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A. Identify the constitutional clause that is common to both U.S. Term Limits v. Thornton (1995) and McCulloch v. Maryland (1819). (FRQ 1)
The constitutional clause that is common to both US Term Limits v Thornton (1995) and McCulloch v Maryland (1819) is the Supremacy Clause.
B. Based on the constitutional clause identified in part A, explain why the facts of U.S. Term Limits v. Thornton led to a different holding in McCulloch v. Maryland. (FRQ 1)
In McCulloch v Maryland the Supreme Court ruled that states cannot tax agencies of the federal government, because taxing the federal government violates the Supremacy Clause. In US Term Limits v Thornton, the Supreme Court ruled that states couldn’t alter congressional requirements due to the Supremacy Clause of the Constitution.
C. Explain an action citizens who disagree with the ruling in U.S. Term Limits v. Thornton could take to limit its impact. (FRQ 1)
Citizens can vote out the Senators and Representatives themselves.
A. Identify the most commonly used method to add an amendment to the U.S. Constitution. (FRQ 2)
The most commonly used method to add an amendment to the US Constitution is to get a 2/3 vote by both houses of Congress to propose an amendment and a 3/4 vote by state legislatures to ratify an amendment.
B. Describe a similarity or difference in the four methods to ratify an amendment and draw a conclusion about that similarity or difference. (FRQ 2)
To propose an amendment requires a ⅔ majority at a national level, and to ratify an amendment requires a ¾ majority at the state level. All methods require a super majority to create an amendment. Therefore, the founding fathers wanted an overwhelming consensus in creating an amendment.
C. Explain how the amendment process as illustrated in the information graphic demonstrates the principle of federalism. (FRQ 2)
All amendments are proposed at the national level and ratified at the state level. Therefore, this reflects the division of power between the federal and state governments.
A. Describe an action the federal government could take to offset the costs of the ADA on the states. (FRQ 3)
The federal government could provide money, called a funded mandate, in the form of block grants or categorical grants. A funded mandate is where the national government pays the entire cost. Block grants are federal grants given more or less automatically to support broad programs. Categorical grants are grants with strings attached that can be used for specific purposes.
B. In the context of the scenario, explain how the use of the federal government’s power described in part A can be affected by its interaction with the states. (FRQ 3)
The ADA was an unfunded mandate. The Grant in Aid System is the main instrument the national government uses to both aid and influence the states. States feel compelled to do federal wishes in order to get or keep federal money. An unfunded mandate is one where state and local governments pay all or part of the cost.
C. In the context of the scenario, explain how the interaction between the federal government and the states can be affected by federalism. (FRQ 3)
The federal system in its current form is cooperative federalism. Cooperative federalism is a system of government in which powers and policy assignment are shared between states and the national government. It establishes the supremacy of the federal government and causes the states to be reliant on the federal government for revenue through grants. The states welcome the financial aid but do not welcome the rules and strings attached to the financial aid.
A. Based on the passage, what was the author’s feelings about pure democracy? (FRQ 4)
Madison hates pure democracy because it can’t stop factions and these governments have a violent death.
B. Explain TWO ways the United States Constitution limited majority rule. (FRQ 4)
In the original Constitution, one way to eliminate majority rule was through the electoral college, because the people don’t vote for presidents. A second way the US Constitution limited majority rule was that in the original Constitution, US Senators were chosen by state legislatures, not by the voters.
C. Identify TWO changes from the original Constitution that increased the democratic nature of government. (FRQ 4)
One change from the original Constitution that increased the democratic nature of government is the addition of the 19th Amendment, which allowed women to vote. Another change is the addition of the 26th Amendment, which made it where 18 year olds can vote.