APGAP Unit 3 THE CONSTITUTION Midterm Exam STUDY GUIDE Part 1: PRACTICE Multiple Choice: 1. Which of the following best illustrates a use of the elastic clause? a. the Supreme Court allows a lower court ruling to stand by refusing to hear an appeal b. a Congressional committee prevents the full chamber from voting on legislation by delaying a report c. Congress passes legislation establishing a national speed limit d. A member of the House of Representatives introduces a bill to increase federal income tax e. A governor issues an executive order requiring all state employees to submit to drug testing 2. According to The Federalist Papers, federalism has which of the following effects on political functions? a. It provides a structured environment in which factions may flourish b. It allows factions to dominate on the national level while limiting their influence on state governments c. It eliminates any opportunity for factions to form d. It limits the dangers of factionalism by diluting political power e. It prevents factions by declaring them illegal 3. Which of the following best describes the theory of federalism known as cooperative (marble cake) federalism? a. the federal government and the states each have separate and mutually exclusive roles and responsibilities; neither controls the other. b. the states have some powers reserved to them, which they may exercise if the Supreme Court permits. c. the federal government and the state have separate but overlapping powers; where these powers conflict the federal government prevails. d. the states may only exercise those powers delegated to them by Congress e. none of the above 4. Sovereignty is a quality possessed by government that a. is supreme in power and authority over a certain area b. collects revenues in excess of its expenses c. enters into a confederation d. has the support of a majority of its citizens e. has a geographically defined border 5. The basic premise of federalism is that a. supreme executive power derives from a mandate from the masses b. two or more governments share power and authority over the same land and people c. supreme political authority remains with the states d. a national government has ultimate sovereignty over a country s land and people e. states are sovereign unto themselves 6. The Supreme Court first declared that the courts have the power to overturn government acts that conflict with the Constitution in a. McCulloch v. Baltimore b. Gibbons v. Ogden c. Marbury v. Madison d. US v. Lopez e. Barron v. Baltimore 7. Someone who believes that the elastic clause of the Constitution should be narrowly interpreted is most likely to endorse the concept of -- federalism. a. cooperative b. creative c. implied d. dual e. coercive 8. The Tenth Amendment states that the powers not delegated to the national government or prohibited to the states are reserved to a. no one they are denied to all parties b. local governments c. the national government d. the people themselves e. the states
9. The Supreme Court s interpretation of the commerce clause has generally served to a. increase national power b. preserve states rights c. have no consistent effect on national and state power d. leave the balance of power between the national and state governments unchanged e. decrease national power 10. Since the 1930s, the national government has controlled its grants to the states through detailed rules, regulations, and restrictions because a. national payments to the states are actually unnecessary b. the national government wants influence in policy areas where it is constitutionally restricted c. state governments are not interested in influencing the content of national legislation d. state bureaucracies have been shrinking in size e. the national government does not have the funding for these programs 11. The most important principle upheld by the Supreme Court in McCulloch v. Maryland was that a. ultimate political sovereignty rests with the states b. the powers of the national government must be strictly limited to those expressly stated in the Constitution c. the national government has powers in addition to those expressly stated in the Constitution d. the powers of the national government come from the people e. the Supreme Court has the last word on what is constitutional 12. Which of the following statements about the Supreme Court, the New Deal and federalism are false? a. The Supreme Court at first treated the Great Depression as an accumulation of local problems not demanding national action b. The Court finally accepted the Tenth Amendment as a truism, rather than as a severe restriction on the power of the national government c. From the late 1930s on, the Supreme Court generally upheld Congress s expansion of national power and programs d. The Supreme Court was able to block the implementation of many programs of the New Deal, in spite of strong public support for these policies e. FDR s court-packing scheme seemed to affect the Court s future rulings concerning federalism 13. President Clinton differed from most of his Democratic predecessors in suggesting that the national government a. should continue to centralize its power b. has no proper role in state or local issues c. should use its