Deck 3: Federalism and the Separation of Powers

Question 1

In addition to the expressed powers granted to the federal government, which powers are derived from the expansive interpretation of delegated powers?

A)implied powers
B)essential powers
C)liquid powers
D)appropriate powers
E)liberal powers

Answer 1

A

Question 2

Federalism seeks to limit governmental tyranny by distributing power among which two sovereign entities?

A)president and Congress
B)president and vice president
C)national and state governments
D)government and the people
E)House of Representatives and the Senate

Answer 2

C

Question 3

The allocation of primary control over police powers, property rights, and education to state and local governments is an example of a jurisdictional plan under which principle?

A)collective action principle
B)rationality principle
C)history principle
D)policy principle
E)institution principle

Answer 3

E

Question 4

The Tenth Amendment to the U.S.Constitution declares that the powers the Constitution does not delegate to the national government or to the states are

A)reserved to the states or to the people.
B)reserved for county and municipal governments.
C)not to be exercised by any governmental authority.
D)to be exercised only through specific legislation passed by Congress.
E)relatively few and rarely exercised.

Question 5

The doctrine that allowed the national government to increase the scope of its authority considerably through the Supreme Court's expansive interpretation of delegated powers was based on the __________ clause.

A)ex post facto
B)advise and consent
C)full faith and credit
D)necessary and proper
E)reserved powers

Question 6

Which constitutional amendment was adopted to address the Antifederalists' concerns that a strong central government would encroach upon the power of the states?

A)First Amendment
B)Third Amendment
C)Tenth Amendment
D)Thirteenth Amendment
E)Seventeenth Amendment

Question 7

Limiting government by dividing it into two levels (national and state), each with sufficient independence to compete with the other, is called

A)federalism.
B)separation of powers.
C)checks and balances.
D)representation.
E)nationalism.

Question 8

The national government under the Articles of Confederation is an example of a national government that

A)was dominated by the executive branch.
B)had too much power.
C)allowed powerful federal agencies to overregulate businesses.
D)could not restrain its hereditary judiciary.
E)lacked sovereignty.

Question 9

Though the Constitution does not explicitly grant the federal government power to establish and prosecute crimes occurring within the states, over time Congress has created a large body of federal criminal law to prosecute crimes that occur in more than one state, such as the Federal Kidnapping Act.The power of Congress to enact such statutes comes from the implied powers granted by which clause in the Constitution?

A)commerce clause
B)supremacy clause
C)full faith and credit clause
D)privileges and immunities clause
E)necessary and proper clause

Question 10

When the Supreme Court ruled that the federal government had the power to create a national bank because it had other specific powers enumerated in the Constitution, it did so by invoking

A)the necessary and proper clause.
B)expressed powers.
C)the full faith and credit clause.
D)the comity clause.
E)stare decisis.

Question 11

The system of government in which a constitution divides power between a central government and regional governments is known as

A)bicameralism.
B)federalism.
C)split government.
D)separation of powers.
E)socialism.

Question 12

Powers derived from the Tenth Amendment to the Constitution that are not specifically delegated to the national government or denied to the states are known as __________ powers.

A)withheld
B)separation
C)reserved
D)gray
E)expressed

Question 13

The use of federalism to distribute power among multiple actors is an example of which of the five principles?

A)history, because the independence of U.S.states grew out of the combination of Spanish, French, and English colonies that met at the Constitutional Convention
B)institution, because it reflects the influence of structural design on political outcomes
C)collective action, because it helps state and federal authorities work together
D)rationality, because politicians wanted a system that offered them lots of opportunities to run for office
E)policy, because many actors saw their preferences overridden

Question 14

In Brown v.Board of Education (1954), the Supreme Court ruled that schools segregated by race were unconstitutional.In response, some states opposed to desegregation passed laws to prevent the desegregation of schools.However, the Supreme Court again ruled in Cooper v.Aaron (1958) that its 1954 decision was binding on all states, regardless of conflicting state laws.Which clause in the Constitution allowed the Supreme Court to make this 1958 ruling?

A)commerce clause
B)supremacy clause
C)full faith and credit clause
D)privileges and immunities clause
E)necessary and proper clause

Question 15

Which term describes the division of powers and functions between national and state governments?

A)apportionment
B)divided government
C)checks and balances
D)separation of powers
E)federalism

Question 16

All of the following are examples of the police powers reserved to the states EXCEPT

A)licensing members of professions, such as lawyers and hairdressers.
B)ensuring compliance with state-employed religious inspectors.
C)defining and protecting private property.
D)defining and regulating marriage and divorce laws.
E)enforcing laws against criminal behavior.

