CHAPTER 2: Texas in the Federal System

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CHAPTER 2: Texas in the Federal System MULTIPLE CHOICE 1. A system of government that is divided and shared between a national or central government and state or regional governments is utilized by a. North America. c. Canada. b. Mexico. D REF: 31 NOT: Applied 2. What was one critical challenge to writing the Articles of Confederation in 1787? a. The creation of a representative government for a large nation with a diverse population b. Assigning constitutional powers c. Deciding how much power the national government has depending on the necessary and proper clause d. Establishing major governing institutions A REF: 31 NOT: Factual 3. Texas s political figures have been pushing for a shift in power a. away from the federal government. c. towards the middle road. b. towards the federal government. d. that is more conservative. A REF: 31 NOT: Conceptual 4. Powers of the national government stated in the United States Constitution are called a. concurrent. c. delegated. b. reserved. d. committed. C REF: 31 NOT: Factual 5. Constitutions are expected to do all of the following except a. assign constitutional power. c. place limitations on the government. b. identify political leaders. d. establish major governing institutions. B REF: 31 NOT: Conceptual 6. Powers of the national government stated in the United States Constitution are called a. concurrent. c. delegated. b. reserved. d. committed. C REF: 31 33 NOT: Factual 7. Powers found in Article 1, Section 8 and are explicitly listed in the US Constitution are called a. expressed powers. c. concurrent powers. b. implied powers. d. reserved powers. A REF: 33 NOT: Factual 8. Delegated powers that come with an office or position are called a. inherent powers. c. reserved powers. b. delegated powers. d. expressed powers. A REF: 33 NOT: Factual

9. The implied powers of the national government are designed to do whatever is necessary to a. carry out the expressed powers of the national government. b. carry out the expressed powers of the national and state governments. c. establish the inherent powers of the national government. d. establish the reserved powers of the states. A REF: 33 NOT: Factual 10. Powers assigned to both the national and state governments are called a. reserved powers. c. special powers. b. concurrent powers. d. federal powers. B REF: 33 NOT: Factual 11. Under Article 1, the U.S. Constitution gives the national government all of the following expressed powers except a. conduct foreign policy. c. raise and support an army. b. regulate intrastate commerce. d. borrow money. B REF: 33 34 NOT: Conceptual 12. Reserved powers are those that belong to the a. national government. c. national and state governments. b. state governments. d. local governments only. B REF: 34 NOT: Factual 13. Which Article and Section was used to justify the Patient Protection and Affordable Care Act? a. Article VI, Section 2 c. Article VII, Section 2 b. Article I, Section 8 d. Article VIII, Section 2 B REF: 34 NOT: Applied 14. Which is a true statement about the powers of the national government? a. The only powers of the national government are those specifically stated. b. The amount of power the national government has depends on the interpretation of the necessary and proper clause. c. Powers are determined by the supremacy clause. d. Powers of the national government are equal to the powers of the state governments. B REF: 34 NOT: Applied 15. Which is a correct statement about the Tenth Amendment? a. The federal courts have frequently used this amendment to invalidate national government actions. b. In spite of this amendment the U.S. Supreme Court in McCulloch v. Maryland permitted federal action through implied powers. c. The federal courts used this amendment to allow the national government to commandeer state agencies to the service of the federal government. d. The Tenth Amendment states that all powers not explicitly delegated to the national government are reserved to the states exclusively. B REF: 34 35 NOT: Conceptual 16. The 1819 McCulloch v. Maryland case the powers of the federal government.

