Question 1

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

Accepted Answer

The Tenth Amendment states that powers not delegated to the federal government or prohibited to the states are reserved to the states or to the people. This means that any powers not specifically granted to the federal government in the Constitution are automatically reserved for the states or the people themselves. This is a key principle of federalism and helps to ensure that the federal government does not become too powerful and overstep its bounds.

Question 2

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.

Accepted Answer

Reserved powers are those that are not delegated to the national government or denied to the states, and they are reserved for the states or the people. The Tenth Amendment specifically recognizes and protects these powers.

Question 3

The notion that the Constitution grants to the national government only those powers specifically named in its text is called:

Accepted Answer

The notion that the Constitution grants to the national government only those powers specifically named in its text is called expressed powers. This principle is also known as the doctrine of enumerated powers.

Question 4

Powers derived from the necessary and proper clause of Article I,Section 8,of the Constitution are called:

Accepted Answer

The necessary and proper clause, also known as the elastic clause, grants Congress the power to pass laws that are necessary and proper for carrying out its other enumerated powers. This has been interpreted to allow for implied powers, meaning powers that are not explicitly stated in the Constitution but are necessary for the functioning of the federal government. Therefore, E is the correct choice as it refers to implied powers.

Question 5

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 ________ power.

Accepted Answer

The power to establish local governments is a reserved power, which is not explicitly stated in the Constitution but is reserved to the states by the Tenth Amendment.

Question 6

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

Accepted Answer

Police powers are the powers reserved to the government to regulate the health, safety, and morals of its citizens.

Question 7

The power to charter banks is an example of a(n)________ power.

Accepted Answer

The answer of The power to charter banks is an...

Question 8

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

Accepted Answer

The concept of dividing government into national and state levels, each with its own distinct powers and independence, is known as federalism. This allows for a balance of power between the two levels and provides a system of checks and balances to prevent any one level from becoming too dominant. The separation of powers and checks and balances are important concepts in federalism, but federalism is the specific term for the division of power between national and state governments.

Question 9

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:

Accepted Answer

The necessary and proper clause, also known as the elastic clause, gives Congress the power to make laws that are necessary and proper for carrying out its other enumerated powers. This clause was invoked by the Supreme Court in the famous case McCulloch v. Maryland (1819), where the Court upheld the constitutionality of the creation of a national bank by the federal government, stating that it was an appropriate use of the necessary and proper clause to carry out other specific powers enumerated in the Constitution.

Question 10

The power of eminent domain refers to:

Accepted Answer

The power of eminent domain grants state governments the right to take private property for public use, but they must provide compensation to the owner for the loss. This is a fundamental principle of American jurisprudence enshrined in the Fifth Amendment to the U.S. Constitution. Option A is incorrect because it says the federal government has the right to take any property it deems desirable, which is an overstatement. Option C is incorrect because the government can only take private property for public use, not for private use by elected officials. Option D is incorrect because the state government cannot take public property owned by the federal government for public use by state residents. Option E is incorrect because the government must provide compensation to the owner for the loss when they take private property for public use.

Question 11

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

Accepted Answer

The power to levy taxes is an example of a concurrent power, meaning both the federal government and state governments have the authority to tax within their jurisdictions.

Question 12

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

Accepted Answer

The Supremacy Clause states that the Constitution, along with federal laws and treaties, is the supreme law of the land. This clause affirms the power of the national government over state governments and was a key part of establishing a strong federal system. The other options listed do not affirm the power of the national government in the way that the Supremacy Clause does.

Question 13

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

Accepted Answer

The necessary and proper clause, also known as the elastic clause, grants Congress the power to enact any laws necessary and proper for carrying out its delegated powers. Through the Supreme Court's broad interpretation of this clause, the national government was able to expand its authority beyond what was specifically enumerated in the Constitution. This doctrine is often referred to as the "implied powers" doctrine.

Question 14

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

Accepted Answer

Federalism is the system of government where power is divided between national and state governments. This division of powers and functions is a defining characteristic of federalism.

Question 15

While 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 which clause in the Constitution?

Accepted Answer

The necessary and proper clause gives Congress the power to make all laws that are necessary and proper for carrying out its enumerated powers. This includes the power to create federal criminal laws to prosecute crimes that occur in more than one state.

Question 16

Which powers are derived from the expansive interpretation of delegated powers?

Accepted Answer

The expansive interpretation of the delegated powers of Congress in the Constitution has led to the recognition of implied powers. These are powers that are not expressly stated in the Constitution but are deemed necessary and proper for Congress to carry out its delegated powers effectively. This interpretation was formalized in the landmark case of McCulloch v. Maryland (1819), where the Supreme Court affirmed Congress's power to create a national bank, despite it not being explicitly mentioned in the Constitution. The recognition of implied powers has expanded the scope of federal authority and enabled Congress to address complex issues that were not foreseen by the framers.

Question 17

Private property exists because laws against trespass are defined by:

Accepted Answer

Private property rights are defined by state statutes, as it is the responsibility of the states to regulate property ownership and use within their borders. City ordinances may also play a role in defining property rights, but they are subordinate to state laws. The U.S. Congress and administrative rules and regulations may establish guidelines for certain types of property use (such as federal lands), but they do not generally define private property rights. The Bill of Rights protects certain property rights, but it does not establish them.

Question 18

Federalism seeks to limit governmental power by creating two sovereigns:

Accepted Answer

Federalism is a system in which power is divided between the national government and state governments. This division of power between two sovereigns helps to limit governmental power and prevent any one government from becoming too powerful. Therefore, the correct choice is C - national and state governments.

Question 19

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

Accepted Answer

Federalism is a system of government in which power is divided and shared between a central government and regional governments. This system is often used in countries with large territories or diverse populations, as it allows for a balance of power between the central government and local authorities.

Question 20

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 their 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?

Accepted Answer

The Supremacy Clause of the Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws, and treaties are the supreme law of the land. This means that when there is a conflict between federal and state law, federal law takes precedence. In Cooper v. Aaron, the Supreme Court used the Supremacy Clause to declare that their decision in Brown v. Board of Education was binding on all states, even if states had passed laws opposing desegregation. Therefore, the answer is B, supremacy clause.

Quiz 3: Federalism and the Separation of Powers