American Government - POLS 1101 Exam 2
Study Guide – 141 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 U.S. Constitution gives power over individual
citizens to the central government, and also shares it's power with state's government.
-What is judicial review? Why has it been important for the development of federalism
over time? - -Authority of courts to decide whether an act of government is constitutional
or unconstitutional.
Has helped determine rules pertaining to federalism when the text of the Constitution is
either vague or silent on questions about the scope and limits of federal and state
government legal authority.
-How does the Article VI Supremacy Clause and Tenth Amendment help to define
American federalism. - -They define who has the power under supreme law of the land
-Where in the Constitution are most of Congress' enumerated powers listed? - -Article 1,
Section 8 of the Constitution
-What is the necessary and proper clause? - -Clause in the U.S. Constitution that provides
Congress with the power to fulfill it's legal powers.
-What are "amendment-enforcing provisions"? - -Provisions of 6 constitutional
amendments (13,14,15,19,23, 26) that grant Congress authority to enforce the rights
guaranteed by the amendments.
-What are "reserved powers"? - -Areas of public policy over which only state governments
have authority
-What is meant by "the police power"? - -Authority of government to regulate for the
health, safety, welfare, and/or morals of the people.
-What does "police power" have to do with the constitutional law of American federalism?
- -States have inherent "Police Power" whereas Federal Government only has the authority
delegated to it by the U.S. Constitution.
-Are there any constitutional limits on the police power of the state governments? - -As
long as the State Government does not break any laws or encroach on anyone's civil rights,
there is no limit on police power.
-What advantages of forming unions (like the European Union or the U.S. union) are
pointed to by pro-unionists? - -advantages of peace, economic efficiency and prosperity,
free-movement, and cooperation
, -What disadvantages do anti-unionists (e.g., secessionists) point to? - -loss of autonomy
and self-determination that comes from membership
-What are the five kinds of arguments made in favor of greater national government
power? - -1. Preserving the Union
2. Creating Uniformity
3. Providing National Public Goods
4. Protecting Minority Rights
5. Preventing "Races to the Bottom"
-What are the four kinds of arguments made in favor of less national government power. -
-1. Protecting Liberty
2. Accommodating Diverse Values and Interests
3. Policy Experimentation ("Laboratories of Democracy")
4. Fostering Democratic Citizenship
-Generally speaking, has the power and authority of the national government increased or
decreased over time? - -Increased
-*What impact did the Supreme Court's doctrine that the regulation of economic
production is a power reserved exclusively to the states have on the development of
federalism during the Progressive Era? - -The Supreme Court prevented the Federal
Government from intervening and regulating interstate commerce.
-*What impact did 16th, 17th, 18th, and 19th Amendments have on the development of
federalism during the Progressive Era? - -Gave more power to the Central Government and
took away power from the State Government
-16th Amendment - -Amendment to the United States Constitution (1913) gave Congress
the power to tax income.
-17th Amendment - -Established the direct election of senators (instead of being chosen
by state legislatures)
-18th Amendment - -Prohibited the manufacture, sale, and distribution of alcoholic
beverages
-19th Amendment - -Gave women the right to vote
-What is the "substantial effects doctrine"? - -The federal government may regulate any
economic activity that has a substantial effect on interstate commerce.
-*How did "the substantial effects doctrine" replace the older way of interpreting the
commerce clause? Why does this matter for the federal government's authority to regulate
Study Guide – 141 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 U.S. Constitution gives power over individual
citizens to the central government, and also shares it's power with state's government.
-What is judicial review? Why has it been important for the development of federalism
over time? - -Authority of courts to decide whether an act of government is constitutional
or unconstitutional.
Has helped determine rules pertaining to federalism when the text of the Constitution is
either vague or silent on questions about the scope and limits of federal and state
government legal authority.
-How does the Article VI Supremacy Clause and Tenth Amendment help to define
American federalism. - -They define who has the power under supreme law of the land
-Where in the Constitution are most of Congress' enumerated powers listed? - -Article 1,
Section 8 of the Constitution
-What is the necessary and proper clause? - -Clause in the U.S. Constitution that provides
Congress with the power to fulfill it's legal powers.
-What are "amendment-enforcing provisions"? - -Provisions of 6 constitutional
amendments (13,14,15,19,23, 26) that grant Congress authority to enforce the rights
guaranteed by the amendments.
-What are "reserved powers"? - -Areas of public policy over which only state governments
have authority
-What is meant by "the police power"? - -Authority of government to regulate for the
health, safety, welfare, and/or morals of the people.
-What does "police power" have to do with the constitutional law of American federalism?
- -States have inherent "Police Power" whereas Federal Government only has the authority
delegated to it by the U.S. Constitution.
-Are there any constitutional limits on the police power of the state governments? - -As
long as the State Government does not break any laws or encroach on anyone's civil rights,
there is no limit on police power.
-What advantages of forming unions (like the European Union or the U.S. union) are
pointed to by pro-unionists? - -advantages of peace, economic efficiency and prosperity,
free-movement, and cooperation
, -What disadvantages do anti-unionists (e.g., secessionists) point to? - -loss of autonomy
and self-determination that comes from membership
-What are the five kinds of arguments made in favor of greater national government
power? - -1. Preserving the Union
2. Creating Uniformity
3. Providing National Public Goods
4. Protecting Minority Rights
5. Preventing "Races to the Bottom"
-What are the four kinds of arguments made in favor of less national government power. -
-1. Protecting Liberty
2. Accommodating Diverse Values and Interests
3. Policy Experimentation ("Laboratories of Democracy")
4. Fostering Democratic Citizenship
-Generally speaking, has the power and authority of the national government increased or
decreased over time? - -Increased
-*What impact did the Supreme Court's doctrine that the regulation of economic
production is a power reserved exclusively to the states have on the development of
federalism during the Progressive Era? - -The Supreme Court prevented the Federal
Government from intervening and regulating interstate commerce.
-*What impact did 16th, 17th, 18th, and 19th Amendments have on the development of
federalism during the Progressive Era? - -Gave more power to the Central Government and
took away power from the State Government
-16th Amendment - -Amendment to the United States Constitution (1913) gave Congress
the power to tax income.
-17th Amendment - -Established the direct election of senators (instead of being chosen
by state legislatures)
-18th Amendment - -Prohibited the manufacture, sale, and distribution of alcoholic
beverages
-19th Amendment - -Gave women the right to vote
-What is the "substantial effects doctrine"? - -The federal government may regulate any
economic activity that has a substantial effect on interstate commerce.
-*How did "the substantial effects doctrine" replace the older way of interpreting the
commerce clause? Why does this matter for the federal government's authority to regulate