American Government 100Part I
Patterson, pgs. 79-101
Woll, pgs. 74-78, A:AG5-11
Dual Federalism & Laissez-Faire
Capitalism (1865-1937)
True or False Questions
1. For the first few decades after the passage of the Fourteenth Amendment, the Supreme Court came to the defense of blacks who were being abused by "Jim Crow" laws and structures. True or False
2. Through its rulings after the Civil War, the Supreme Court provided a constitutional basis for uncontrolled economic power. True or False
3. In 1886, the Supreme Court decided that corporations were "persons" within the meaning of the Fourteenth Amendment and thus their property rights were protected from substantial regulation by the states. True or False
4. The Constitution's commerce clause spells out the government's role over economic activities including Congress's participation. True or False
5. According to Patterson, the relation of the national government to the states is still accurately described by dual federalism. True or False
6. According to Patterson, the national government now operates in many policy areas that were once exclusively within the control of states and localities. True or False
7. Unlike Roosevelt’s New Deal which dealt mainly with the economy, Johnson’s Great Society focused more with social welfare issues which have an indirect constitutional basis. True or False
8. In spite of what conservative critics may believe, the Constitution does grant Congress the power to regulate social welfare. True or False
9. Modern systems of transportation, commerce and communication have required the federal government to assume a much larger policy role. True or False
10. State and local governments combined raise twice as much tax revenues as the federal government. True or False
11. Because most grants require states to contribute matching funds, the federal programs in effect determine how states will allocate some of their own tax dollars. True or False
12. Categorical grants that are provided by the federal government are much more restrictive than block grants. True or False
13. In spite of the fact that many southern states receive a higher percentage of their state revenues from the federal government than other regions, the South as a whole has traditionally provided fewer government services. True or False
14. After the 1960s, Republicans exploited the costs of social welfare for the poor, feeding on the public’s anger with higher taxes and regulation. True or False
15. Ronald Reagan promoted the use of categorical grants as opposed to block grants and removed many restrictions on the activities of federal agencies to increase efficiency. True or False
16. After the 1930s the Supreme Court ruled that the line designating the constitutional role for the states was quite clear. True or False
17. The Supreme Court has continued to uphold the principle established in the 1930s that Congress’s taxing, spending, and commerce powers are broad and substantial. True or False
18. In the end, some states refused President Obama’s stimulus funds, including Alaska, Mississippi, Louisiana, and South Carolina, believing that this was an over-reach by the federal government. True or False
19. One of the major after-effects of 9/11 is the dramatic slowdown of devolution. True or False
20. A 1936 Gallup poll indicated that a sizeable majority of Americans supported Roosevelt's social security program. True or False
21. The second great wave of federal social programs headed by Lyndon Johnson were rejected by the majority of the American people. True or False
22. The Republican takeover of the Congress in 1994 was in large part a result of Americans' dissatisfaction with federal deficits and growth in government. True or False
Multiple Choice Questions
1. A precise separation of national and state authority where power is distinct to each: a) federal supremacy, b) unitary federalism, c) dual federalism, d) states' rights.
2. According to Patterson, what would be the necessary counterforce to prevent the abuses of big business during the Industrial Revolution? a) government, b) business itself, c) the free market, d) free trade
3. Dual federalism became a barrier to: a) shielding big business from consumer law suits, b) business abuse of their employees, c) states' rights, d) protecting former slaves from state abuse.
4. During the period from the 1860s through the 1930s, the Supreme Court: a) protected children from the abuse of industry, b) established guarantees for unionized labor, c) assured business supremacy in commerce policy, d) violated states' sovereignty continuously.
5. In what infamous decision of 1896 did the Supreme Court establish the so-called "separate but equal" doctrine that legitimized "Jim Crow?" a) Brown v. Board of Education, b) Plessy v. Ferguson, c) Scott v. Sanford, d) Cartwright v. Smith.
6. For James Madison, why would a large republic be preferable to a small one when it came to upholding liberty? a) a large republic has more resources and money to support a larger population, b) a small republic is always being threatened by stronger neighbors, resulting in greater instability and war, c) a large republic has a greater diversity of interests that would be forced to cooperate and compromise resulting in greater moderation and tolerance, d) historically, small republics degenerate into autocracy because of the influence of factions.
