Federal vs State Power Quiz

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Questions and Answers

Which of the following is an accurate comparison of constitutional provisions that enhance federal power and enhance state power?

  • Commerce Clause Tenth Amendment (correct)
  • Necessary & Proper Clause Fourteenth Amendment
  • Fifth Amendment Article V of the Constitution
  • Supremacy Clause Seventeenth Amendment

Which of the following is an accurate comparison of the Supremacy & Full Faith & Credit Clauses?

  • Allows the Supreme Court to strike down state actions that conflict with national policies Allows the Supreme Court to strike down state actions that other states do not agree with
  • Allows equal degrees of state & national authority on policy Maintains the relationship between the state & national governments
  • Regulates the separation of powers between branches Regulates the division of powers between state & national governments
  • Tips the balance of power in favor of the national government in cases of conflict with the states Holds the states accountable to each other & creates a stronger bond throughout the nation (correct)

Which of the following is an accurate comparison between McCulloch v Maryland (1819) & U.S. v Lopez (1995)?

  • Balance of power tipped in favor of the states Balance of power tipped in favor of the national government
  • The Court ruled that a state could impact a national institution within its borders The Court ruled that the national government could intrude on state concerns with justification
  • The Court upheld federal law based on use of the Elastic Clause The Court struck down federal law based on use of the Elastic Clause
  • The National Bank ruled unconstitutional as an overstep of national authority A gun control law ruled constitutional as an acceptable exercise of federal authority (correct)

Flashcards

What is the Necessary and Proper Clause?

The Necessary and Proper Clause gives Congress the power to create laws that are "necessary and proper" for carrying out its expressed powers. It is sometimes called the "elastic clause" because it can be stretched to cover a wide range of issues.

What is the Commerce Clause?

The Commerce Clause gives Congress the authority to regulate interstate and international commerce. It allows the government to regulate business activities that cross state lines, including trade, transportation, and communication.

What is the Supremacy Clause?

The Supremacy Clause establishes that the U.S. Constitution and federal laws take precedence over state laws in cases of conflict.

What is the Tenth Amendment?

The Tenth Amendment reserves powers not explicitly granted to the federal government to the states. This helps ensure a balance of power between national and regional governments.

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What is the Full Faith and Credit Clause?

The Full Faith and Credit Clause requires states to respect the laws and judicial decisions of other states. This means that court rulings and legal documents from one state are recognized and enforced in other states.

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Why was DOMA ruled unconstitutional?

The Defense of Marriage Act (DOMA) was ruled unconstitutional because it violated the principle of equal protection under the law. DOMA denied federal recognition to same-sex marriages, which was seen as unequal treatment.

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What was Madison's view on 'national' and 'federal' systems?

Madison saw a national system as one where states work together to address national problems. He believed that a federal system, where states act more independently, prioritizes state interests even when they conflict with national ones.

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What is a strictly 'federal' act?

A strictly federal act would involve states working together as a single unit to achieve a common goal. Examples include amending the Constitution or a joint response to foreign aggression.

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What are categorical-formula grants?

Categorical-formula grants are funds provided by the federal government to states for specific purposes, like school lunches or highway construction. The amount of funding is often determined by a formula based on factors like population or need.

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What is the Full Faith and Credit Clause?

The Full Faith and Credit Clause is a constitutional provision that requires states to recognize the legal actions and court decisions of other states, including civil judgements and public records. This ensures a consistent legal system across the country.

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What are block grants?

Block grants provide broad funding to states for a general purpose, like education or healthcare, giving them more flexibility in spending the money. They come with fewer restrictions than categorical grants.

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What are concurrent powers?

Concurrent powers are shared between the federal government and the states. This allows both levels to exercise influence in the same areas of public policy, creating a more interconnected and balanced system.

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Why was segregation ruled unconstitutional?

The Supreme Court upheld federal statutes outlawing segregation in public accommodations because it impacts interstate commerce, a power granted to Congress. This ruling strengthened the Commerce Clause and federal power to regulate business activities.