a. expanded c. expressed b. limited d. delegated A REF: 35 NOT: Factual 17. What dominant type of federalism existed up until the 1930s? a. Dual federalism c. Creative federalism b. Cooperative federalism d. New federalism A REF: 36 NOT: Conceptual 18. Which is not a characteristic of dual federalism? a. The national government is one of enumerated powers. b. The purposes that the national government may constitutionally promote are few. c. Within their respective spheres the two centers of government are not sovereign and hence not equal. d. The relation of the two centers with each other is one of tension rather than collaboration. C REF: 36 NOT: Applied 19. The understanding that the federal government and state governments are both sovereign within their sphere of influence is called a. cooperative federalism. c. creative federalism. b. dual federalism. d. new federalism. B REF: 36 NOT: Applied 20. Which type of federalism encourages states to pursue certain public policy goals and when states cooperated, they would receive matching funds or additional assistance from the national government? a. New federalism c. Cooperative federalism b. Dual federalism d. Creative federalism C REF: 37 NOT: Conceptual 21. Federal aid to state or local governments for specific purposes, granted under restrictive conditions and often requiring matching funds from the receiving government is called a. a categorical grant. c. a block grant. b. a matching grant. d. a federal grant. A REF: 37 NOT: Factual 22. Which is not a condition of categorical grant programs? a. The receiving government agrees to match the federal money with its own, at a ratio fixed by law (between 10 percent and 90 percent of the cost of the program). b. The receiving government administers the program. c. The receiving government must meet minimum standards of federal law. d. States can spend federal money in any way that promotes racial segregation. D REF: 37 NOT: Applied 23. State and local governments have greater administrative flexibility with than with categorical grants. a. matching grants c. block grants b. earmark grants d. project grants C REF: 37 NOT: Conceptual

24. The attempt to enhance the power of state and local governments, especially by substituting more flexible block grants instead of restrictive categorical grants in aid is called a. a matching grant. c. cooperative federalism. b. devolution. d. dual federalism. B REF: 37 NOT: Factual 25. The Plessy v. Ferguson decision allowed continued discrimination against African Americans, and it became pervasive throughout the South, as a. Jim Crow laws. c. the Fourteenth Amendment. b. the separate-but-equal doctrine. d. the Tenth Amendment. A REF: 38 NOT: Applied 26. Which court case involved the University of Texas at Austin encouraging African-American students to go out of state to attend law school? a. Sweatt v. Painter c. Brown v. Board of Education b. Plessy v. Ferguson d. McCulloch v. Maryland A REF: 38 NOT: Conceptual 27. Southern states viewed Brown v. Board of Education, the Twenty-Fourth Amendment, the Civil Rights Act of 1964 and Voting Rights Act of 1965 as a. separate but equal. c. coded language for states rights. b. an encroachment of their states rights. d. an example of devolution. B REF: 38 NOT: Conceptual 28. The Twenty-fourth Amendment to the U.S. Constitution forbids states from which of the following? a. Using age in setting voting requirements b. Prohibiting persons from voting on the basis of gender c. Allowing the appointment of U.S. senators d. Enacting poll tax laws as a condition for voting in a national election D REF: 38 NOT: Factual 29. Governor Rick Perry, during his 2011 2012 presidential bid, argued that the federal government had increasingly taken over more activities of the state government. This is an example of what type of federalism? a. Coercive federalism c. New federalism b. Liberal federalism d. Dual federalism A REF: 39 40 NOT: Conceptual 30. The Office of the Governor believes so firmly in protecting states rights that he made the Amendment to the Constitution a central element of his bid for the Republican nomination for the presidency. a. Twenty-fourth c. Fourteenth b. Tenth d. Eighth B REF: 41 NOT: Applied 31. Texas is the headquarters to the world s industry? a. wind turbine c. petrochemical b. coal d. aeronautics