grants as a way to force the states to implement national policy d. is not needed for any major policy endeavors e. should guide and encourage states but not command them in terms of national policy 14. Which of the following is viewed as an advantage of the many governments that characterize American federalism? a. Having many governments enables the country to experiment with new policies on a small scale b. Having many governments ensures that all regions and localities are treated equally by the federal government c. Government fragmentation makes government as a whole more easily understood by the average citizen d. Having many governments makes states more responsive top minorities and the disadvantaged e. Having many different areas of government encourages gridlock in policymaking 15. The likely impact of the Republican Revolution on federalism was: a. The strengthening of the power of the national government b. The acceleration of the ongoing shift of power back to the states c. The return to the strict separation between national and state responsibilities d. The turn-about as prosperous states give grants to an indebted national government e. A Supreme Court that has a broad view of the elastic clause and commerce clause 16. All of the following are true about unfunded mandates EXCEPT: a. They are requirements that the national government placed on the states without granting the states the funds to carry out the requirement b. They force the states to pay for the policies they may not want c. They generally gave states the freedom to spend federal funding as they wish d. They are strongly criticized by state and local officials e. They were declared illegal unless passed by a majority vote of congress
17. Revenue sharing a. had to be used in specific policy areas only b. was begun in the 1860 s under Dual c. was ruled illegal by the Republicans in 1995 d. had virtually no strings attached to federal aid programs e. was revived by President Clinton and became the centerpiece of his Permissive 18. The rapid growth of grants in aid is largely due to the fact that a. the Constitution requires that most programs be administered by the national government b. the states have failed to adequately fund any social programs c. the diversity of interests in the states requires a national focus d. states are constitutionally barred from maintaining independent programs without government s permission e. none of the above 19. is advantageous for democracy for all the following reasons EXCEPT: a. it has in the past led to biased policy outcomes, especially in the South b. it allows more opportunities for political participation c. it increases access to government d. it allows for a greater diversity of opinion in public policies e. it allows citizens more choices in terms of candidates and offices to vote for 20. Grants that are given more or less automatically to the states with no strings attached are called: a. categorical grants b. block grants c. unfunded mandates d. funded mandates e. state grants 21. A marriage license issued in one state is valid and honored in all states under the constitutional provision of a. separation of powers b. privileges and immunities c. full faith and credit d. national supremacy e. checks and balances 22. In the 1980 s, the federal government compelled the states to raise their drinking age by a. invoking the supremacy clause b. creating a national drinking age through congressional legislation c. invoking the federal government s police power d. threatening to withhold highway funds e. ratifying the twenty-first amendment 23. The Supreme Court in the case of US v. Lopez (1995) ruled a. that Congress had exceeded its powers when it passed the Gun Free Zone Act b. that a key provision of the violence Against Women was unconstitutional c. that commerce could be defined as virtually anything Congress said it was d. that Congress could regulate the sale of guns under the Brady Bill e. that a section of the Brady Bill was unconstitutional 24. An important distinction between a categorical grant and a block grant is that: a. states have more freedom in determining how to use block grants b. states must provide matching funds for a block grant c. block grants are more numerous than categorical grants d. categorical have comparatively few restrictions e. block grants are targeted to very specific program goals 25. A political system in which all the power is in the hands of the central government is known as a: a. confederal system b. unitary system c. federal system d. republican system e. state system 26. To what does the term new federalism refer? a. The national government s regulation of state action through grants-in-aid b. The period from 1866-1933; also known as cooperative federalism c. The efforts of Nixon and Reagan to return more policy making discretion to the states d. The recent emergence of local governments as significant political actors e. The era of President Clinton 27. Which general area of policy is left up to the states? a. foreign policy b. military policy c. treaties with other countries d. health and welfare e. coining money 28. Which aspect of fiscal federalism did Congress challenge with legislation after the Republican Revolution? a. block grants b. funded mandates c. revenue sharing d. categorical grants e. unfunded mandates