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What is cooperative federalism?

Cooperative federalism, also known as marble-cake federalism, involves all levels of government working together on various issues and programs. This creates a more interconnected and collaborative system.

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Why are there different state laws?

The principle of federalism explains why states have different laws and regulations, including varying approaches to issues like capital punishment. States retain significant power to make their own policies within their jurisdictions.

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What is dual federalism?

Dual federalism, also referred to as layer-cake federalism, sees a clear separation of powers between the federal and state governments. This model emphasizes limited national power primarily focused on foreign affairs and defense, leaving most powers to the states.

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How does federalism encourage experimentation?

Federalism allows for experimentation because states can test different solutions to problems without impacting the entire country. If a program succeeds, it can be adopted by other states or even the national government.

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What is preemption?

Preemption occurs when a federal law or regulation takes precedence over conflicting state or local laws, effectively preventing lower levels of government from enforcing their own regulations.

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What did President Johnson mean by 'creative federalism'?

President Johnson likely referred to a more flexible and collaborative approach to federalism, where states and the federal government work together to address shared challenges. This approach emphasizes increased cooperation and shared responsibilities.

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What did President Johnson suggest for public education?

President Johnson suggested assembling experts to advise the federal government on ways to improve public education. This approach aimed to bring in different perspectives and knowledge to address complex educational issues.

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What would a liberal approach to 'strained resources' be?

A liberal approach to addressing the "strained resources" of local governments would likely involve increasing federal funding for public education, especially in lower-income communities. This would aim to level the playing field and provide more support for struggling districts.

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How did the Supreme Court extend commerce power?

The Supreme Court extended the commerce power to include actions of private businesses that significantly impact interstate trade. This greatly expanded federal authority to regulate aspects of the economy previously considered outside its reach.

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What was the significance of McCulloch v. Maryland and U.S. v. Lopez?

McCulloch v. Maryland (1819) upheld the federal government's ability to create a national bank based on implied powers derived from the Necessary and Proper Clause. U.S. v. Lopez (1995) struck down a federal law regulating guns near schools, finding it exceeded the scope of the Commerce Clause.

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What do centralists believe?

Centralists favor a stronger national government with a more active role in policymaking. They often argue that national action is more effective in addressing national problems and promoting uniformity across states.

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What are the general purposes of federal grants?

General purposes of federal grants include: equalizing resources among states, providing revenue for state and local governments, solving national problems while limiting federal agency growth, and establishing national standards. The exception is the control of state and local political systems, which is not a primary goal of federal grants.

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What are unfunded mandates?

Unfunded mandates are federal requirements imposed on state and local governments without providing funding for the implementation. This can create a burden on local governments, forcing them to allocate resources to meet federal requirements without sufficient financial support.

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Study Notes

Question 1: Federal Power vs. State Power

  • Enhance Federal Power: Necessary & Proper Clause, Commerce Clause, Supremacy Clause, Fifth Amendment
  • Enhance State Power: Fourteenth Amendment, Tenth Amendment, Seventeenth Amendment, Article V of the Constitution

Question 2: Supremacy & Full Faith & Credit Clauses

  • Supremacy Clause: Allows equal degrees of state and national authority on policy, Allows the Supreme Court to strike down state actions that conflict with national policies.
  • Full Faith & Credit Clause: Maintains the relationship between state and national governments, Allows the Supreme Court to strike down state actions that other states do not agree with, Holds the states accountable to each other and creates a stronger bond throughout the nation

Question 3: Defense of Marriage Act Ruling

  • The Defense of Marriage Act was ruled unconstitutional because it granted implied powers to the national government that were not related to expressed powers, and it allowed state governments to disregard a potentially applicable constitutional requirement.

Question 4: Madison's Understanding of "Federal" & "National"

  • Madison viewed "Federal" as a system where states work together with the federal government to solve national issues, and states consider impact on the whole nation,
  • Madison viewed "National" as a system where states operate as individual entities, considering their own self-interests.