Question 17

The fact that the framers established a federal system in which the states retained a significant amount of the power they had under the Articles of Confederation is an illustration of the importance of the

A)institution principle.
B)writ of habeas corpus.
C)history principle.
D)policy principle.
E)rationality principle.

Question 18

We know that states have the power to establish local governments even though that power is not specifically granted to either the federal or state governments in the text of the Constitution.This is an example of a(n) __________ power.

A)implied
B)balance of
C)expressed
D)inherent
E)reserved

Question 19

In addition to expressed and implied powers, the Constitution affirmed the power of the national government over state governments in the

A)reserved powers clause.
B)supremacy clause.
C)federal ascendancy provision.
D)national establishment provision.
E)full faith and credit clause.

Question 20

A government that has supreme and independent political authority is said to have

A)the structure of a republic.
B)the structure of a democracy.
C)an autocratic dictator.
D)the power of sovereignty.
E)balance of power.

Question 21

In a federal system, the 50 state governments retain sovereignty, which prevents the federal government from interfering in the financial matters of states.However, state governments can become involved in the fiscal matters of local governments, which is most recently evident in the state takeover of the city finances of Harrisburg, Pennsylvania, and Flint, Michigan.Why can state governments interfere in the fiscal matters of local governments when the federal government cannot do so with state governments?

A)The Constitution was amended to increase the power of states over local matters.
B)The Constitution explicitly gives states the right to intervene in local affairs.
C)Local governments are not recognized by the U.S.Constitution.
D)Congress passed a law allowing the states to intervene in local affairs.
E)Many state governments are authoritarian.

Question 22

Two or more states reach a legally binding agreement about how to solve a problem that crosses state lines through

A)a treaty.
B)a compact.
C)statutory bargain.
D)a bill of attainder.
E)transaction clause.

Question 23

Each state is normally expected to honor the "public Acts, Records, and Proceedings" that take place in any other state because of Article IV, Section 1, of the Constitution, which is referred to as the __________ clause.

A)comity
B)civility
C)due and proper
D)necessary and proper
E)full faith and credit

Question 24

The power to levy taxes is an example of a(n) __________ power.

A)police
B)socialist
C)exclusive
D)concurrent
E)reserved

Question 25

Article IV, Section 2, of the Constitution prohibits a state from discriminating against someone from another state or giving special advantages to its own residents.That section is referred to as the __________ clause.

A)establishment
B)general welfare
C)habeas corpus
D)interstate relations
E)comity or privileges and immunities

Question 26

A prisoner convicted of murder and facing the death penalty in the state of Texas escapes but is later recaptured by authorities in the state of Vermont.Unlike Texas, Vermont does not have the death penalty.In this case, the state of Vermont is required to

A)put the prisoner to death.
B)turn the prisoner over to the federal prison system.
C)hold a new trial in a Vermont court.
D)incarcerate the prisoner for life without parole.
E)return the prisoner to Texas.

Question 27

The power delegated by the state to a local unit of government to manage its own affairs is called

A)home rule.
B)rule of the interior.
C)vesting power.
D)decree of authority.
E)jurisdictional decree.

Question 28

The commerce clause of the Constitution gives the federal government power to

A)regulate commerce within and among states but not trade with foreign nations.
B)sell surplus commodities to the states.
C)regulate international commerce only.
D)regulate interstate commerce and trade with foreign nations.
E)nationalize profitable corporations to augment federal revenues.

Question 29

Private property exists because laws against trespass are defined by

A)state statutes.
B)city ordinances.
C)the U.S.Congress.
D)the Universal Declaration of Human Rights.
E)the Bill of Rights.

Question 30

Article IV of the U.S.Constitution calls for "full faith and credit," meaning that

A)each state is expected to honor the public acts of other states, such as marriages.
B)a state cannot discriminate among its citizens based on religion or income.
C)the laws passed at the national level are superior to state laws.
D)states have the power to regulate the health, welfare, and morals of their citizens.
E)the federal government is obligated to pay its debts.

Question 31

Imagine you are a resident of California and have a California driver's license.If you decide to take a road trip to Arizona, which clause of the Constitution requires Arizona to recognize your California driver's license?

A)commerce clause
B)supremacy clause
C)full faith and credit clause
D)privileges and immunities clause
E)necessary and proper clause

Question 32

The system of government that prevailed in the United States from the writing of the Constitution to approximately the Great Depression could be most accurately characterized as __________ federalism.

A)dual
B)triple
C)separation of powers
D)separate but equal
E)principal-agent

Question 33

If a couple marries in Texas as regulated by state law, then Missouri must also recognize that marriage according to the ________ clause even though the couple was not married under Missouri state law.

