Question 1

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.

Accepted Answer

The "public Acts, Records, and Proceedings" clause is commonly referred to as the full faith and credit clause, as it requires each state to give full faith and credit to the laws and judicial decisions of other states.

Question 2

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?

Accepted Answer

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 the institution principle. This principle involves the structuring of institutions to manage power and responsibilities, including the distribution of authority between different levels of government.

Question 3

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 the principle of "full faith and credit," which requires that each state recognize the public acts, records, and judicial proceedings of other states. This includes things like marriages, adoptions, and court orders. In short, choice A accurately reflects the meaning of "full faith and credit" as outlined in the Constitution.

Question 4

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

Accepted Answer

The power to levy taxes is an example of a concurrent power, meaning it is a power shared by both the federal government and the state governments in the United States.

Question 5

The power of eminent domain refers to

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. This power is used to promote public interest projects such as highways, schools, or parks. It is protected by the Fifth Amendment's Takings Clause, which requires the government to provide just compensation for the property taken. The other choices are incorrect as they either suggest that the federal government has the exclusive power of eminent domain or that property owners are not entitled to compensation.

Question 6

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.

Accepted Answer

Reserved powers are those powers that are not specifically granted to the federal government but are not prohibited to the states, so states have the power to establish local governments as a part of their reserved powers. Implied powers are powers that are not explicitly stated in the Constitution but are necessary for the government to carry out its functions, expressed powers are specific powers granted to the federal government in the Constitution, and inherent powers are powers that belong to a sovereign entity by virtue of being a government.

Question 7

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.

Accepted Answer

The full faith and credit clause of the Constitution requires states to recognize legal decisions and judgments made in other states. This includes recognizing marriages that were legally performed in another state, even if the marriage would not have been allowed under the marriage laws of the second state.

Question 8

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 (Article VI, Clause 2) establishes that the Constitution, federal laws, and treaties are the supreme law of the land, and that state laws or constitutions cannot conflict with them. Therefore, the Supreme Court's ruling in Brown v. Board of Education was binding on all states, and state laws attempting to prevent desegregation were unconstitutional. Cooper v. Aaron affirmed this principle and reinforced the power of the Supreme Court to interpret the Constitution and establish federal supremacy over state law.

Question 9

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 public order and enforce rules and regulations that promote the health, safety, and welfare of its citizens. Therefore, the best choice is A, as the other options do not accurately describe this type of power. Implied powers refer to powers that are not explicitly stated in the Constitution but are necessary to carry out its enumerated powers. Concurrent powers refer to powers shared by both the federal and state governments. Essential powers is not a recognized term in political science.

Question 10

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?

Accepted Answer

The full faith and credit clause of the Constitution requires states to recognize the public acts, records, and judicial proceedings of other states. This includes recognizing driver's licenses issued by other states, such as a California driver's license in Arizona.

Question 11

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 necessary and proper for carrying out its other powers granted in the Constitution. The Supreme Court used this clause to justify the creation of a national bank because it was deemed necessary and proper for the federal government to carry out its other enumerated powers, such as regulating commerce and collecting taxes.

Question 12

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 in Article VI of the Constitution establishes that the Constitution and federal laws take precedence over state laws and constitutions. This affirms the power of the national government over state governments. The other options are not relevant to this topic.

Question 13

Private property exists because laws against trespassing are defined by

Accepted Answer

State statutes define laws that govern private property and are therefore responsible for creating laws against trespassing. City ordinances may also have some impact on these laws, but the primary authority lies with state statutes. The U.S. Congress and Bill of Rights address larger issues relating to individual rights and liberties but do not define the specific laws governing private property ownership.

Question 14

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

Accepted Answer

The Tenth Amendment specifically states that powers not delegated to the national government or denied to the states are reserved for the states or the people. This means that the states have the authority to make their own laws and regulations on issues not explicitly assigned to the federal government by the Constitution.

Question 15

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

Accepted Answer

The power to charter banks is an example of a concurrent power, meaning both state and federal authorities have the authority to establish banks. This reflects the dual sovereignty structure of the United States, where both levels of government have certain powers that they can exercise independently of each other.

Question 16

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

Accepted Answer

The 1996 Defense of Marriage Act (DOMA) defined marriage as between one man and one woman, and prevented states from being required to recognize same-sex marriages that were legal in other states. However, this provision of DOMA was later overturned by the Supreme Court in United States v. Windsor (2013).

Question 17

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 authority to make any laws that are necessary and proper for carrying out its other powers and responsibilities under the Constitution. This includes the power to create federal criminal statutes that apply across multiple states, even though the Constitution does not explicitly enumerate this power.

Question 18

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.

Accepted Answer

The necessary and proper clause, also known as the elastic clause, grants Congress the power to make all laws which shall be necessary and proper for carrying into execution the powers granted by the Constitution. This clause has been interpreted expansively by the Supreme Court, allowing the national government to increase the scope of its authority.

Question 19

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 Tenth Amendment reserves powers to the states that are not specifically delegated to the federal government or denied to the states. These are known as reserved powers.

Question 20

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?

Accepted Answer

The comity or privileges and immunities clause of Article IV of the Constitution prevents a state from treating citizens of other states in a discriminatory manner. This includes prohibiting them from buying property solely based on their state of residence.

Quiz 3: Federalism and the Separation of Powers