Deck 2: Bureaucracy and Democracy

Question 1

The concept that federal law shall overrule any state or local law is based on:

A) the Necessary and Proper Clause
B) the Bill of Rights
C) the Tenth Amendment
D) the Supremacy Clause

Answer 1

D

Question 2

Which of the following is NOT a power that Congress can use to exercise control over administrative agencies?

A) Create a new agency
B) Establish the budget
C) Unicameral legislative veto
D) Call the agency head to testify before a Congressional committee

Answer 2

C

Question 3

Which amendment to the U.S.Constitution preserves state authority?

A) the First Amendment
B) the Fifth Amendment
C) the Ninth Amendment
D) the Tenth Amendment

Answer 3

D

Question 4

Executive prerogative to remove individual expenditures from a budget is called a:

A) line item veto
B) legislative item veto
C) column item veto
D) row item veto

Question 5

Assuming concurrent jurisdiction,which of the following is not an example of when federal preemption exists?

A) The federal government establishes a comprehensive scheme to regulate the area.
B) Congress expressly preempts the area through legislation.
C) The federal government regulates the area before the state.
D) State law is inconsistent with federal law.

Question 6

Pursuant to statute,the power of appointment of special independent investigatory counsel is vested in:

A) the president
B) a special panel of House of Representative members
C) a special panel of Senate members
D) a special panel of federal judges

Question 7

Which of the following is NOT a power that the President of the United States can use to exercise control over administrative agencies?

A) Recommend to Congress agency reorganization
B) Establish policy
C) Appoint agency heads
D) Reverse agency-created rules

Question 8

The decision in INS v.Chadha established that:

A) only the House of Representatives may invalidate a decision of an executive agency
B) only the Senate may invalidate a decision of an executive agency
C) only a bicameral legislative decision may invalidate a decision of an executive agency
D) decisions of an executive agency may not be invalidated by anyone except the president

Question 9

When the federal and state governments share the same power they are said to have:

A) communal jurisdiction
B) common jurisdiction
C) combined jurisdiction
D) concurrent jurisdiction

Question 10

What is the name of the federal statute enacted in 1883 that created the civil service system for federal employees?A.Sarbanes-Oxley Act
B) Pendleton Act
C) Line Item Veto Act
D) Patient Protection and Affordable Care Act

Question 11

Which of the following is most accurate about James Madison and Alexander Hamilton's views of federalism?

A) Madison believed in dual federalism and Hamilton in hierarchical federalism.
B) Madison and Hamilton both believed in dual federalism.
C) Madison and Hamilton both believed in hierarchical federalism.
D) Madison believed in hierarchical and Hamilton in dual federalism.

Question 12

What is the name of the U.S.Supreme Court case where the Court invalidated the single-house legislative veto?

A) Clinton v. New York
B) INS v. Chadha
C) Myers v. U.S.
D) Buckley v. Valeo

Question 13

Which clause in the U.S.Constitution provides the president with a limited and qualified power to nullify proposed legislation by veto?

A) Necessary and Proper Clause
B) Supremacy Clause
C) Presentment Clause
D) Commerce Clause

Question 14

What is the name of the U.S.Supreme Court case where the Court found the line-item veto unconstitutional?

A) Clinton v. New York
B) INS v. Chadha
C) Myers v. U.S.
D) Buckley v. Valeo

Question 15

The President of the United States vetoes a law passed by Congress.Congress can override the presidential veto by a ____ majority vote.

A) simple
B) 2/3
C) 3/4
D) 4/5

Question 16

Which article in the U.S.Constitution contains the Necessary and Proper Clause,which provides that Congress may enact all laws necessary and proper to carry out Congress's other enumerated powers?

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

Question 17

Written judicial opinions are published in:

A) reporters
B) codes
C) the Federal Register
D) compendiums

Question 18

The concept of separation of powers is based on a _____ division of power.

