twentieth constitution

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American Government 100
Patterson, pgs. 80-99
Woll, pgs. 74-78, A:AG5-15
Part I
Dual Federalism & Laissez-Faire Capitalism (1865-1937)
True or False Questions
1. With the passage of the Fourteenth Amendment, at least for the first couple of decades, the
Supreme Court came to the defense of blacks who were being abused by "Jim Crow" laws and
racist structures. True or False
2. After the Civil War, the Supreme Court embraced a laissez faire philosophy giving nearly free
rein to business with its decisions. 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. President Herbert Hoover used every governmental tool to fight the Great Depression, yet
economic recovery failed to materialize. True or False
6. The Constitution does not give Congress or the President the power to determine the number of
Supreme Court justices; that is decided at nine by the Constitution. True or False
7. In upholding the 1935 National Labor Relations Act, the Supreme Court endorsed Congress’s
more expansive power over commerce, arguing that this power was as broad as the needs of the
nation require. True or False
8. According to Patterson, the relation of the national government to the states is still accurately
described by dual federalism. True or False
9. 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
10. 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
11. In spite of what conservative critics may believe, the Constitution does grant Congress the
power to regulate social welfare. True or False
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12. Modern systems of transportation, commerce and communication have required the federal
government to assume a much larger policy role. True or False
13. State and local governments combined raise twice as much tax revenues as the federal
government. True or False
14. The Constitution along with federal laws, prevent states from competing with one another by
requiring that corporate, business and personal taxes remain uniform throughout the union. True or
False
15. 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
16. 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
17. Categorical grants that are provided by the federal government are much more restrictive than
block grants. True or False
18. Members of Congress have typically preferred block grants because it gives them more
control over how the money is spent. True or False
19. Devolution rests on the belief, held more strongly by Republicans than Democrats, that the
federal authority has extended too far into areas traditionally governed through state and local
governments. True or False
20. After the 1960s, Republicans criticized the costs of social welfare for the poor, which meshes
with the party’s ideology of lower taxes and local control. True or False
21. 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
22. In United States v. Lopez (1995), the Supreme Court agreed with a congressional law that
banned hand guns a thousand feet from public schools. True or False
23. 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
24. A 1936 Gallup poll indicated that a sizeable majority of Americans supported Roosevelt's social
security program. True or False
25. The second great wave of federal social programs headed by Lyndon Johnson were rejected by
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the majority of the American people. True or False
26. The Republican takeover of the Congress in 1994 was in large part a result of Americans
believing that the federal government was becoming too large and too intrusive. 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. The doctrine which holds that business should be allowed to act without interference: a) laissezfaire capitalism, b) democratic centralism, c) comparative advantage, d) economic protectionism.
7. 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.
8. 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.
9. 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. its wide diversity of interests would prevent a dominant group from taking control and
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using government’s power to suppress weaker groups. d. historically, small republics degenerate
into autocracy because of the influence of factions.
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. In 1954, the Supreme Court held that states could not force black children to attend public
schools separate from those of white children. a) Tucker v. Pryor, b) Collins v. Abrams Unified
School District, c) Brown v. Board of Education, d) O'Neal v. Alabama Public Schools.
16. 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.
17. 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.
18. What is meant by fiscal federalism? a) the expenditure of state and local taxes by the federal
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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.
19. 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.
20. 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.
21. The federal government specifies the general area in which the funds must be used, but state
and local officials select the specific projects: a) categorical grant, b) block grant, c) sustainable
grant, d) mandated grant.
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.
25. 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.
26. Sometimes referred to as the sovereign immunity amendment, the following protects a state
from being sued in federal court by a private citizen, unless the state agrees to the suit: a) Tenth
Amendment, b) Eleventh Amendment, c) Twelfth Amendment, d) Thirteenth Amendment.
26. 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.
27. 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
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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. What were the consequences of the Supreme Court’s sanctioning the infamous “separate but
equal” doctrine in 1896?
a) Black children were forced into separate public ________ that seldom had __________
and usually had few teachers.
b) Public __________ for blacks had few ________ and nurses and almost no ________
supplies and equipment.
c) The ruling had become a justification for the separate and _______ treatment of black
Americans.
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) could be regulated through the _________ _______.
4. According to Patterson, what are the three major reasons why the federal government’s policy
role has expanded greatly since the early twentieth century?
a) The _____________ of American society,
b) Americans expect ___________ help.
c) The federal government’s superior _______ capacity.
5. Passed by Congress in 2010, the Patient Protection and Affordable Care Act:
a) requires Americans to have _______ __________ or pay a federal tax penalty;
b) requires _________ firms of a certain _____ to provide their employees with health
insurance or pay a penalty; and
c) requires __________ companies to provide insurance to individuals with ___________
medical conditions.
McCulloch v Maryland (1819)
Woll, pgs. 74-78
1. What were the two doctrines articulated by John Marshall in McCulloch v Maryland?
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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. 81-103
True or False Questions
1. False
3. True
5. False
7. True
9. True
11. False
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13. False
15. True
17. True
19. True
21. False
23. False
25. False
Multiple-Choice Questions
1. c
3. d
5. b
7. d
9. c
11. b
13. c
15. c
17. c
19. b
21. b
23. c
25. b
27. b
Fill-In Questions
1. a) life, due process, b) equal protection, c) privileges, immunities
3. a) organize, bargain, b) economy, c) commerce clause
5. a) health insurance, b) business, size, c) insurance, preexisting
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:AG5-15
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