Pols 1101 Exam 2 GSU |70 Q’s and A’s
What makes a federal system, like that of the United States, different from a confederacy
and unitary national government? - --The federal gov't can enact and enforce laws in
certain areas of public policy
-The state gov't also has reserved powers
-legal powers and boundaries can be altered
-What is judicial review? Why has it been important for the development of federalism
over time? - --review by the US Supreme Court of the constitutional validity of a legislative
act
-Judicial review is important because it allows laws that are inconsistent with the
constitution (that violate the rights and liberties protected by the constitution) to be
revised or expunged without a full act of the legislature
-Where in the Constitution are most of Congress' enumerated powers listed? - --Article 1,
Section 8 includes the listed powers that are vested to Congress, which are referred to as
the Enumerated Powers.
-What is the Necessary and Proper Clause? What are "amendment-enforcing provisions"?
How are they sources of implied powers? - --The Necessary and Proper Clause allows
Congress "To make all Laws which shall be necessary and proper for carrying into
Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the
Government of the United States, or in any Department or Officer thereof." (Article I,
Section 8, Clause 18).
-What are "reserved powers"? - --In comparative federalism and comparative
constitutionalism, reserved powers or residual powers are those powers which are not
"enumerated" (written down, assigned).
-What is meant by "the police power"? (HINT: It is not about police officers.) What does it
have to do with the constitutional law of American federalism? Are there any constitutional
limits on the police power of the state governments? - -police power is the capacity of the
states to regulate behavior and enforce order within their territory for the betterment of
the health, safety, morals, and general welfare of their inhabitants.[1] Under the Tenth
Amendment to the United States Constitution, the powers not delegated to the Federal
Government are reserved to the states or to the people. This implies that the Federal
Government does not possess all possible powers, because most of these are reserved to
the State governments, and others are reserved to the people
-What advantages of forming unions (like the European Union or the U.S. union) are
pointed to by pro-unionists? What disadvantages do anti-unionists (e.g., secessionists)
point to? - --The first and most vital problem with disunion, according to pro-unionists, is
that it makes it more difficult for governments to resolve conflicts peacefully.
, -Disadvantage: if power were to be centralized in the national government, that
government would become highly oppressive.
-Generally speaking, has the power and authority of the national government increased or
decreased over time? - -Yes, The government has had more increased authority since
1789.
-What impact did each of the following have on the development of federalism during the
Progressive Era?:
a. The Supreme Court's doctrine that the regulation of economic production is a power
reserved exclusively to the states.
b. 16th, 17th, 18th, and 19th Amendments - -a. it was unconstitutional for the federal
government to infringe upon the authority of states to decide whether and how to allow
child labor. During this era, the Court also resisted efforts by the federal government to use
its power of taxation in order to remedy various perceived social evils.
b. 16th- That amendment provided Congress with authority to tax income in nearly any
manner it chooses.
17th- the Seventeenth Amendment stripped state governments of their control over who
served in the U.S. Senate.
18th- The Eighteenth Amendment's nationwide ban on "the manufacture, sale, or
transportation of intoxicating liquors" meant that the states were disallowed from using
their police power to regulate alcoholic beverages however they saw fit
19th- the Nineteenth Amendment disallowed the states from ever again choosing to
prevent someone from voting simply for being a woman.
overall, weakening the gov't
-What two factors does the textbook point to as reasons for the continued high levels of
federal government spending after World War II? - --First, the world war immediately
morphed into the Cold War (1947-1991), which led both Republicans and Democrats to
support an active federal government role in assuring American military, technological, and
economic supremacy over the Soviet Union
-The second major reason federal spending remained high after World War II has to do
with President Lyndon Blain Johnson's (LBJ's) "Great Society" initiatives in the 1960s.
-What is meant by "cooperative federalism"? Why is it referred to as "marble cake
federalism"? How does it differ from "dual federalism" (AKA layer "layer cake federalism")?
