Question 1

In U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court declared term limits for members of the U.S. Congress _____.&#10;A) violative of the Membership Clause of Article I&#10;B) violative of the Tenth Amendment&#10;C) violative of the Republican Form of Government Clause of Article IV&#10;D) nonjusticiable under the &#34;political question&#34; doctrine

Accepted Answer

In U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court declared term limits for members of the U.S. Congress violative of the Membership Clause of Article I, which sets qualifications for members of Congress but does not allow states to add their own.

Question 2

The constitutional theory of implied powers is most closely associated with _____.&#10;A) McCulloch v. Maryland&#10;B) Chisholm v. Georgia&#10;C) Cohens v. Virginia&#10;D) Collector v. Day

Accepted Answer

The case of McCulloch v. Maryland established the constitutional theory of implied powers, which holds that Congress has powers beyond those explicitly granted in the Constitution, as long as those powers are necessary and proper for carrying out its enumerated powers.

Question 3

Cohens v. Virginia concerned a statute that regulated _____.&#10;A) railroads&#10;B) banks&#10;C) taxes&#10;D) lotteries

Accepted Answer

Cohens v. Virginia concerned a statute that regulated lotteries.

Question 4

Gonzales v. Raich concerned _____.&#10;A) term limits for members of Congress&#10;B) a California statute&#10;C) a gun crime in Texas&#10;D) federal taxes

Accepted Answer

Gonzales v. Raich concerned a California statute known as the Compassionate Use Act, which allowed for the use of medical marijuana. The case centered around whether or not the federal government could prohibit the use of medical marijuana, even if it was legal under state law. The Supreme Court ultimately ruled that federal law prohibiting marijuana use trumped state law, and that the federal government had the authority to enforce this prohibition.

Question 5

The doctrine or principle of national supremacy is most closely identified with _____.&#10;A) Roger B. Taney&#10;B) Salmon Chase&#10;C) John Marshall&#10;D) Justice John Gibson

Accepted Answer

The doctrine of national supremacy was established by Chief Justice John Marshall in the landmark case of McCulloch v. Maryland (1819), where he stated that “the Constitution and the laws made in pursuance thereof are supreme…they control the Constitution and laws of the respective states, and cannot be controlled by them.”

Question 6

The proposition that the central government and states confront each other in the relationship of superior and subordinate describes _____.&#10;A) the doctrine of dual federalism&#10;B) the doctrine of national supremacy&#10;C) the supremacy clause&#10;D) none of the above

Accepted Answer

The doctrine of national supremacy suggests that the central government holds a superior position over state governments, aligning with the description of a superior-subordinate relationship.

Question 7

The proposition that the national government and the states face each other as equals across a precise constitutional line defining their respective jurisdictions describes _____.&#10;A) the doctrine of national supremacy&#10;B) the doctrine of dual federalism&#10;C) the supremacy clause&#10;D) none of the above

Accepted Answer

This proposition describes the doctrine of dual federalism, which holds that the national government and the states have distinct and separate spheres of authority that do not overlap. This concept of federalism was dominant in American politics from the founding of the country until the mid-20th century.

Question 8

The doctrine or principle of dual federalism is most closely identified with _____.&#10;A) John Marshall&#10;B) Roger Taney&#10;C) James Wilson&#10;D) none of the above

Accepted Answer

Dual federalism, also known as "layer cake federalism," was most closely associated with Chief Justice Roger Taney during his tenure on the Supreme Court in the mid-19th century. This doctrine held that state and federal governments were co-equal and each had their own sphere of authority, which should not be infringed upon by the other.

Question 9

Governmental powers that derive from the mass of delegated powers or from a group of them are called ______.&#10;A) implied powers&#10;B) concurrent powers&#10;C) direct powers&#10;D) resulting powers

Accepted Answer

Resulting powers are those that derive from the combination or mass of delegated powers, as opposed to being explicitly stated or implied.

Question 10

The necessary and proper clause is found in ______.&#10;A) Article III&#10;B) the First Amendment&#10;C) Article I&#10;D) all of the above

Accepted Answer

The necessary and proper clause is located in Article I of the United States Constitution, also known as the "Elastic Clause" or "Implied Powers Clause." It grants Congress the authority to make laws that are necessary and proper for carrying out the powers granted to the federal government in the other provisions of the Constitution.

Question 11

McCulloch v. Maryland concerns a _____.&#10;A) telegraph line&#10;B) bridge&#10;C) bank&#10;D) railroad

Accepted Answer

The answer of McCulloch v. Maryland concerns a _____.&#10;A) telegraph...

Question 12

In what way(s) does Chisholm v. Georgia confirm or refute Federalist No. 78?

Accepted Answer

The answer of In what way(s) does Chisholm v. Georgia...

Question 13

In what way was section 25 of the Judiciary Act of 1789 at issue in Cohens v. Virginia?

Accepted Answer

The answer of In what way was section 25 of...

Question 14

The Supreme Court's decisions in both McCulloch v. Maryland and Cohens v. Virginia were very controversial in their day. Yet, in the first, the Court only agreed to accept an institution that Congress had already established; in the second, Virginia actually won on the merits. Why then would certain political groups have found Marshall's opinions in these two cases highly troubling?

Accepted Answer

The answer of The Supreme Court's decisions in both McCulloch...

Question 15

Consider John Marshall's opinions in McCulloch v. Maryland, Cohens v. Virginia, and Gibbons v. Ogden. From them is it plausible to conclude that the Chief Justice was more suspicious of actions of state legislatures than of Congress? Why? Explain. What do these opinions suggest about Marshall's vision of the Supreme Court's role in the young Republic?

Accepted Answer

The answer of Consider John Marshall's opinions in McCulloch v....

Question 16

What were the main points of contention between Justice Stevens (for the majority) and Justice Thomas (in dissent) in U. S. Term limits, Inc. v. Thornton? Explain.

Accepted Answer

The answer of What were the main points of contention...

Question 17

What might have been the consequences for the nation today had Maryland prevailed in the bank case and had Virginia prevailed on the jurisdictional point in Cohens?

Accepted Answer

The answer of What might have been the consequences for...

Question 18

Particularly as read in the light of McCulloch v. Maryland, why is Marshall's opinion in Gibbons v. Ogden so significant?

Accepted Answer

The answer of Particularly as read in the light of...

Question 19

Discuss the origin, justification, and significance of the doctrine of implied powers.

Accepted Answer

The answer of Discuss the origin, justification, and significance of...

Question 20

Explain the role of Section 25 of the Judiciary Act of 1789 in strengthening the U.S. Supreme Court's place in the American political system. Illustrate your essay with at least one assigned case, specifically exploring the consequences for the nation had Section 25 never been enacted.

Accepted Answer

The answer of Explain the role of Section 25 of...

Question 21

Consider the four approaches to constitutional interpretation discussed in the introductory essay for Chapter Two (on judicial review).
a. Which approach best characterizes Justice Stevens's opinion of the Court in U.S. Term Limits, Inc. v. Thornton (1995)? Explain.
b. Which approach best characterizes Justice Thomas's dissent in the same case? Explain.

Accepted Answer

The answer of Consider the four approaches to constitutional interpretation...

Question 22

What theory of federalism best characterizes Justice Nelson's opinion of the Court in Collector v. Day (1871)? Explain.

Accepted Answer

The answer of What theory of federalism best characterizes Justice...

Question 23

In United States v. Morrison (2000), what views of federalism do you find in the opposing opinions?

Accepted Answer

The answer of In United States v. Morrison (2000), what...

Deck 5: Federalism