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Suppose the federal government has just passed a law that will require all public schools to provide students with enclosed lockers that students can lock with a padlock. The federal government is requiring states to implement this policy with their own funds, making it
an unfunded mandate.
Following the Civil War, how was the concept of federalism applied to the rights of African Americans?
The Supreme Court supported the rights of states to take their own action regarding the rights of African Americans but did not provide protection for African Americans at the national level.
Federal systems of government prevent one level of government from encroaching on the powers of the other by
instituting constitutional protections.
The discrepancy in spending on education spending shown in the map is best explained by the concept of
federalism
The case of Angel Raich and Diane Monson using medical marijuana within the state of California, where it is legal, while it is illegal at the federal level is an example of the
tensions and complications that can arise under the American system of federalism.
How does the Supreme Court's decision on Gonzales v. Raich differ from its decision on United States v. Lopez?
In Gonzales v. Raich, the Supreme Court upheld the argument that marijuana cultivation and use reasonably fell under the authority of the federal government as part of the commerce clause, whereas it struck down such a claim in United States v. Lopez.
Which amendment of the United States Constitution might a Supreme Court Justice reference when deciding on a case that they believe might grant Congress too much authority over the states?
The 10th Amendment
Which of the following pairs correctly identifies the correct holding the Court reached in both McCulloch v. Maryland and United States v. Lopez?
McCulloch v. Maryland: Held that Congress can exercise implied powers
United States v. Lopez: Held that the commerce clause did not give Congress the right to regulate guns in schools
How does Bill Clinton's Temporary Assistance for Needy Families (TANF) compare to Franklin Delano Roosevelt's Aid to Families with Dependent Children (AFDC)?
Clinton's TANF placed greater restrictions and limitations on social welfare programs and gave more authority to the states than Roosevelt's AFDC.
How did Congress justify the passage of the Controlled Substances Act?
With the commerce clause of the Constitution
Which piece of legislation is an example of the federal government devolving authority to the state?
The Personal Responsibility and Work Opportunity Reconciliation Act
Some historians assert that the Emancipation Proclamation ended slavery. However, there are others who argue that since the Emancipation Proclamation was based on wartime powers that it could be overturned. Which of the following amendments guaranteed that slavery was now illegal?
The Thirteenth Amendment
A state that sets its own testing standards and develops its own curriculum standards for education without any direction or interference from the national government is an example of
dual federalism.
Most countries in the world today are unitary. This means
all power and authority is held by the national government.
Congress passed the Controlled Substances Act of 1970 on the basis that the commerce clause in the Constitution permitted them to regulate the transaction and transport of goods across state lines, including drugs and harmful substances. This is an example of Congress exercising its
expressed powers.
President Richard Nixon attempted to reduce the authority of the national government by
funding policies with block grants.
Suppose the Department of Energy has decided to provide funds to state governments for the purpose of researching, establishing, and implementing any number of clean energy sources in any way the state sees fit. This is an example of
a block grant.
Suppose a teacher's union has organized a nationwide boycott of the Every Student Succeeds Act (ESSA) since they believe it is harmful, not beneficial, to students' education. In an effort to stop the boycotts from happening, representatives in Congress have agreed to make changes to the existing legislation. To make the most effective change, Congress should
remove the requirement for standardized testing.
Which of the following is an accurate comparison of federal block grants and categorical grants?
Block grants: allow state and local governments flexibility in how grant money is spent; Categorical grants: requires states or localities to meet specific criteria for spending grant money
Suppose that in an upcoming presidential election, a state that historically votes Democratic has decided to leave an Independent candidate off the ballot. This is an example of the state exercising its
reserved powers.
Someone who believes that the authority of Congress should be expanded to fulfill its duties listed in the Constitution would likely
disagree with the decision made in United States v. Lopez.
The Supreme Court's decision in Plessy v. Ferguson resulted in the
concept of separate but equal.
According to the map, which of the following states spends at least $16,000 per year on public education?
Wyoming
How do the powers granted to the federal government compare to the powers granted to the state governments?
The powers granted to the state governments are generally those that regulate morality and behavior, such as drinking laws and driver's licenses.
In 2008, Congress authorized the Troubled Asset Relief Program to bail out the nation's banks to keep them functioning through the 2008 financial crisis. Although this program was criticized by many as an overreach of the federal government into private institutions, Congress had precedent to do so via
President Roosevelt's New Deal programs.
Why might states prefer receiving a grant-in-aid as opposed to an unfunded mandate?
A grant-in-aid would provide at least some funding for the policy initiative, whereas an unfunded mandate requires the states to implement national policy with their own state budgets.
Which part of the Constitution did Chief Justice John Marshall cite in justification of the Supreme Court decision in McCulloch v. Maryland?
The necessary and proper clause
Measures included in the Constitution that established the American system of federalism are the
Tenth Amendment and concurrent powers.
How did President Franklin Delano Roosevelt's New Deal programs reflect the practice of cooperative federalism?
The federal government worked with state governments to provide financial aid to those in need and give jobs to those who were unemployed.
If the Supreme Court were to hear a case regarding the issue of firearm ownership in California and decided that the legislation in question violated the Second Amendment and that no state may infringe upon the Second Amendment, this would be an example of
selective incorporation.
A student who is studying important Supreme Court cases that re-established the balance of state and federal government power in America's system of federalism might include which case in their studies?
United States v. Lopez
Suppose it is 2019 and a same-sex couple has decided to move to a different state to be closer to family. After they move, they find that the state they have moved to refuses to recognize their marriage. The state is in clear violation of the
full faith and credit clause of the Constitution.
If Angel Raich and Diane Monson's case were reversed and marijuana use was legal at the federal level but prohibited in their state of California, their use of marijuana would
be permitted based on the supremacy clause within the Constitution.
The provision that anyone born in the United States is an American citizen can be found in the
Fourteenth Amendment.