- --Cooperative federalism (1930s-1970s) is a concept of federalism in which national,
state, and local governments interact cooperatively and collectively to solve common
problems
-It's called marble cake because it's a mixture of all the gov't working together
-It's different from dual federalism because different functions of the federal and state
government were separate and clearly demarcated much like the different layers of a layer
cake
What makes a federal system, like that of the United States, different from a confederacy
and unitary national government? - --The federal gov't can enact and enforce laws in
certain areas of public policy
-The state gov't also has reserved powers
-legal powers and boundaries can be altered
-What is judicial review? Why has it been important for the development of federalism
over time? - --review by the US Supreme Court of the constitutional validity of a legislative
act
-Judicial review is important because it allows laws that are inconsistent with the
constitution (that violate the rights and liberties protected by the constitution) to be
revised or expunged without a full act of the legislature
-Where in the Constitution are most of Congress' enumerated powers listed? - --Article 1,
Section 8 includes the listed powers that are vested to Congress, which are referred to as
the Enumerated Powers.
-What is the Necessary and Proper Clause? What are "amendment-enforcing provisions"?
How are they sources of implied powers? - --The Necessary and Proper Clause allows
Congress "To make all Laws which shall be necessary and proper for carrying into
Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the
Government of the United States, or in any Department or Officer thereof." (Article I,
Section 8, Clause 18).
-What are "reserved powers"? - --In comparative federalism and comparative
constitutionalism, reserved powers or residual powers are those powers which are not
"enumerated" (written down, assigned).
-What is meant by "the police power"? (HINT: It is not about police officers.) What does it
have to do with the constitutional law of American federalism? Are there any constitutional
limits on the police power of the state governments? - -police power is the capacity of the
states to regulate behavior and enforce order within their territory for the betterment of
the health, safety, morals, and general welfare of their inhabitants.[1] Under the Tenth
Amendment to the United States Constitution, the powers not delegated to the Federal
Government are reserved to the states or to the people. This implies that the Federal
Government does not possess all possible powers, because most of these are reserved to
the State governments, and others are reserved to the people
-What advantages of forming unions (like the European Union or the U.S. union) are
pointed to by pro-unionists? What disadvantages do anti-unionists (e.g., secessionists)
point to? - --The first and most vital problem with disunion, according to pro-unionists, is
that it makes it more difficult for governments to resolve conflicts peacefully.
, -Disadvantage: if power were to be centralized in the national government, that
government would become highly oppressive.
-Generally speaking, has the power and authority of the national government increased or
decreased over time? - -Yes, The government has had more increased authority since
1789.
-What impact did each of the following have on the development of federalism during the
Progressive Era?:
a. The Supreme Court's doctrine that the regulation of economic production is a power
reserved exclusively to the states.
b. 16th, 17th, 18th, and 19th Amendments - -a. it was unconstitutional for the federal
government to infringe upon the authority of states to decide whether and how to allow
child labor. During this era, the Court also resisted efforts by the federal government to use
its power of taxation in order to remedy various perceived social evils.
b. 16th- That amendment provided Congress with authority to tax income in nearly any
manner it chooses.
17th- the Seventeenth Amendment stripped state governments of their control over who
served in the U.S. Senate.
18th- The Eighteenth Amendment's nationwide ban on "the manufacture, sale, or
transportation of intoxicating liquors" meant that the states were disallowed from using
their police power to regulate alcoholic beverages however they saw fit
19th- the Nineteenth Amendment disallowed the states from ever again choosing to
prevent someone from voting simply for being a woman.
overall, weakening the gov't
-What two factors does the textbook point to as reasons for the continued high levels of
federal government spending after World War II? - --First, the world war immediately
morphed into the Cold War (1947-1991), which led both Republicans and Democrats to
support an active federal government role in assuring American military, technological, and
economic supremacy over the Soviet Union
-The second major reason federal spending remained high after World War II has to do
with President Lyndon Blain Johnson's (LBJ's) "Great Society" initiatives in the 1960s.
-What is meant by "cooperative federalism"? Why is it referred to as "marble cake
federalism"? How does it differ from "dual federalism" (AKA layer "layer cake federalism")?
- --Cooperative federalism (1930s-1970s) is a concept of federalism in which national,
state, and local governments interact cooperatively and collectively to solve common
problems
-It's called marble cake because it's a mixture of all the gov't working together
-It's different from dual federalism because different functions of the federal and state
government were separate and clearly demarcated much like the different layers of a layer
cake