A)comity
B)full faith and credit
C)necessary and proper
D)privileges and immunities
E)supremacy

Question 34

Until 2013, states had not been required to recognize same-sex marriages legalized in other states, despite the full faith and credit clause, because of

A)the comity clause.
B)the 1996 Defense of Marriage Act.
C)the supremacy clause.
D)the privileges and immunities clause.
E)their police powers.

Question 35

A well-known contemporary example of a legally binding compact between two states is the

A)North Atlantic Treaty Organization.
B)North American Free Trade Agreement.
C)Port Authority of New York and New Jersey.
D)Dallas/Fort Worth Metroplex Chamber of Commerce.
E)Saint Lawrence Seaway.

Question 36

Powers reserved to the government to regulate the health, safety, and morals of its citizens are known as __________ powers.

A)police
B)implied
C)essential
D)concurrent
E)nanny

Question 37

Which clause in Article IV of the Constitution prevents a state such as Florida from prohibiting legal residents of other states from buying property in Florida?

A)commerce clause
B)supremacy clause
C)full faith and credit clause
D)the comity or privileges and immunities clause
E)necessary and proper clause

Question 38

The power of eminent domain refers to

A)the right of the federal government to take any property it deems desirable without compensation.
B)the right of state governments to take private property for public use with compensation for the loss.
C)the right of state governments to take private property for private use by elected officials.
D)the right of state governments to take public property owned by the federal government for public use by state residents.
E)the right of state governments to take private property for public use without compensation for the loss.

Question 39

The power of state and federal authorities to charter banks is an example of a(n) __________ power.

A)police
B)reserved
C)exclusive
D)concurrent
E)full faith and credit

Question 40

The system of government from 1789 to about 1937, in which fundamental governmental powers are shared between the federal and state governments and in which the states exercise the most important powers, is known as

A)a confederacy.
B)a duopoly.
C)separation of powers.
D)dual federalism.
E)marble cake federalism.

Question 41

The type of federalism that occurs when the national government actually threatens to withhold grant money unless state and local governments conform to national standards on issues like civil rights and environmental protection is known as __________ federalism.

A)restricted
B)regulated
C)hostage
D)contingent
E)competitive

Question 42

In 1973, at the height of the oil shortage, a national speed limit of 55 miles per hour was imposed on the states by congressional legislation that threatened withdrawal of highway funds if state legislatures failed to lower allowable speeds.This is an example of encouraging state behavior through

A)hostage grants.
B)an unfunded mandate.
C)grants-in-aid.
D)dual federalism.
E)layer cake federalism.

Question 43

Over the course of American history, how has the Supreme Court interpreted the interstate commerce clause of Article I, Section 8?

A)The Supreme Court has consistently supported an expansive interpretation of the word commerce and hence the growth of federal power.
B)The Supreme Court has favored a strict interpretation of the phrase interstate commerce, thereby leaving bartering completely unregulated.
C)The Supreme Court has interpreted the word interstate to mean "between nation-states" and hence not applicable to domestic trade.
D)The Supreme Court was supportive of the federal government early on, later limited the scope of federal power, and then consented to large-scale central regulation of the economy during the 1930s.
E)Early on, the Supreme Court favored a restrictive standard, followed by a broad definition of commerce to crack down on child labor and then a return to a restrictive standard to support the New Deal program.

Question 44

The system of supportive relations among national, state, and local governments since the 1930s is often referred to as

A)friendly federalism.
B)associative federalism.
C)the Triple Entente.
D)exhortative intergovernmental relations.
E)cooperative federalism.

Question 45

The first and most important Supreme Court case favoring national power over the economy was

A)Barron v.Baltimore.
B)United States v.Lopez.
C)McCulloch v.Maryland.
D)Dred Scott v.Sandford.
E)Plessy v.Ferguson.

Question 46

Late in the nineteenth century, when the national government sought to use its power to regulate the economy rather than merely promote economic development, the Supreme Court's interpretation of the concept of interstate commerce began to operate more as a

A)catalyst for change.
B)restraint on state and federal regulation.
C)stimulus for economic demand.
D)point of leverage.
E)source of national power.

Question 47

In the late nineteenth century, why was the Supreme Court willing to allow federal regulation of railroads and waterway transportation but less willing to allow regulation of factory and workplace safety?