Question 5: Strictly Federal Act

  • A decision in Congress regarding a military response to foreign aggression.
  • Debate and vote by the House of Representatives on policy.
  • The amendment process for the Constitution.
  • Debate and vote in the Senate on policy.

Question 6: Federal Funds for Specific Purposes

  • Project grants
  • Categorical-formula grants
  • Revenue sharing grants
  • Block grants

Question 7: Constitutional Provision for State Court Enforcement

  • Full faith and credit clause.

Question 8: Categorical, Regulatory Preemption, Block Grants

  • The states most likely prefer block grants.

Question 9: Concurrent Powers Effect

  • Concurrent powers allow states and the national government to exercise influence in the same areas of public policy.
  • Concurrent powers foster cooperation between the two levels of government by requiring them to work together
  • Concurrent powers do not create completely separate spheres of influence.
  • Concurrent powers reinforce the national government's power and supremacy.

Question 10: Supreme Court Argument for Outlawing Segregation

  • The Court argued that segregation affected interstate commerce, giving Congress the authority to outlaw it.

Question 11: Cooperative Federalism Example

  • A public policy program jointly determined, administered, and funded by both the national government and a state government.

Question 12: Constitutional Basis for Capital Punishment Variation

  • The constitutional principle of dual federalism best explains why there are variations among states in the use of capital punishment.

Question 13: Dual Federalism

  • Views the Constitution as giving limited powers—primarily foreign policy and national defense—to the national government, leaving the rest to states.
  • Views the national government, states, and local governments as competing with each other.
  • Presumes that the power of the federal government is limited.
  • Conceived of federalism as a mixed set of responsibilities where all levels of government are engaged.

Question 14: Federalism Encourages Experimentation

  • National politicians and parties don't have to solve every issue at once, these issues are debated amongst states.
  • If states adopt programs that fail, the negative impact is limited, whereas if programs succeed, they can be adopted by other states and the national government.
  • Federalism provides a training ground for state and local politicians.

Question 15: Precluding Enforcement of Conflicting Law

  • Federal mandate

Question 16: Broad Grants to States

  • Block grants

Question 17: National Democrats' Preference on Federal Grants

  • Less strings, less federal supervision, and delegation of spending discretion to the states

Question 18: Importance of Federal Grants

  • To establish minimum national standards for things like highways and clean air

Question 19: Federal Grant Purposes

  • To establish minimum national standards for government responsibilities
  • To be able to control state and local political systems

Question 20: Conservative Justices View of Federalism

  • Limited national government favoring the broad reserved powers of the states,
  • A stronger but well defined national government directing most state actions.

Question 21: Constitutional Basis for Implied Powers

  • The Necessary and Proper Clause

Question 22: State Court Enforcement of Civil Judgments

  • Full faith and credit clause

Question 23: Centrists' Preference in Federalism

  • Cooperation between all levels of government.

Question 24: Federal Grant Purposes (Except)

  • To be able to control state and local political systems

Question 25: No Child Left Behind and ADA

  • Unfunded mandates

Question 26: National Issues

  • Not applicable, as this is not a question

Question 27: Flexibility in State/Nation Relationship

  • The relationship between federal and state governments is flexible enough to permit new forms of interaction.
  • Congress can use the commerce clause to address problems in public schools.
  • National policymaking is constrained by the sharing of power between the branches of government.

Question 28: Increasing School Accountability

  • Not applicable, as this is not a question

Question 29: Liberal Response to Strained Local Resources

  • An increase in federal spending on public education and programs for lower-income communities

Question 30: Comparison of McCulloch v. Maryland & U.S. v. Lopez

  • McCulloch v. Maryland: The Court upheld federal law based on the use of the Elastic Clause.
  • U.S. v. Lopez: The Court struck down federal law based on use of the Elastic Clause.

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