A) horizontal
B) vertical
C) circular
D) parallel

Question 19

Which article in the U.S.Constitution provides for the appointment power of the President?

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

Question 20

A direct popular government where the people vote on and decide all important issues is called:

A) a republic
B) socialism
C) a democracy
D) capitalism

Question 21

One provision found in Article I,section 8,clause 3 of the U.S.Constitution that has contributed to the growth of federal power is the _____ Clause.

Question 22

The Attorney General of the United States is appointed by the _____.

Question 23

The Federal Trade Commission is an independent agency.

Question 24

A legislative veto is a mechanism used by the president to invalidate Congressional enactments deemed procedurally unconstitutional.

Question 25

The Secretary of the U.S.Department of Labor is called to testify before Congress concerning activities of the agency.Congress engages in oversight of agencies through _____.

Question 26

Generally,the U.S.Constitution does not address federal or state agencies.

Question 27

According to decisions of the Supreme Court,all federal employees are considered"officers" of the United States.

Question 28

Federal judges appointed under Article III of the Constitution are appointed for ten-year renewable terms.

Question 29

Both federalism and separation of powers are structural elements found in the Constitution intended to keep any single group or person in government from becoming too powerful.

Question 30

A written law enacted by a legislative body is called a(n)_____.

Question 31

The Necessary and Proper Clause of the Constitution is designed to provide that Congress may enact any laws it deems necessary and proper to ensure the health and welfare of the American people.

Question 32

Borrowing money is an exclusive federal power.

Question 33

The purpose of separating powers among different branches of government is to prevent the centralization of power and abuse of citizens by government.

Question 34

Congress can validly enact a statute that gives it the right to fire or remove heads ofexecutive agencies.

Question 35

Article I,section 8 of the U.S.Constitution lists the powers of Congress.

Question 36

Under the Commerce Clause,the federal government may compel a state to enact or administer a federal regulatory program.

Question 37

The concept of separation of powers is based on a _____ division of power.

Question 38

The case of Clinton v.New York established that the independent counsel law was avalid and legal exercise of Article II of the Constitution.

Question 39

The power to regulate general health and welfare is an exclusive state power.

Question 40

Article II of the Constitution gives Congress the power to delegate the appointment of inferior agency officers to agency heads.

Question 41

The doctrines of federalism and separation of powers prohibit the federal government from interfering with states where there is no direct connection to a constitutionally delegated federal power.As a result,attempts at federal gun control were found unconstitutional in the cases of United States v.Lopez and Printz v.United States.Assuming that the court's interpretation of the law was accurate,do you believe that the states' power to regulate in these matters should outweigh the federal government's right to do so? What,if anything,should be done?

Question 42

Explain why the U.S.Supreme Court invalidated the legislative veto in INS v.Chadha.

Question 43

Which method do you think is the most effective power of Congress to control the federal bureaucracy? Explain.

Question 44

Explain why the U.S.Supreme Court invalidated the line item veto in Clinton v.City of New York.

Question 45

In INS v.Chadha,the U.S.Supreme Court invalidated the _____ veto,a mechanism used by Congress to invalidate agency action.

Question 46

Federal judges are appointed for life and have lifetime tenure pursuant to Article ______ of the U.S.Constitution.

Question 47

In Clinton v.City of New York,the U.S.Supreme Court found that Congress violated the separation of powers in passing the _____ Act,a law that delegated to the president the power to strike individual expenditures from the congressionally enacted budget.

Question 48

In Morrison v.Olson,the U.S.Supreme Court upheld the validity of the ______ statute where a federal prosecutor is charged with investigating and prosecuting a government official.

Question 49

In Myers v.United States,the U.S.Supreme Court invalidated a statute that required Senate approval to fire postmasters holding that Article ______ of the U.S.Constitution grants to the President the executive power of the government.

Question 50

Which method do you think is the most effective power of the President to control the federal bureaucracy? Explain.