Exam 2 Ch.3 Texas in the Federal System
Which of the following were characteristics of the era of dual federalism?
-The power of Congress to regulate interstate commerce was narrowly defined. -The states and national government held distinctly separate areas of sovereignty. -It defined the time period from Reconstruction to the New Deal. -The national government was small and dealt mostly with issues of foreign policy and national security.
What are examples of states applying the concept of "independent state grounds"?
-Wyoming granting women's suffrage prior to ratification of the Nineteenth Amendment -Texas requiring that the state school funding system be equitable -Texas adopting the Equal Rights Amendment to the Texas Constitution
In 1990, Congress passed the Americans with Disabilities Act (ADA), which required states to retrofit public areas to be accessible to individuals with disabilities without offering any federal funds to pay for it. This is an example of?
-an unfunded mandate -federal preemption -coercive federalism
Which sorts of countries tend to benefit from a federal system?
-countries with strong ethnic, cultural, and geographic divisions -countries that have very wealthy and very poor regions
Responsibilities for State Gov
-create standards for professions -regulate adoption -regulate family law
The rights of states are protected in which of the following ways in the U.S. Constitution?
-equal Senate representation -intrastate commerce -recruitment and maintenance of a militia -power to tax
Lyndon B. Johnson's Great Society programs introduced greater national government intervention into what policy areas?
-health care -civil rights -Social Security
Responsibilities for National Gov
-protect intellectual property -deliver mail -regulate interstate commerce -oversee foreign relations -coin money
The idea of states having "police powers" does not mean giving more power to the police; rather, it includes multiple aspects of public policy such as
-providing emergency responders -creating homeless shelters -inspecting day-care centers
examples that best demonstrate the concept of federal preemption
- the federal government requiring certain subject areas be tested by states to measure achievement -the federal government forbidding states from establishing their own air pollution standards
Which arguments were part of the Supreme Court's rationale for its decision in Shelby County v. Holder?
-The data that had originally brought the jurisdictions under preclearance were now outdated. -States have broad authority over elections under the Tenth Amendment.
What court case created separate but equal?
Plessy vs. Ferguson
The fact that a state may not set a standard that allows only particular races of individuals to vote in a primary election is an example of which of the following in action?
Preemption
What is a direct result of the division of powers in federalism?
Segregated Schools
Federalism is most closely related to which other constitutional principle?
Separation of Powers
coercive federalism
a view that the national government may impose its policy preferences on the states through regulations in the form of mandates and restraints.
What happened in Shelby County v Holder?
many states that had previously been required to submit proposals to the Justice Department detailing how changes to election plans ensured non-discrimination in voting were no longer required to secure Department of Justice preclearance.
The authority of states in the area of police powers includes passing laws that promote public health, safety, and welfare. What is the meaning of the term welfare?
protections against the effects of poverty, disease, and abuse
Preclearance
the requirement under Section 5 of the Voting Rights Act that the U.S. Department of Justice or a Washington, D.C., federal court had to approve any voting changes from states (including Texas) covered by the provision; this is no longer required due to a Supreme Court decision
Which of the following best describes the overall trend of the United States federal system?
toward a stronger national government
How does Justice Brandeis characterize states?
As laboratories free to experiment with polices without jeopardizing the nation as a whole
What is a factor that shifted national and state governments toward cooperative federalism?
As the nation faced more complex problems in the 1930's and 40's, multiple levels of government needed to step in
What court case reversed the decision of Plessy vs Ferguson?
Brown v. Board of Education of Topeka
Why do many scholars insist that the Fourteenth Amendment is the most important amendment added to the Constitution, outside of the amendments in the Bill of Rights?
It allowed the states to use the bill of rights as needed and clarifies that all states must treat Americans equally and follow due process.
Which of the following was the primary factor that led to the replacement of the Articles of Confederation?
Economic Instability
The Social Security Act, created during the Great Depression as part of the New Deal programs of FDR, uses payroll taxes to fund programs that help which groups of people?
Elderly, unemployed, disabled
Who's responsible for border enforcement and development of immigration policies?
Federal Government
In general terms, how did Chief Justice John Marshall treat issues of federalism in his Supreme Court rulings?
He tended to expand the national government's power relative to the states
A September 2019 report by the Leadership Conference on Civil and Human Rights found that the state of Texas had 750 fewer polling places available to voters in counties with rapidly growing minority populations in 2018 than it had in 2012 and that the state had passed a new voter ID law that had to be reworked after federal courts found that it disproportionately affected voters of color. The changes in the number of voting locations and the new voter ID law are most likely connected to which Supreme Court case?
Shelby County, Alameda, v Holder
The examples of some cities refusing to hold detained undocumented immigrants because this is a federal responsibility or choosing to enact more powerful environmental laws than those dictated by federal environmental policy show how liberal states and local governments may also make claims using what?
States' Rights
What clauses says if the Supreme Court issues an opinion in a case, state courts must also follow its ruling
Supremacy Clause
Shelby County v. Holder
The Court emphasized two important points about the federal system: (1) all states enjoy equal sovereignty, and (2) under the Tenth Amendment, states have broad power to regulate elections.
NFIB v. Sebelius
The Court ruled that the federal government could not cut off Medicaid funding to states that did not expand their Medicaid programs to cover more low-income residents; doing so would violate the Tenth Amendment. This ruling represented a sharp departure from the past, and has far-reaching potential to change the federal government's power to impose conditions on the states when it supplies funds.
Though the Deferred Action for Childhood Arrivals program, or DACA, enjoys generally broad public support, the state of Texas and other states filed suit against the federal government to end its protections by making what claim?
The creation of the program was a constitutional overreach from Obama
Cases like NFIB v. Sebelius and Shelby County v. Holder illustrate what trend that has appeared in Supreme Court decisions since the 1990s regarding the relationship between states and the national government?
The supreme court has given more power to the states to resist the mandates and regulations of the national government
The Supreme Court in National Federation of Independent Business v. Sebelius held that the Affordable Care Act (ACA) was constitutional because of?
The taxing power of Congress
What was the purpose of New Federalism as imagined by Presidents Richard Nixon and Ronald Reagan?
To promote state autonomy (allows states to experiment with policies)
The Americans with Disabilities Act (ADA) required states to add wheelchair-accessible ramps to curbs along streets. The No Child Left Behind (NCLB) program required states to create and administer standardized testing to measure student achievement. Congress did not allocate money to the states to enact these policies but expected them to be followed. What term describes these examples?
Unfunded Mandates
Which argument did states fighting the preclearance requirement of Section 5 of the Voting Rights Act make to the Supreme Court?
Voter Discrimination was no longer an issue in the states under preclearance
Preemption
a legal doctrine that allows a higher level of government to limit or even. eliminate the power of a lower level of government to regulate a specific issue.
Which of the following statements best describes the cause of the shift from dual federalism to cooperative federalism?
a public outcry for greater government action to deal with crises