A)American society was so agriculture-oriented in the 1880s and 1890s that factory and workplace safety was not important enough to allow the federal government to act.
B)The workplace is inherently local because the goods produced there have not yet passed into commerce and crossed state lines.
C)The Supreme Court ruled in McCulloch v.Maryland that the federal government had no power to regulate workplace safety, a precedent that was strictly followed until the New Deal.
D)During this period, the Supreme Court was staffed by Democratic appointees who sought to block federal workplace regulations.
E)During this period, most Supreme Court justices promised to support congressional regulation of transportation in their Senate confirmation hearings.

Question 48

A new federal program administered by the U.S.Department of Housing and Urban Development allows the governments of cities with a population over 250,000 to submit proposals outlining local plans to provide housing assistance for low-income families.The federal agency then evaluates the proposals and allocates funds on a competitive basis.This kind of funding program would best be classified as a(n) __________ grant.

A)project
B)venture
C)market
D)formula
E)investment

Question 49

Grant programs in which a set of distributive criteria established by law is used to determine the amount of federal funds a state or local government will receive are known as __________ grants.

A)project
B)formula
C)entitlement
D)community redevelopment
E)tax remuneration

Question 50

The main issue in the 1824 case Gibbons v.Ogden was the question of the power of the state of New York to grant a monopoly to

A)the New York Times as the sole newspaper in New York City.
B)an electrical utility to run lines through New York City.
C)a railroad company to lay tracks from New York City ports to the state capital of Albany.
D)a steamboat company to operate between New York and New Jersey.
E)Eli Whitney to produce cotton gins.

Question 51

Which term describes federal subsidies of special state and local activities?

A)mandates
B)grants-in-aid
C)bonus payments
D)apportionments
E)balloon payments

Question 52

Funds that are given by Congress to states and localities and that are earmarked by law for specific categories are known as

A)categorical grants-in-aid.
B)entitlement programs.
C)stovepipe grants.
D)devolutionary grants.
E)reverse remunerations.

Question 53

Well into the twentieth century, most efforts by Congress to regulate commerce were blocked by the Supreme Court's interpretation of the idea of federalism, with the primary barrier being the concept of

A)free trade.
B)corporate law.
C)full faith and credit.
D)command economy.
E)interstate commerce.

Question 54

Which of the five principles of politics best explains why the federal government passed the Americans with Disabilities Act of 1990 to adopt uniform standards across the states rather than leave it to the individual states to determine how to increase access to public buildings for the disabled?

A)the rationality principle
B)the institution principle
C)the collective action principle
D)the policy principle
E)the history principle

Question 55

The first Supreme Court case that clearly defined interstate commerce was

A)Hicklin v.Orbeck.
B)Gibbons v.Ogden.
C)Marbury v.Madison.
D)Printz v.United States.
E)City of Boerne v.Flores.

Question 56

__________ federalism has existed since the New Deal era and uses grants-in-aid strategically to encourage states and localities (without commanding them) to pursue nationally defined goals.

A)Dual
B)Welfare
C)Subsidy
D)Cooperative
E)Commercial

Question 57

Grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis are known as __________ grants.

A)contest
B)formula
C)project
D)community redevelopment
E)tax remuneration

Question 58

In the case of McCulloch v.Maryland, the main issue was whether Congress had the power to

A)charter a bank.
B)tax state corporations.
C)abolish slavery.
D)redeploy state militias.
E)license public accommodations.

Question 59

The shift from dual federalism to cooperative federalism in the 1930s increased the role of the federal government over domestic policy.One consequence of this shift was

A)an increase in veto power by state governments.
B)the elimination of state sovereignty.
C)a strengthening of the states' rights coalition in Congress.
D)a decrease in the use of grants-in-aid.
E)an increase in lobbying in Washington by business interests.

Question 60

A kind of bribe that Congress gives in the form of money to state and local governments with the condition that the money will be spent for a particular purpose as designed by Congress is called a

A)grant-in-aid.
B)funded mandate.
C)conditional subsidy.
D)reapportionment.
E)line-item appropriation.

Question 61

In the 2006 Supreme Court decision Gonzales v.Oregon, the Supreme Court held which of the following?

A)A state cannot sue the government to block the implementation of the Patriot Act.
B)The federal government has the authority to allocate water resources from one state to another.
C)Senator Robert Packwood cannot prevent the publication of his diaries if they were part of the record of court proceedings.
D)The First Amendment protects the right to smoke myrtlewood for religious purposes.
E)The federal government cannot overrule state laws determining how legal drugs should be used.

Question 62

The obligations imposed on state government by the national government without any funding at all have come to be known as

A)blank checks.
B)assigned obligations.
C)unchecked authorizations.
D)misdirected indemnities.
E)unfunded mandates.

Question 63

Which of these is NOT an example of an unfunded mandate imposed on the states by the federal government?