29. In Gibbons v. Ogden (1824), the Supreme Court ruled a. Congress had the exclusive right to regulate interstate commerce b. judicial review was a power of the court c. state contracts took precedence over federal law d. The states cannot tax the national government e. That the state of New York had a legitimate monopoly on the lower Hudson River 30. The Framers created the federal system in order to a. preserve power for the elite in society b. prevent tyranny by dividing the powers of government c. establish more democratic political system that was also efficient d. establish a powerful central government and minimize the sovereignty of state and local governments e. allow factions to flourish and eventually control government 31. Which of the following actions by the federal government best illustrates the concept of unfunded mandates? The national government requiring: a. that polling booths remain open beyond the hours of the workday with a grant to pay for extra pollworkers b. all municipalities to impose a minimum property tax on all residential and business properties c. states and municipalities to provide certain services for their citizens without providing resources to pay of those services d. state and municipalities to privatize many previously publicly funded services e. state governments to guarantee short term bonds issued by large municipalities in their states 34. A concurrent power is a. shared by the states and national government b. shared by the president and Congress c. shared by the governors and the president d. shared by the house and Senate e. reserved for either the states or the national government but not both 35. The power of the federal government was expanded by the following Supreme Court decisions: I. McCullough v. Maryland II. Marbury v. Madison III. US v. Lopez IV. Gibbons v. Ogden a. I and II only b. I, II and IV only c. I, II and III only d. I, II, III and IV e. none of the above combinations 36. The Clean Air Act of 1970 was an example of a. a decision by the federal courts that imposed strict spending limits on the states b. Congress attaching conditions of aid to federal funds to the states c. Congress imposing a financial burden on the states but not providing funding d. A federal agency requiring the states to take action e. cooperative federalism 32. The Constitution did not give Congress the authority to establish the Internal Revenue Service (IRS). Congress did so, however, to implement its power to lay and collect taxes. This action by Congress is an example of the use of a (n) power. a. reserved b. delegated c. expressed d. implied e. enumerated 33. The theory behind the shift from categorical grants to block grants was to: a. give the federal government greater control over the money going to the states b. let Congress impose new conditions on grants c. eliminate all funding for welfare programs d. increase unfunded mandates e. allow the states and local governments to make more of their own policy decisions
I. Powers of the Government Under Part 2: Additional Notes: Implied Powers according to the elastic/necessary and proper clause Enumerated Powers those penned in the Constitution (coin money, regulate interstate commerce, conduct foreign relations, provide an army & navy, declare war, establish courts, establish post offices, and to admit new states) tax, borrow money, make & enforce laws, charter banks & corporations, spend money for the general welfare, exercise eminent domain establish local gov'ts, regulate intrastate commerce, ratify amendments to the Constitution, exercise police power to administer civil and criminal law, provide for public education conduct elections, provide for welfare and correction agencies, authority over all public acts records etc. POWERS Denied Powers powers neither government can exercise ex post facto, bills of attainder (habeus corpus) II. The Development of Nationalization Dual, Part I Dual, Part II Co-operative Creative New Competitive 1789-1830 1830-1860 1860-1930 1930-1960 1960-1970 1970-1990 1990-2000 AKA: Marshall Court marked a period of broad construction of the Constitution and of the expansion of federal power under the Marshall Court at the expense of the states AKA: Layer Cake marked a period of settling down, return to states rights and returning to the original power of clearly defined separate/ concurrent powers AKA: Layer Cake marked further growth of states rights following the Civil war under the Chase Court, federal growth kept to a minimum AKA: Marble Cake big time federal growth & control of government, increased co-op blends 3 levels of government as responsibilities and roles are intertwined and federal perceptions dominate AKA: Fiscal federal perceptions continue to dominate & set agenda, grants used to alter and restrict, increase in federal power state power back in style, begins with less restriction under Nixon and ends with decentralization under Reagan and Bush AKA: The Future of struggle between the federal and state govts, power shift not determined, federal mandates Marbury v. Madison Mc Culloch v. MD Gibbons v. Ogden Fletcher v. Peck the nullification of Jefferson and Madison comes back under John C, Calhoun civil rights= states Plessy v. Ferguson FDR and the New Deal categorical grants common LBJ and The Great Society use of Revenue Sharing and Block Grants, end of categorical Nixon, Reagan/Bush mandates Clean Water Act ADA cases
