Deck 2: Dividing Governmental Power

Question 1

Which of the following constitutional clauses has not contributed to the growth in federal power?

A) Supremacy Clause of Art. VI.
B) Necessary and Proper Clause of Art. I
C) Powers Clause of the Tenth Amendment
D) Commerce Clause

Answer 1

Powers Clause of the Tenth Amendment

Question 2

Which of the following was NOT intended to protect against tyranny?

A) Separations of Power
B) Federalism
C) Checks and Balances
D) Single Federal Executive

Answer 2

Single Federal Executive

Question 3

Assume that a state and the federal government hold concurrent jurisdiction over an issue and furthermore, both have enacted statutes to regulate the subject. However, the state statute is contrary to the federal law. The state law is:

A) valid.
B) invalid as preempted by the federal law under the Supremacy Clause.
C) invalid as preempted by the Necessary and Proper Clause.
D) invalid as violating the dormant Commerce Clause.

Answer 3

invalid as preempted by the federal law under the Supremacy Clause.

Question 4

Which model of federalism maintains the theory that the national government and the state governments are coequal sovereigns?

A) Dual Federalism
B) Hierarchical federalism
C) Cooperative federalism
D) Competitive federalism

Question 5

Which model of federalism maintains the theory that the national government is supreme to the state governments and that he powers of the national government are read broadly, and the Tenth Amendment is read as not granting any specific powers to the states?

A) Dual Federalism
B) Hierarchical federalism
C) Cooperative federalism
D) Competitive federalism

Question 6

What doctrine maintains that state laws that interfere with federal laws are invalid pursuant to the supremacy clause?

A) Preemption
B) States rights
C) War making
D) Sovereign Immunity

Question 7

Which doctrine maintains the idea that state laws that unduly burden interstate commerce, even if the subject is unregulated by the national government, are invalid under federalism principles, because the regulation of interstate and foreign commerce belongs exclusively to the federal government?

A) Preemption
B) States rights
C) Dormant Commerce Clause
D) Sovereign Immunity

Question 8

What power is traditionally held by states to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others?

A) Divine right
B) Police power
C) Power of the purse
D) Inherent power

Question 9

Federal executive orders are published in the:

A) U.S. Code.
B) Federal Register.
C) U.S. Statutes.
D) Book of laws.

Question 10

Statutes passed by Congress are found in the:

A) U.S. Code.
B) Federal Register.
C) U.S. Statutes.
D) Book of laws.

Question 11

Law from English heritage, that relies on judges developing legal principles to guide their decision making based on customs and practices of the time is called:

A) traditional law.
B) common law.
C) English law.
D) law of customs.

Question 12

The doctrine of stare decisis et non quieta movera means:

A) stand by precedents.
B) update your laws.
C) advance the law to fit societal needs.
D) make decisions quickly.

Question 13

Federal rules or regulations are found in the:

A) U.S. Code.
B) U.S. Constitution.
C) Code of Federal Regulations.
D) Statutes at Large.

Question 14

Who has the power to confirm federal court judges nominated by the President?

A) House
B) Senate
C) both the House and the Senate
D) State Legislatures

Question 15

Which article under the U.S. Constitution gives the power of the president to nominate federal court judges?

A) Article I
B) Article II
C) Article III
D) Article IV

Question 16

Which article under the U.S. Constitution sets forth the powers of Congress?

A) Article I
B) Article II
C) Article III
D) Article IV

Question 17

Which article under the U.S. Constitution sets forth the powers of the President?

A) Article I
B) Article II
C) Article III
D) Article IV

Question 18

Which of the following is an exclusive power of the federal government?

A) taxing citizens
B) coining money
C) constructing roads
D) borrowing money

Question 19

Federalism refers to the division of governmental powers into three branches, legislative, executive, and judicial.

Question 20

The Framers of the United States Constitution divided governmental power between the states and federal government, and between the three branches at the federal level, in order to prevent tyranny.

Question 21

The Constitution creates three independent branches of government at the federal level, each delegated certain powers that are held exclusively.

