate the selection process c. Large states' fears that small states would dominate the selection process d. The demand that each state have an equal voice in selecting the president e. Fear that a plural executive would possess too many powers

Distrust of the judgment of the people and the small states' fears that the large states would dominate the selection process

America's massive interstate highway system was initiated during the ____ administration. a. Kennedy b. Truman c. Reagan d. Eisenhower e. Wilson

Eisenhower

The constitutional provision found in Article I, Section 8, which gives Congress the means to execute its powers, is an example of what type of power? a. Inherent b. Implied c. Derived d. Reserved e. Enumerated

Enumerated

Supporters of the Constitution named themselves a. Republicans. b. Democrats. c. Sons of Liberty. d. Anti-federalists. e. Federalists.

Federalists.

Which of the following statements is incorrect? a. The House of Representatives can bring impeachment charges against the president. b. The Senate is given the sole power to try the president on the House's impeachment charges. c. The Senate can convict, and thus remove, a president only by a two-thirds vote. d. The Senate convicted and removed President Andrew Johnson. e. The Chief Justice presides over a Presidential impeachment trial.

The Senate convicted and removed President Andrew Johnson.

Larger states benefited most under what plan? a. The Articles of Confederation b. The Virginia Plan c. The New Jersey Plan d. The Great Compromise e. The Connecticut Compromise

The Virginia Plan

The Great Compromise resolved what issue? a. The power of large versus small states b. A strong or weak executive c. A strong upper-house legislature versus a weak one d. Representation based on an equal representation provision e. A strong or weak national court system

The power of large versus small states

The Declaration of Independence was based on input from many people, but its primary author was a. James Madison. b. John Quincy Adams. c. Benjamin Franklin. d. George Washington. e. Thomas Jefferson.

Thomas Jefferson

When compared with the U.S. Constitution, most American state constitutions a. are longer and more detailed. b. are shorter and less specific. c. have been amended less frequently. d. vary greatly in text and subjects. e. provide more enumerated protections.

are longer and more detailed

Democratization is the a. process of moving from procedural to substantive democracy. b. process of institutionalizing the rules of procedural democracy and establishing substantive democratic policies. c. act of electing leaders in a way that conforms to the criteria of substantive democracy. d. process of moving from a demand to a market economy. e. requirement that freedoms and rights be protected by written covenant.

process of institutionalizing the rules of procedural democracy and establishing substantive democratic policies

Of the following major objectives of government, the most recent one is a. providing public goods. b. maintaining order. c. defending order. d. maintaining defense against external enemies. e. promoting equality.

promoting equality

The main argument against the need for a bill of rights was that a. the national government would be weakened if limits on its powers were listed. b. states could use the power of nullification if national laws violated individual liberties. c. the Constitution established a government of limited powers; because the government was not given the power to regulate individual liberties, no bill of rights was necessary. d. the states could easily withdraw from the Union if the national government violated individual liberties. e. the design of the institutions of government would preclude them from abusing rights anyway.

the Constitution established a government of limited powers; because the government was not given the power to regulate individual liberties, no bill of rights was necessary

The shift away from dual federalism and toward cooperative federalism was a response to the problems associated with a. the Civil War. b. the Great Depression. c. underage drinking. d. the fact that the United States has no official language. e. conflict among states.

the Great Depression

The general conclusion of the Supreme Court in United States v. Lopez was that a. the Second Amendment forbids any government restriction on the right to bear arms. b. there are limits to the national government's ability to regulate behavior based on the commerce clause. c. schools are exclusively a state and local responsibility. d. the right to bear arms extends even to those who are not legal adults. e. entities of the state do not have ability equal to that of the state itself to successfully challenge national law.

there are limits to the national government's ability to regulate behavior based on the commerce clause