III. Recent Developments/Items For Class Discussion not Fully Developed in Lineberry A. UMRA (Unfunded Mandate Reform Act) B. Republican Revolution of 1994 & its impact on federalism C. Devolution D. and Policy areas (Education; Drinking age; Gay marriage; Medical marijuana, etc) E. The Defense of Marriage Act (DOMA) F. Conditions-of-Aid G. Sovereignty H. Intergovernmental Lobbies I. Expressed Power J. Barron v. Baltimore (1833), Gitlow v. New York (1925) & Incorporation H. U.S.v. Morrison (2000) and Violence Against Women Act (1994) IV. The Roots of A. Different Systems of Democratic Government 1. unitary 2. confederal a. The Articles of Confederation (1777-1787) b. The Confederate States of America (1861-1865) 3. federal B. The Best of Both Worlds - Hamilton s View of 1. a protector of liberty against tyranny 2. increased political participation 3. state governments as laboratories for new policies 4. protector of minority against the tyranny of the majority 5. allows for easy addition of new units 6. allows for variation in policy, retention of local customs 7. allows for diversification V. Other A. Full Faith & Credit Clause B. Extradition C. Amendments IX & X Part 3: Additional Notes: Constitutional Underpinnings I. The Development of the Constitution A. The Declaration of Independence (1776) 1. philosophical precedents: Magna Carta (1215), the Petition of Right (1628), the Bill of Rights (1689) 2. influence of John Locke and the idea of unalienable rights, consent of the governed rights that no government could infringe upon 3. the listing of specific grievances against British government 4. note: American limitations were all men indeed created equal? B. The Articles of Confederation (1776) 1. Goals: a central government, albeit a weak one, dominant state governments, retention of liberties 2. Functions of the U.S. Government under the Articles 3. problems under the Articles: tariffs between states, lack of revenue, massive inaction and gridlock, chaos and disorder, Shays Rebellion, the case of the Barbary Pirates 4. 1787: from revision to abolition 5. Powers under the Articles (see chart next page)
Powers Given only all those considered necessary the power to make war, peace the power to make treaties the power to borrow money the power to have an army, yet not to draft for service (therefore ineffective) the power to make laws, but only with a 2/3 majority vote in the legislature the power to amend, but only unanimously Powers Denied all it could and still have an administrative central government the power to draft troops the power to levy taxes the power to regulate commerce an executive branch of government a judicial branch of government the power to regulate commerce between the states C. The U.S. Constitution (1787) 1. spectrum of ideology at the Constitutional Convention This Whole thing Is Getting Out of Hand Revise Rather than Abolish the Articles Massive Amendments to Articles Replace Articles With New Constitution Return to Monarchial System Rhode Island Jefferson, Paine, Hancock, Henry Hamilton, Washington, Madison closeted Hamilton delegates not even sent to convention did not attend or left convention, fear of loss of individual liberty at hands of strong central government need to ensure a stronger central government, yet keep sovereignty of states, protect liberty need to preserve order while maintaining liberty, states to retain power under federal intense fear of masses outweighs fear of losing liberty, return to system similar to that under England with limited monarchy, limited liberty 2. interpretations of the document that was produced a. James Q. Wilson: a combination of self-interest, mixed with a desire to protect one s state against the others, a desire to make it work for the better good of the new nation, and yet protect property b. Charles Beard (1913): a document drafted to protect property and to make a government which would create an elite based on class c. Thomas Bailey: an effort at curbing the excessive democracy of the Revolution and the government under the Articles 3. conflict and compromise at the convention a. representation: the VA plan & NJ plan become the Great/CT Compromise b. slavery: the desire to abolish slavery & expand it become the 3/5 s compromise and the limitation of the importation after 1807 c. tariffs/economics: the desire of the North to tax the exports of the South and protect its own industry & the desire of the South to have no such taxes becomes taxes only on foreign imports. d. executive: compromise worked out in the creation of the Electoral College 4. How the U.S. Constitution repaired the Articles: gave the new government the power to tax, regulate commerce, issue currency, adapt under the elastic clause- necessary and proper which allows Congress to expand its powers to carry out its Constitutional responsibilities (not create new powers, only to carry out powers already given) [ex s: the President s cabinet, the national Bank, etc.]
