Question 1

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 derived from the 10th Amendment of the U.S. Constitution, stating that powers not delegated to the federal government are reserved to the states.

Question 2

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

Accepted Answer

The power to charter banks is a concurrent power, meaning it is shared by both the federal and state governments.

Question 3

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?

Accepted Answer

The Supremacy Clause in Article VI of the Constitution establishes that federal law and the Constitution shall be the supreme law of the land, and therefore, state laws that conflict with them are invalid. The Cooper v. Aaron decision relied on this clause to assert the authority of the federal courts, including the Supreme Court, to enforce its decisions and override conflicting state laws.

Question 4

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

Accepted Answer

Police powers refer to the authority of the government to maintain order, protect public health and safety, and promote the general welfare of its citizens through regulations and laws. This includes the power to regulate activities such as food safety, infectious diseases, and environmental hazards. The other options (implied, essential, concurrent, and nanny) are not directly related to the concept of police powers.

Question 5

Federalism seeks to limit governmental power by creating two sovereigns: __________.

Accepted Answer

Federalism seeks to limit governmental power by dividing it among two or more levels of government with separate powers and responsibilities. In the case of the United States, federalism involves the division of powers and sovereignty between the national government and the individual state governments.

Question 6

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 make all laws that are necessary and proper for carrying out its delegated powers. This clause has been interpreted broadly by the Supreme Court to allow for the expansion of federal power.

Question 7

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

The term for powers not specifically assigned to the federal government or denied to the states is "reserved" powers, as mentioned in the Tenth Amendment. The term "gray" is not commonly used in this context. "Withheld" is incorrect because it refers to powers explicitly denied to states or individuals by the federal government. "Separation" is not the correct term for this concept. "Expressed" powers are those granted to the federal government explicitly in the Constitution.

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 practice of dividing government power between a national or federal government and state governments is known as federalism. This system helps ensure that no one level of government becomes too powerful and that power is distributed among different levels of government, each with its own responsibilities and areas of authority.

Question 9

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

Accepted Answer

Federalism is the term that best describes the division of powers and functions between national and state governments. In a federal system, power is shared between the central government and state or regional governments, with each level having its own set of responsibilities and powers. This allows for a balance of power and helps to prevent either level of government from becoming too dominant.

Question 10

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

Accepted Answer

Implied powers are derived from the expansive interpretation of delegated powers. These powers are not expressly stated in the Constitution, but are inferred from the expressed powers granted to the federal government. For example, the power to establish a national bank was implied from the power to regulate commerce and coin money.

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

The power of eminent domain refers to the right of

Accepted Answer

The power of eminent domain refers to the right of state governments to take private property for public use with compensation for the loss. The takings must be for a public purpose, such as the building of roads, schools, or other public infrastructure. The government must compensate the property owner for the loss of property, usually by paying fair market value.

Question 13

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

Accepted Answer

Article IV of the U.S.Constitution establishes that each state must respect the public acts, records, and judicial proceedings of every other state. This provision ensures that states must honor the legal judgments, contracts, and licenses granted by other states, promoting a sense of interstate unity and cooperation. Hence, the best option is A.

Question 14

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 explicitly states that the powers not delegated to the federal government or prohibited to the states are reserved to the states or to the people. This means that the federal government's powers are limited to those specifically granted by the Constitution, and any powers not granted are retained by the states or the people.

Question 15

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

Accepted Answer

The supremacy clause affirms the power of the national government over state governments, stating that federal law trumps state law in areas where the Constitution grants the national government authority.

Question 16

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?

Accepted Answer

The necessary and proper clause, also known as the elastic clause, grants Congress the power to make all laws necessary and proper for carrying out its enumerated powers. This clause has been used to justify Congress's ability to create federal criminal laws to prosecute crimes that occur in more than one state.

Question 17

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

Accepted Answer

Federalism is the system of government in which power is divided between a central government and regional governments. This allows for a balance of power between the two levels of government and promotes local autonomy while still maintaining the unity of the nation. Bicameralism refers to a system where there are two legislative bodies, divided government refers to a situation where different political parties control different branches of government, and separation of powers refers to the idea that each branch of government has different responsibilities and powers. Socialism is an economic system, not a system of government.

Question 18

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, is found in Article I, Section 8 of the Constitution, and gives Congress the authority to make all laws that are necessary and proper for carrying out its other powers and duties listed in the Constitution. In the case of McCulloch v. Maryland (1819), the Supreme Court held that Congress had the power to create a national bank under this clause.

Question 19

Private property exists because laws against trespass are defined by

Accepted Answer

State statutes define laws against trespass, which in turn establish the parameters of private property ownership. City ordinances may also play a role in defining property rights within city limits, but they are not the primary governing laws related to private property ownership. While the U.S. Congress has passed laws related to property rights, they typically address issues that affect the public good, such as environmental protection or access to public lands. The Universal Declaration of Human Rights and the Bill of Rights outline broader principles related to individual rights, but they do not define the specific laws related to private property ownership.

Question 20

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 is also known as the elastic clause because it grants Congress the power to make laws that are necessary and proper for carrying out their other powers listed in the Constitution. These powers are not explicitly stated but are implied, and hence, they are known as implied powers, making option E the correct choice.

Quiz 3: Federalism and the Separation of Powers