7. The doctrine which holds that business should be allowed to act without interference: a) laissez-faire capitalism, b) democratic centralism, c) comparative advantage, d) economic protectionism.
8. The original intent of the Fourteenth Amendment was to protect: a) small business from excessive taxation, b) large corporations from excessive regulation, c) the states from the liberty clause, d) newly freed slaves from being treated as second-class citizens.
9. In the case involving a sugar monopoly in 1890, why was the Supreme Court’s decision contradictory and even cynical? a) Because the Court had condemned the President’s action, b) Because earlier, the Court had essentially stripped the states’ of the ability to regulate manufacturing by misinterpreting the Fourteenth Amendment, c) Because the Court had a clear delineation of where intrastate commerce ends and interstate commerce begins based on the Constitution, d) Because the due process clause of the Fourteenth Amendment had been struck down by the Court.
10. How did the Supreme Court invalidate a 1916 federal act that prohibited the interstate shipment of goods produced by child labor (Hammer v Dagenhart)? a) Based on the Tenth Amendment, the Court majority ruled that such practices could only be regulated by the states, b) Using the Fourteenth Amendment, the Court majority argued that the federal government must leave the states alone when commerce is involved, c) Incorporating the Fifth Amendment's imminent domain limitation, the Court argued that labor has no constitutional protections, d) Specifying that the federal government had gone beyond the constitution's original mandate, the Court majority argued that it was an area not covered in the Bill of Rights.
11. At the depths of the Great Depression, what percentage of the work force became unemployed? a) one-fifth or 20 per cent, b) one-fourth or 25 per cent, c) one-third or 33 per cent, d) half or 50 per cent.
12. In Schechter v United States (1935), the Supreme Court: a) invalidated the National Recovery Act, b) allowed for collective bargaining among workers nationally, c) rejected the use of private funds by the federal government to build roads and bridges, d) directed the Army Corp of Engineers to rebuild the New Jersey turnpike.
13. In 1937, in an effort to end the stalemate with the Supreme Court, President Franklin Roosevelt attempted to: a) convince members of the Court to change their views, b) get members of the Court impeached, c) pack the Court with additional justices based on the age of sitting members, d) force the issue by passing an amendment to the Constitution.
14. The nation's banking industry was saved in the 1930s from almost complete collapse by: a) state regulatory bodies, b) the Federal Deposit Insurance Corporation, c) the Federal Credit Board, d) the Depositor's Guarantee Commission.
15. What is meant by devolution? a) an expansion of the role of state and local government, b) an expansion only of the national government, not state government, c) a contraction of state, but not the local government role, d) the passing down of authority from the national government to the state and local levels.
16. The collaborative effort among national, state, and local governments to solve policy problems has been described as: a) dual federalism, b) unitary federalism, c) cooperative federalism, d) consensual federalism.
17. What is meant by fiscal federalism? a) the expenditure of state and local taxes by the federal government, b) the constitutional requirement to assure that the federal government's budget be fiscally balanced, c) the expenditure of federal funds on programs run in part through state and local government, d) the equality of the states receiving federal expenditures.
18. The federal government provides some or all the money for a program through cash payments to the states and localities: a) revenue containment, b) grants-in-aid, c) fiscal inducements, d) federal adjustments.
19. How does the federal government determine the states' and localities' public policies? a) by providing one of every five dollars states and localities spent, b) by providing one of every ten dollars the states and localities spent, c) by providing one of every fifteen dollars the states and localities spent, d) by providing one of every twenty dollars the states and localities spent.
20. The idea that American federalism will be strengthened by a shift in authority from the federal government to state and local governments: a) devolution, b) interposition, c) nullification, d) unitary.
21. A program initiated by Richard Nixon whereby the federal government would simply give money to the states for them to use as they saw fit that has been terminated: a) flexible block grants, b) unrestricted federal mandates, c) revenue sharing, d) discretionary financing.
22. Federal programs that require action by states or localities but provide no or insufficient funds to pay for it: a) unfunded mandates, b) categorical regulations, c) federal directives, d) delineated public policies.