5. specific powers given and denied Some powers granted to the Nat'l Gov't: (exclusive) to coin money to regulate interstate commerce to conduct foreign relations to provide an army and a navy to declare war to establish courts inferior to the Supreme Court to establish post offices to make laws necessary and proper to admit new states to carry out the above To Both:(concurrent) to tax to borrow money to make and enforce laws to charter banks and corporations to spend money for the general welfare to exercise eminent domain To the States: (reserved) to establish local gov'ts. to regulate intrastate commerce to ratify amendments to the Constit. to exercise police power to admin. civil and criminal law to provide for pub. education to conduct elections to provide for welfare and correction agencies Authority over all public acts records etc. (permits, licenses, certificates of record) Some powers denied the Nat'l Gov't: anything not expressly given them (See Amendmen X) to tax articles exported from one state to another to violate the Bill of Rights to change state boundaries To Both: to grant titles of nobility to permit slavery (13th amendment) to deny the right to vote because of race, color, or previous cond. of servitude (15th) to deny the right to vote because of sex (19th) To the States: to tax imports or exports to coin money to enter into treaties to impair the obligation of contracts to abridge the privileges or immunities of citizens to deny due process of law--the equal protection of the laws (14th)
6. The Battle Over Ratification A. Federalists Anti-Federalists 1. Hamilton, Jay, Madison 2. fear of the people, of a tyranny of the majority over loss of liberty 3. the Federalist Papers: a. attempt to show that the Constitution both protects individuals as a pluralistic system and that it is a check on government as it is a system based on compromise b. Federalist #: 51: fed= stronger than confed 3 branches, checks & balances 10: factions are the downfall of a society and US under Articles republic= local factions only big govt= no factions, good cands 47: separation of powers, checks c. argue that individual liberties are protected because: -full faith and credit clause -republican government -no ex post facto/bill of attainder -habeas corpus -each state has a bill of rts in Const. 4. upper class, merchants, landed elite, residents of large cities along Atlantic coast 5. triumph by slight majority, with promise of a Bill of Rights to ensure personal liberty and sovereignty of states. 6. forerunners of the Federalist Party who argue a strict construction of the Constitution 1. Mason, Henry, Lee 2. Fear of government and loss of liberty over chaos and disorder 3. the Pennsylvania Packet & Letters from a Federal Farmer 4. argue that the Constitution creates not a pluralistic society, but one of class and elitism, that the new constitution abuses liberty 5. farmers, settlers along the western frontier 6. forerunners of the Jeffersonian Republicans who argue a strict construction of the Constitution B. See also: The Federalist Papers: Brought to you by the Classes of 2005 & 2008! 7. Separation of Powers/the Madisonian Model (see additional information provided in class) 8. Amending the Constitution: Formal & Informal (See additional information provided in class)
Part 4: Additional Notes: FRQ Study Guide For the FRQ section of your exam, you will write on TWO prompts and should study the following: 1. How the Constitution is constructed: Madisonian Model, checks & balances, amendments, representative republic, federalism, etc. 2. The arguments of the Federalists (Federalist Papers) and Anti-Federalists in regard to ratification of the new Constitution. 3. The Articles of Confederation: what did they allow the government to do, what were the Articles weaknesses, what kind of government did it create and what were the new government s problems? 4. : how has the power of the federal government grown over time and why, how have states sought to reclaim their rights in recent years, what is the role of unfunded mandates, what was the original purpose of federalism, what are its benefits and what happens in the U.S. because of it? Part 5: REVISED Calendar Fri 3/27 AFTER SCHOOL REVIEW for FRQ Section of Unit 3 Midterm Exam Sat 3/28 & Sun 3/29 Study, Study, Study! March 29 th : Happy Birthday, Mercy! Mon 3/30 Tue 3/31 & Wed 4/1 Current Event #24 due, #25 Assigned (online) FRQ Section of Unit 3 Midterm! *AFTER SCHOOL REVIEW for MC Section of Unit 3 Midterm MC Section of Unit 3 Midterm! *Wed 3/31 In Your Face, Mr. A.! Throw a pie in Mr. Anderson s face to benefit American Cancer Society s Relay for Life! Outdoor stage @ Lunch Only $2! Get out your Midterm Frustration! Thu 4/2 Current Event #25 due T-Shirt Orders Spring Break Assignment: Units 4A & 4B: The Presidency & Congress Fri 4/3 NO School: Cesar Chavez Holiday & Beginning of Spring Break