C REF: 42 NOT: Factual 32. Cap and trade is a proposed market-driven environmental policy that sets limits on the amount of pollution that industry can produce, and it is used by Texans to a. challenge the national government. b. develop alternative sources of energy. c. produce hazardous air pollutants. d. attract industry to invest in technology that will produce less pollution. D REF: 42 NOT: Conceptual 33. Texas and its local government rank when it comes to receiving federal dollars for the past decade. a. 44th c. 37th b. 43rd d. 3rd D REF: 45 NOT: Factual 34. The obligations that the federal government imposes on state governments with little or no funding to help support the program defines a. unfunded mandates. c. block grants. b. categorical grants. d. earmarked grants. A REF: 46 NOT: Factual 35. What did President Bill Clinton s Unfunded Mandates Reform Act of 1995 allow the federal government to do? a. Get around the law. b. Take credit for legislation without funding. c. Obligate the states to implement certain policies. D REF: 46 NOT: Applied 36. Which of the following is not a provision of the federal Patient Protection and Affordability Care Act (Health Care Reform)? a. An individual mandate that requires uninsured individuals to buy health insurance or pay a fine b. Provides for state exchanges through which individuals and small businesses may purchase insurance c. Those without employer-based health insurance may be eligible for federal subsidies. d. The Medicaid program will be reduced due to a reduced need. D REF: 47 NOT: Applied 37. What is known as the hidden tax on the American people? a. The added cost of medical payments paid by the uninsured. b. The added cost to American families and employers of covering those who are uninsured. c. The added cost to the local government for providing free medical attention to the uninsured. d. The added cost to employers for providing insurance to their employees and their families. B REF: 47 NOT: Factual

38. Which law outlawed child labor, established a minimum wage, limited the workweek to 40 hours, and mandated overtime pay? a. American Recovery and Reinvestment Act b. Fair Labor Standards Act c. Unfunded Mandates Reform Act d. AMBER Alert Act B REF: 48 NOT: Conceptual 39. In what court case did the U.S. Supreme Court rule that the Fair Labor Standards Act violated the Tenth Amendment of the Constitution? a. Garcia v. San Antonio Metropolitan Transit Authority b. Fair Labor Standards Act c. National League of Cities v. Usery d. Unfunded Mandates C REF: 48 NOT: Applied 40. Prior to the 1970s, the Fair Labor Standards Act did not include what entities from establishing a minimum wage, maximum hour, and overtime pay provisions? a. Federal and state governments c. State and local governments b. State and county governments d. Local and county governments C REF: 48 NOT: Factual 41. In what court case did the U.S. Supreme Court move the balance of power from the states to the national government, limiting the role of the Tenth Amendment and the powers reserved to the states? a. National League of Cities v. Usery b. McCulloch v. Maryland c. Plessey v. Ferguson d. Garcia v. San Antonio Metropolitan Transit Authority D REF: 48 NOT: Conceptual 42. The AMBER Alert system is a good example of a a. state policy solution that was expanded nationwide. b. state s experiment with public policy. c. state successfully implementing a law enforcement tool. D REF: 48 49 NOT: Applied 43. States serve as public policy a. laboratories. c. scapegoats for failed national policies. b. referendums. d. equals to that of the national government. A REF: 49 NOT: Factual 44. The Reconstruction Era was a period in which a. Radical Republicans in Congress took control of public policy. b. Radical Republicans in Congress enfranchised the recently freed male population and limited political and voting rights. c. Texas history witnessed the election of a number of African Americans to the state legislature.

D REF: 49 NOT: Factual 45. Certain rights found in the Bill of Rights are rights that cannot be encroached upon by the states is known as the a. incorporation doctrine. c. Fourteenth Amendment. b. Tenth Amendment. d. new federalism. A REF: 49 NOT: Applied 46. The U.S. Supreme Court has interpreted the Amendment to extend many national constitutional guarantees to the states. a. Tenth c. Fifteenth b. Seventeenth d. Fourteenth D REF: 49 NOT: Conceptual 47. Which U.S. Constitutional Amendment has been used by the U.S. Supreme Court to extend most of the provisions in the Bill of Rights to state governments? a. Sixteenth Amendment c. Fourteenth Amendment b. Fifteenth Amendment d. Thirteenth Amendment C REF: 50 NOT: Conceptual 48. Which of the following is not true of the Defense of Marriage Act (DOMA)? a. DOMA was enacted by the federal government in 1996. b. DOMA was fully endorsed by President Obama and the Judicial Department. c. DOMA allows states to reject marriages between members of the same sex that occurred in other states. d. DOMA is in direct conflict with the Full Faith and Credit Clause of the U.S. Constitution. B REF: 50 51 NOT: Factual 49. Which court case clarified the incorporation of the Fourth Amendment, which provides protections against unreasonable searches and seizures? a. Aguilar v. Texas c. Mapp v. Ohio b. Pointer v. Texas d. Beck v. Ohio A REF: 50 NOT: Factual 50. Which court case grants the accused the right to confront the witnesses against the accused? a. Aguilar v. Texas c. Mapp v. Ohio b. Pointer v. Texas d. Beck v. Ohio B REF: 50 NOT: Factual 51. Which power gives the U.S. Congress the authority to create rules for immigration and naturalization? a. Article VI c. Article I, Section 8 b. Article I, Section 10 d. Article 2, Section 8 C REF: 50 NOT: Factual 52. In their struggle for power, which institution has acted as an umpire between the national and state governments? a. The United States Congress c. The United States Supreme Court b. The President of the United States d. Federal bureaucracies

