Federalism and Constitutional Concepts

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Questions and Answers

What is marble cake federalism also known as?

Dual Federalism

Layer Cake Federalism

Cooperative Federalism (correct)

Centralized Federalism

What does layer cake federalism indicate?

Distinct layers of government, each with their own sphere of influence.

The Equal Protection Clause allows states to enforce laws that abridge citizens' privileges and immunities.

False

What does the Due Process Clause prohibit?

Arbitrary deprivation of life, liberty, or property. Signup and view all the answers

What does the Supremacy Clause establish?

The Constitution and federal laws take priority over conflicting state laws. Signup and view all the answers

What is the purpose of the Full Faith and Credit Clause?

To respect public acts, records, and judicial proceedings of every state. Signup and view all the answers

What is a mandate in politics?

The authority granted by a constituency to act as its representative. Signup and view all the answers

What is direct democracy?

A form of democracy where people decide on policy initiatives directly. Signup and view all the answers

What does the Necessary and Proper Clause allow Congress to do?

Make all laws necessary and proper for carrying into execution its powers. Signup and view all the answers

What is the General Welfare Clause?

A provision that allows the government to enact laws for the general welfare of the people. Signup and view all the answers

What was the 3/5th Compromise?

Agreement to count three-fifths of the slave population for direct taxation and representation. Signup and view all the answers

Who were the Federalists?

Advocates of a strong central government in the early U.S. Signup and view all the answers

What did the Anti-Federalists oppose?

The creation of a stronger U.S. federal government. Signup and view all the answers

What is a block grant?

A specified amount of federal funds provided to states for broad purpose programs. Signup and view all the answers

What is judicial review?

The power of the judiciary to review and invalidate legislative and executive actions. Signup and view all the answers

Who was James Madison?

The fourth president of the United States and a Founding Father. Signup and view all the answers

Who was Thomas Jefferson?

The third president of the United States and a Founding Father. Signup and view all the answers

Who was Alexander Hamilton?

An American statesman and Founding Father who advocated for a strong national government. Signup and view all the answers

Who was John Locke?

An English philosopher known as the 'Father of Liberalism'. Signup and view all the answers

What was the Virginia Plan?

A proposal for a national government with three branches and a bicameral legislature. Signup and view all the answers

What was the New Jersey Plan?

A plan proposing a unicameral legislature with equal state votes. Signup and view all the answers

What were the Articles of Confederation?

The first written constitution of the United States, established in 1777. Signup and view all the answers

What does Article I establish?

The legislative branch of the federal government. Signup and view all the answers

What does Article II establish?

The executive branch of the federal government. Signup and view all the answers

What does Article III establish?

The judicial branch of the federal government. Signup and view all the answers

What does Article IV outline?

The relationship between states and the federal government. Signup and view all the answers

What is Federalist Paper #10 about?

It defends republican government and discusses majority rule vs. minority rights. Signup and view all the answers

What is the focus of Federalist Paper #51?

The creation of checks and balances within the government. Signup and view all the answers

What was the argument of Brutus #1?

Federal power was dangerous and the Constitution granted too much power to the federal government. Signup and view all the answers

What are enumerated powers?

Powers granted specifically to Congress by the Constitution. Signup and view all the answers

What are expressed powers?

Powers explicitly granted to the federal government in the Constitution. Signup and view all the answers

What are implied powers?

Powers not explicitly stated but are necessary for executing expressed powers. Signup and view all the answers

What is the 2nd Amendment?

The right of the people to keep and bear Arms shall not be infringed. Signup and view all the answers

What does the 10th Amendment state?

Powers not delegated to the United States are reserved to the States or the people. Signup and view all the answers

What does the 14th Amendment guarantee?

Citizenship to all persons born in the U.S. and equal protection under the law. Signup and view all the answers

What did McCulloch v. Maryland establish?

The scope of Congress's legislative power and its relation to state power. Signup and view all the answers

What was the outcome of Charles River Bridge v. Warren Bridge?

Rights not specifically conferred by a charter cannot be inferred. Signup and view all the answers

What principle did Marbury v. Madison establish?

Judicial review—the power to declare acts unconstitutional. Signup and view all the answers

What did McDonald v. Chicago determine?

The right to keep and bear arms is enforceable against the states. Signup and view all the answers

What did Obergefell v. Hodges rule?

Same-sex marriage is guaranteed by the Due Process and Equal Protection Clauses. Signup and view all the answers

What is an ex post facto law?

A law that retroactively changes the legal consequences of actions. Signup and view all the answers

What are unfunded mandates?