23. What was the most significant legislative change made by the Republican controlled Congress in 1996? a) Federal Environment Act, b) Military Procurement Act, c) Welfare Reform Act, d) Housing Reform Act.
24. The Temporary Assistance for Needy Families (TANF) block grant: a) requires a family head to go to work or the benefits cease after ten years, b) limits what states are allowed to do, empowering the federal government to determine the amount of benefits, c) disallows a father from living in the family residence while the latter is receiving cash payments, d) restricts a family's eligibility for federal assistance to five years.
25. In Kimel v. Florida Board of Regents (2000), the Supreme Court ruled that: a) state governments must comply with all aspects of federal law protecting against all forms of discrimination, b) states cannot be sued by their employees governments for violations of federal age discrimination laws, c) state governments can ignore the entire civil rights legislation of the 1960s, d) state governments are limited only to civil rights issues.
26. A cabinet-level federal agency that was created as a response to 9/11 with policing and emergency responsibilities traditionally belonging to states and localities: a) Department of Police and Coordinating Center, b) Department of Homeland Security, c) Department of Security Outreach and Consolidation, d) Department of Stabilization and Control.
Fill-in Questions
1. The Fourteenth Amendment stipulates that:
a) A state was prohibited from depriving any person of _____, liberty, or property without ______of law,
b) from denying any person within its jurisdiction the ______of the laws and
c) from abridging the ______or ______of citizens of the United States.
2. By 1932, the economy had become a national one.
a) More than ___ million workers were employed by industry,
b) ______workers were typically dependent on ______for their housing, on farmers and grocers for their _____, and on ______for their jobs.
3. In 1937, the Supreme Court upheld the 1935 National Labor Relations Act, which:
a) awarded employees the right to ______and ______collectively.
b) In passing the legislation, Congress claimed that disputes between labor and management disrupted the nation’s ______and therefore,
c) such disputes could be regulated through the ______.
McCulloch v Maryland (1819)
Woll, pgs. 74-78
1. What were the two doctrines articulated by John Marshall in McCulloch v Maryland?
a) the doctrine of ______
b) the doctrine of the ______of ______.
2. According to Woll, by embracing the doctrine of implied power, Congress may now regulate what is essentially intrastate commerce.
True or False
3. In McCulloch, Marshall says that the federal government, though limited in its powers, is supreme within its sphere of action. True or False
4. Based on Article VI of the Constitution, Marshall says that "this Constitution, and the laws of the United States, ... shall be the supreme law of the land." True or False
5. From the enumerated powers of government, we do find the word bank or incorporation, argues Marshall, "we find the great powers to lay & collect taxes; to borrow money; to regulate commerce, which he assumes gives the federal government such authority. True or False
6. For Marshall, "A sound construction of the Constitution must allow to the national legislature that discretion" to perform its assigned duties "in manner beneficial to the people." True or False
7. Marshall says that the power to incorporate a bank is written in the Constitution and that the federal government being equal to the states can be taxed by the state of Maryland. True or False
8. In Gibbons v Ogden, the Court ruled that in the area of Commerce, the federal government is also supreme and can do anything and everything to achieve its responsibilities as long as it does not violate the Constitution directly. True or False
9. The Gibbons decision said
a) states cannot interfere with the power granted by ______by passing conflicting ______legislation
b) the commerce power includes anything affecting "commerce among the state" and thus may include ______as well as ______commerce.
Answers
Patterson, pgs. 79-101
True or False Questions
1. False
3. True
5. False
7. True
9. True
11. True
13. True
15. False
17. True
19. True
21. False
Multiple-Choice Questions
1. c
3. d
5. b
7. a
9. b
11. b
13. c
15. d
17. c
19. a
21. c
23. c
25. b
Fill-In Questions
1. a) life, due process, b) equal protection, c) privileges, immunities
3. a) organize, bargain, b) economy, c) commerce clause
Woll, pgs. 74-78
1. a) implied powers, b) supremacy, national law
3. True
5. False
7. False
9. a) Congress, state, b) intrastate, interstate
A:AG5-11