Question 22

The Framers intended for the federal government to have limited powers and the states to have those powers not delegated to the federal government.

Question 23

Under a dual federalism approach, the federal government is dominate and more powerful than the states.

Question 24

Under a cooperative federalism approach, the federal government is dominate and more powerful than the states.

Question 25

The so-called "police power"
is generally a state power.

Question 26

Presidential executive orders have the authority of congressional enacted statues, assuming presidential authority over the subject regulated exists.

Question 27

The Bill of Rights was intended to be applied only against the national government.

Question 28

As a check on the president, the U.S. Supreme Court holds the authority of impeachment and removal.

Question 29

Through judicial review, the judiciary checks the president's actions for constitutionality.

Question 30

Judges may be removed through impeachment by Congress.

Question 31

No branch is completely independent in the performance of its functions.

Question 32

Legislation that conflicts with the U.S. Constitution may be declared void by the President.

Question 33

State constitutions are the highest form of law for state law subjects.

Question 34

The common vehicle for presidential lawmaking is the executive order.

Question 35

Federalism, separation of powers, and checks and balances are all intended to prevent ________ and the usurpation of state sovereignty.

Question 36

Article I, Section 8, clause 18, commonly known as the Necessary and Proper ________, grants to Congress the power to make all laws "necessary and proper" for carrying out its constitutional responsibilities.

Question 37

Any state or local law that conflicts with the Constitution or a treaty of the United States is invalid because of the ________ Clause found in Article VI of the U.S. Constitution.

Question 38

The powers to tax citizens, charter banks, and build roads are examples of ________ powers between the federal and state governments.

Question 39

The president has been delegated the authority to nominate federal judges and other governmental officers, but the appointments are final only after confirmation by the ________.

Question 40

The president is the ________-in-chief of the military but Congress is responsible for declaring war.

Question 41

Legislation that conflicts with the U.S. Constitution may be declared void by the ________.

Question 42

Congress can ________ a presidential veto with a two-thirds majority vote.

Question 43

All executive orders are published in the Federal ________, a U.S. government­ publication of new regulations, executive orders and proclamations, notices by government agencies of impending action, and other documents required to be published by government agencies.

Question 44

Federal statutes enacted by Congress are organized by subject matter into the U.S. ________.

Question 45

Match the description its term

-the clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 46

Match the description its term

-the power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 47

Match the description its term

-the theory that the national government and the state governments are coequal sovereigns

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 48

Match the description its term

-the idea that state laws that unduly burden interstate commerce, even if the subject is unregulated by the national government, are invalid under federalism principles, because the regulation of interstate and foreign commerce belongs exclusively to the federal government

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 49

Match the description its term

-the system by which the states of the United States relate to one another and to the federal government

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 50

Match the description its term

-the doctrine that both the states and the national government possess some immunity from the regulation of the other under federalism principles

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 51

Match the description its term

-the theory that the national government is supreme to the state governments

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 52

Match the description its term

-a right applied is applied against the states it is fundamental and necessary to an ordered liberty

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
i. Dual Federalism
j. Intergovernmental Immunity Doctrine

Question 53

Match the description its term

-Article I of the Constitution grants to Congress the power to make all laws "necessary and proper" for carrying out its constitutional responsibilities

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 54

Match the description its term

-doctrine that state laws that interfere with federal laws are invalid pursuant to the Supremacy Clause

A) Federalism
B) Necessary and Proper Clause
C) Incorporation
D) Dormant Commerce Clause Doctrine
E) Police Power
F) Preemption Doctrine
G) Commerce Clause
H) Hierarchical Federalism
I) Dual Federalism
J) Intergovernmental Immunity Doctrine

Question 55

What is the preemption doctrine?

Question 56

What is the difference between hierarchical and dual federalism?

Question 57

How does Congress serve as a check on the president in terms of foreign affairs?

Question 58

Which branch of the national government you think currently has the most power: the legislative, executive, or judicial? Explain your position.

Question 59

Which check on the executive branch by the legislative branch is the power powerful?