C REF: 50 NOT: Conceptual 53. In 1996, the federal government enacted the Defense of Marriage Act that some states believe a. violated the right of states to determine their own civil laws. b. allowed states to reject marriages that occurred in other states between members of the same gender. c. allowed Texas to outlaw gay marriage. D REF: 50 51 NOT: Applied 54. Legal scholars argue that Article IV, Section 1 of the U.S. Constitution requires states to recognize a. the public acts, records, and judicial proceedings of every other state. b. the Full Faith and Credit Clause of the U.S. Constitution. c. that it contributes to the federalism question because it mandates that Texas recognizes the official documents and court rulings from other states. D REF: 51 NOT: Conceptual 55. Governor Perry s desire to eliminate some federal agencies is based on a. the idea that the federal government should be reigned in. b. what he sees as government waste and duplication of efforts by states. c. his 2012 presidential campaign. D REF: 52 NOT: Conceptual 56. What agencies did Governor Perry want to eliminate if he became president of the United States despite the fact that these agencies employ a large number of Texans? a. Department of Commerce c. Department of Energy b. Department of Education D REF: 52 NOT: Applied 57. Customs and Border Protection has a priority of keeping a. terrorists out of the country. b. facilitating trade and travel while enforcing hundreds of regulations. c. illegal immigrants and illegal narcotics from entering the country. D REF: 52 NOT: Factual 58. Which statement more accurately describes Texas s involvement with the military? a. More Texans have historically volunteered for the military. b. Texas has had very little military volunteerism in the military. c. The state has not really experienced much growth associated with the military. d. The state has employed a limited number of civilian as well as service and contract workers. A REF: 52 NOT: Conceptual 59. Which federal agencies work alongside Texas agencies complementing their economy? a. Border Patrol, Education, and Commerce b. Department of Defense, Border Patrol, and Agriculture c. Agriculture, Energy, and Health and Human Services

d. Border Patrol, Education, and Department of Transportation B REF: 52 53 NOT: Applied 60. Which federal agency works alongside the Texas Department of Agriculture to ensure that what people consume is safe and nutritious? a. U.S. Department of Commerce b. U.S. Department of Land Commission c. U.S. Department of Agriculture d. U.S. Department of Health and Human Services C REF: 53 NOT: Factual ESSAY 1. Explain what is meant by a federal system of government. In your discussion, be sure to identify the powers that are granted to both the national government and the states. What powers are denied to both? What powers are shared by both? Be sure to give examples. 2. Explain how the United States Supreme Court has recently interpreted states rights as being embodied in the Tenth and Fourteenth Amendments. What are your views on constitutionally imposed limitations on federal activities? 3. Discuss Texas leadership role in a nationwide movement to limit the role of the national government? 4. Explain the Tenth Amendment and the reserved powers of the states. What were the issues involved and the decision made in the case of McCulloch v. Maryland? 5. Identify the three largest positive contributions the national government makes to Texas? 6. Describe the changing relationship between states and the national government with each phase of federalism. 7. How has Texas coped with the changing nature of federalism?

8. Describe the difference between states rights and civil rights. How has Texas faired by taking a states rights position? 9. How is Texas choosing to challenge the federal passage of the Patient Protection and Affordability Care Act (Health Care Reform)? 10. Describe the concept of states as policy laboratories. What is an example of a successful policy that moved nationwide? Why was it successful?