A)the mandatory building codes of the 1990 Americans with Disabilities Act
B)the 1996 Defense of Marriage Act, which allowed states to refuse to recognize same-sex marriages performed in other states
C)increasing mandatory Medicaid benefits while decreasing federal contributions to the program
D)the Asbestos Hazard Emergency Act of 1986, which requires school districts to inspect for asbestos hazards and remove them when necessary
E)an increase in the federal minimum wage that applies to state government employees

Question 64

If a citizen were to sue a state for violating a law passed by Congress, his or her lawsuit would fail because the state could invoke the power of

A)civil exemption.
B)legal supremacy.
C)double jeopardy.
D)cloak of invulnerability.
E)state sovereign immunity.

Question 65

The Constitution empowers each branch of government to participate in and influence the activities of the other branches.This strategy is known as

A)mingling of powers.
B)federalism.
C)cooperative governance.
D)interstate relations.
E)checks and balances.

Question 66

The first Supreme Court decision since the New Deal that limited claims of federal authority under the commerce clause was

A)Barron v.Baltimore.
B)United States v.Lopez.
C)Dred Scott v.Sandford.
D)McCulloch v.Maryland.
E)INS v.Chadha.

Question 67

The idea that states should oppose the increasing authority of the national government is known as

A)states' rights.
B)neoliberalism.
C)confederalism.
D)fiscal conservatism.
E)state and local preemption.

Question 68

The authors of the U.S.Constitution used a strategy of separation of powers to limit the power of the government by

A)reserving some powers for the people.
B)dividing national government against itself.
C)forcing states to compete against themselves.
D)prohibiting Congress and the states from passing ex post facto laws.
E)encouraging conflict between the national government and the states.

Question 69

Which presidents advocated converting federal programs into block grants as a strategy labeled the New Federalism?

A)Carter and Clinton
B)Eisenhower and Kennedy
C)Ford and Clinton
D)Clinton and Obama
E)Nixon and Reagan

Question 70

The framers assumed members of the Congress would seek to preserve and expand their own power, thereby creating incentives for the other two branches to resist the expansion of legislative power.This assumption is based on which of the five principles of politics?

A)the rationality principle
B)the institution principle
C)the collective action principle
D)the policy principle
E)the history principle

Question 71

Federal funds given to state governments to pay for goods, services, or programs with relatively few restrictions on how the funds may be spent are known as __________ grants.

A)categorical
B)devolutionary
C)block
D)open
E)sharing

Question 72

The legal doctrine holding that states cannot be sued by private persons or groups claiming that the state violated a statute enacted by Congress is known as state

A)executive privilege.
B)judicial supremacy.
C)habeas corpus.
D)sovereign immunity.
E)legislative exemption.

Question 73

The condition in American government in which the presidency is controlled by one party while the opposing party controls one or both houses of Congress is known as

A)bicameralism.
B)dual control.
C)a split system.
D)divided government.
E)oligarchy.

Question 74

The federal government created block grant programs to

A)give states more discretion over how to use federal money.
B)force states to accept the National Bank.
C)consolidate the power of the national government.
D)consolidate funds targeted at states and localities into manageable regional groupings.
E)circumvent Supreme Court rulings that invalidated legislative vetoes.

Question 75

Within the system of separated powers, the framers provided for supremacy by the

A)judiciary.
B)executive.
C)Electoral College.
D)legislature.
E)bureaucracy.

Question 76

Which principle, bolstered by the Tenth Amendment, made it difficult for the federal government to address the issue of slavery prior to the Civil War?

A)state sovereign immunity
B)states' rights
C)separation of powers
D)federalism
E)checks and balances

Question 77

The fact that the Supreme Court can rule an act of Congress invalid is an example of

A)executive supremacy.
B)executive privilege.
C)a collective action problem.
D)checks and balances.
E)divided government.

Question 78

Throughout much of the nineteenth century, the Supreme Court continued to strike down laws that it thought violated states' rights by referencing constitutional language contained in the

A)Preamble.
B)Tenth Amendment.
C)Fourth Amendment.
D)implied powers provision.
E)national supremacy clause.

Question 79

The claim that confidential communications between a president and close advisers should not be revealed without the consent of the president is known as

A)executive privilege.
B)plausible deniability.
C)dual federalism.
D)presidential prerogative.
E)command confidentiality.

Question 80

Which of these is NOT a constitutional mechanism for the three branches of government to check and balance each other?

A)the president's ability to veto congressional legislation
B)the congressional right of stare decisis
C)the Senate's power to approve or reject executive appointments
D)the power of Congress to impeach and remove the president and judges
E)the Supreme Court's power of judicial review