Ch 3 & 4 Federalism

What U.S. Supreme Court case was the first one to strike down an action of federal government under the commerce clause since the New Deal?

United States v. Lopez (1995)

What government function did the states retain from 1800 to 1933?

private property

Who has the power to regulate commerce with foreign nations, among multiple states, and with Indian tribes?

congress

In terms of federalism, which of the following statements would characterize the presidencies of George W. Bush and Barrack Obama?

Both presidents shifted power toward the federal government

In 1996, how did Congress change welfare for the states?

It changed welfare from a combined federal-state program into a block grant for the states

What type of federalism occurred from 1789 to 1937

dual federalism

What era signaled the rise of a more active national government?

New Deal era

What clause in the U.S. Constitution requires states to recognize actions and decisions taken in other states

legal and proper full-faith and credit clause

Why is the idea of states' rights significant to understanding the historical relationship between the state and national governments?

the states' rights perspective was at the center of the dispute between southern and northern states prior to the Civil War.

What is a major problem with federalism and unfunded mandates?

Costs were imposed on state and local governments for which they were not reimbursed from the national government.

Why are McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) relevant to understanding federalism?

Both cases established that national law was supreme over state law.

In the United States, which government is responsible for national defense and foreign affairs?

National

What amendment is designed to reserve power to the states?

10th

During the New Deal era, what did the U.S. Supreme Court do to expand the national government's authority?

The Court converted the commerce clause as a source of limitation to a source of power for the national government

Cooperative federalism is also known as

marble cake federalism

A state's authority to regulate health, safety and morals is commonly known as

police powers

What was the first nation to adopt federalism?

United States

What clause in the U.S. Constitution requires that states must treat visitors from other states the same as their own residents?

Privileges and immunities clause

True or false: The Constitution guarantees that a state cannot discriminate against someone from another state

TRUE

Block grants are designed to:

give the states considerable say in how the money should be spend

Federal officials seeking to give state government more authority are most likely to support

block grants

What was the overall importance of the Supreme Court case McCulloch v. Maryland?

The Court interpreted the delegated powers of Congress broadly, creating the potential for increased national powers

True or false: Federal systems are most commonly found in countries that have a highly homogeneous population

FALSE

Which statement best describes the Supreme Court's trend in interpreting federalism since the mid-1990s?

The Court has limited the power of the national government over the state governments

Which of the following Supreme Court cases limited federal power?

United States v. Lopez and Printz v. United States

The principle of ______ gives the federal government the power to override any state or local law in one particular area of policy.

Preemption

True or false: Local governments are not mentioned anywhere in the U.S. Constitution

TRUE

If the federal government compels state governments to obey costly regulations but does not reimburse those costs, it is called an

unfunded mandate

A federal grant for states to afford increasing health care facilities would be an example of a

categorical grant

Which level of government writes the majority of criminal laws?

The state governments

Which statement best describes American federalism since the 1930s

Although the federal government has grown significantly more powerful since the 1930s, the basic framework of American federalism has not been altered and state governments remain important.

Which clauses of the Constitution involve the relationships among various states?

The full faith and credit clause and the privileges and immunities clause

The United States, Canada, and Switzerland can all be described as ______ systems of government, while France can be described as a ______ system of government.

federal; unitary

Using block grants to return power to the states was part of the Nixon and Reagan administrations

New federalism

The source of an implied power under the Constitution is the ______ clause.

Necessary and proper

Federal laws concerning crime mostly deal with:

the District of Columbia and other federal territories

What was a major reason that the slogan "states' rights" became tarnished in the 1950s and 1960s?

It had been used by southern opponents of the civil rights movement to support racial segregation.

Disapproval of unfunded mandates is most common among

those who want to reduce the power of the federal government

When both state and national governments possess a certain level of authority, it is called

concurrent power

True or false: Cooperative federalism ended during the Civil War

FALSE

Congressional grants paid for ______ percent of the development of an interstate highway after World War II

90

Which of the following is the best example of a unitary system of government?

the federal government sets education policies for all schools

Nations that adopt a federal arrangement tend to have

diverse ethnic or language group

Under the traditional system of American federalism:

most of the fundamental governing in the United States was done by state governments

How did the traditional system of dual federalism establish a "commercial republic"?

The function of the federal government was to promote and assist commerce

The form of federal assistance called ______ provides money to state governments with no strings attached.