Federal requirements imposed on states without accompanying funds. Signup and view all the answers

What is a writ of habeas corpus?

A court order requiring the custodian of an individual to produce them before a court. Signup and view all the answers

What is extradition?

The act of delivering a person accused of a crime to another jurisdiction. Signup and view all the answers

What are political factions?

Groups within a political party that share a common political purpose. Signup and view all the answers

Study Notes

Federalism Concepts

Marble Cake Federalism: Represents cooperative federalism where federal and state governments collaborate on various issues.
Layer Cake Federalism: Depicts distinct levels of government, each with its own roles; the federal government acts as the icing binding yet separating the state layers.

Important Constitutional Clauses

Equal Protection Clause: Prohibits states from denying any person equal protection of the laws, directly addressing civil rights and liberties.
Due Process Clause: Embedded in the Fifth and Fourteenth Amendments, forbids arbitrary denial of life, liberty, or property by the government without lawful procedures.
Supremacy Clause: Establishes that federal law takes precedence over state law, creating a hierarchy in legal authority.
Full Faith and Credit Clause: Mandates states to respect the public acts, records, and judicial proceedings of other states.

Political Concepts

Mandate: Authority granted by constituents for representatives to act on their behalf; fundamental for democratic governance.
Direct Democracy: A system where citizens participate directly in policymaking instead of through elected representatives.

Constitutional Powers

Necessary and Proper Clause (Elastic Clause): Allows Congress to create laws deemed necessary for executing its enumerated powers.
General Welfare Clause: Authorizes the government to enact laws that promote the general welfare of its citizens.

Historical Compromises

3/5th Compromise: Agreement during the Constitutional Convention to count three-fifths of the slave population for tax and representation purposes.

Political Parties and Movements

Federalists: Advocated for a strong central government, dominating early U.S. politics from 1789 to 1801.
Anti-Federalists: Opposed stronger federal government and the ratification of the Constitution, favoring state authority.

Legislative Framework

Block Grant: Federal funds provided to state and local governments for broad purpose programs.

Judicial Concepts

Judicial Review: The ability of the judiciary to invalidate legislative and executive actions deemed unconstitutional.

Founding Fathers

James Madison: Known as the "Father of the Constitution," he advocated for governance through checks and balances.
Thomas Jefferson: Criticized strong central government; promoted states' rights and individual liberties.
Alexander Hamilton: Advocated for a strong national government and believed state governments should be phased out.
John Locke: Influential Enlightenment thinker, emphasized separation of powers and the authority of the legislature.

Constitutional Articles

Articles I-III: Establish the legislative, executive, and judicial branches of government, respectively.
Article IV: Details the relations among states and between states and the federal government.

Influential Papers

Federalist Paper #10: Discussed the balance of majority rule and minority rights in a large republic.
Federalist Paper #51: Examined the importance of checks and balances within the government structure.
Brutus #1: Criticized federal power, raising concerns about the Necessary and Proper Clause and the Supremacy Clause.

Types of Powers

Enumerated Powers: Explicitly listed powers granted to Congress, primarily in Article I, Section 8.
Expressed Powers: Specific powers granted by the Constitution including coining money and declaring war.
Implied Powers: Powers not explicitly stated but necessary to implement expressed powers.

Amendments

2nd Amendment: Protects the right to keep and bear arms.
10th Amendment: Reserves powers not delegated to the federal government to the states or the people.
14th Amendment: Guarantees citizenship rights and equal protection under the law.

Landmark Supreme Court Cases

McCulloch v. Maryland: Defined the relationship between federal and state legislative powers.
Marbury v. Madison: Established the principle of judicial review.
McDonald v. Chicago: Incorporated the Second Amendment against the states through the Fourteenth Amendment.
Obergefell v. Hodges: Affirmed the right to marry for same-sex couples.

Legal Principles

Ex Post Facto Law: Laws that retroactively change criminal consequences.
Unfunded Mandates: Federal laws requiring state or local governments to perform functions without funds provided.
Writ of Habeas Corpus: Legal order compelling the production of an individual in custody in court.
Extradition: Process of delivering an accused person from one jurisdiction to another.

Political Factions

Political Faction: Subgroups within a political party with differing beliefs, often acting to influence party dynamics and policy.

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Description

This quiz covers key concepts of federalism, including marble cake and layer cake federalism, as well as crucial constitutional clauses like the Equal Protection Clause and Due Process Clause. Test your knowledge on how federal and state governments interact and the principles that govern civil rights and legal authority.