General revenue sharing

Which of the following economic policies was the national government allowed to implement during the nineteenth century?

Establishing a series of national banks

Which of the following statements about federal grants in aid is FALSE?

Spending on federal grants-in-aid has decreased dramatically since 1970.

True or false: McCulloch v. Maryland gave Congress potentially expansive powers for regulating commercial activity.

TRUE

True or false: Since the New Deal, the Supreme Court has never restricted Congress's power under the commerce clause

FALSE

Which president was the first to promote New Federalism?

Richard Nixon

Which event was most influential in the rise of a more active national government? The Great Depression

...

Who wrote the Supreme Court opinions in both McCulloch v. Maryland and Gibbons v. Ogden?

John Marshall

Why did some governors object to the American Recovery and Reinvestment Act (ARRA)?

They believed that the federal government was using the ARRA to dictate state spending priorities

According to the text, when was the era of dual federalism?

from the ratification of the Constitution until the New DeaL

During most of the nineteenth century, Congress used its powers to ______ commerce

facilitate

Which is the best example of a concurrent power under the federal constitution

the power to regulate commercial activity

If the federal government forced the state of New York to implement tougher water pollution regulations than the state legislature has passed, it would be referred to as

preemption

The privileges and immunities clause of Article IV is also referred to as the:

comity clause

The Tenth Amendment of the U.S. Constitution addresses:

reserved powers

True or false: The full faith and credit clause demands that the U.S. government run a balanced budget

FALSE

Which clause of the Constitution has been critical in allowing the growth of national power?

The commerce clause

Chartering a bank is a ______ power, because both federal and state governments have the authority to do it.

Concurrent

True or false: The Tenth Amendment gives the national government expressed powers over state governments

FALSE

The specific powers granted to the national government in Article I, Section 8, of the Constitution are called the

expressed powers

Which of the following statements about the structure of American federalism is true?

It has contributed to the longevity of the U.S. government by allowing many divisive policy decisions throughout American history to be made by states.

The Supreme Court upheld a state university ban on Tupperware parties in college dormitories, upheld laws prohibiting the electronic media from carrying cigarette advertising, and upheld a Puerto Rico statute restricting the advertising of casino gambling

commercial speech

The exclusionary rule of the Fourth Amendment, the self- incrimination clause of the Fifth Amendment, and the "right to counsel" provision of the Sixth Amendment are controversial because

their application sometimes frees defendants who seem to be guilty as charged.

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called

strict scrutiny.

Which 1937 Supreme Court case established the principle of selective incorporation

Palko v. Connecticut

The Second Amendment right to bear arms was applied to the states via selective incorporation in

McDonald v. Chicago.

Ten years after the Brown decision, about _______ percent of African American school-age children in the Deep South were attending schools with whites.

1

Miranda rights were established by the Supreme Court as an extension of ____________ right

Fifth Amendment

Which of the following describes a written statement made in reckless disregard of the truth that is considered damaging to a victim because it is malicious, scandalous, and defamatory?

libel

Which amendment in the Bill of Rights was most recently applied to the states via selective incorporation?

The Second Amendment: right to bear arms

As the textbook notes, four forms of speech fall outside the absolute guarantees of the First Amendment and therefore outside the realm of protected forms of speech. Which of the following is not a conditionally protected form of speech?

Political speech

The Bill of Rights initially applied to the ___________ government, while today the Bill of Rights applies to the __________________ governments

national and state

The ________________ was originally associated with citizen participation in militias.

Second Amendment

The right to privacy was established in which case?

Griswold v. Connecticut

____________ Limit what the government can do, while ____________ define how the government can act

Substantive liberties; procedural liberties

The rule that prohibits evidence obtained during an illegal search from being introduced in a trial is called the _________

exclusionary

What level of scrutiny does the Supreme Court use in cases related to sex and gender discrimination?

intermediate scrutiny

Which of the following statements best reflects the nature of the Bill of Rights?

The rights guaranteed by the Bill of Rights have varied over time, according to decisions by the Supreme Court.

Which of the following civil liberties has been strengthened over time?

Right to an attorney (Sixth Amendment)

The Bill of Rights originally applied to only the ______

national government.

________" is defined as the Supreme Court's using the Fourteenth Amendment to apply civil liberties in the Bill of Rights to the states on a case-by-case basis

Selective incorporation

In cases of racial discrimination, the Supreme Court uses the ____________ test

strict scrutiny