Constitutional Interpretations of Federalism - AP US Government and Politics

1. What is new federalism?

   A political philosophy aimed at returning powers to the states. Promoted by Reagan, it sought to reduce federal mandates.

2. Identify the clause that prevents states from discriminating against citizens of other states.

   Privileges and Immunities Clause. Found in Article IV, it ensures interstate equality of treatment.

3. What is meant by 'implied powers'?

   Powers not explicitly stated but necessary to implement enumerated powers. These derive from the Necessary and Proper Clause interpretation.

4. What does the Elastic Clause allow Congress to do?

   Pass all laws necessary and proper for carrying out its enumerated powers. This flexible clause has greatly expanded federal authority over time.

5. What is meant by 'enumerated powers'?

   Powers explicitly granted to Congress by the Constitution. These are specifically listed in Article I, Section 8.

6. Which Supreme Court case established judicial review?

   Marbury v. Madison. This 1803 case gave courts power to declare laws unconstitutional.

7. What is the Necessary and Proper Clause?

   It grants Congress the power to pass all laws necessary and proper for executing its duties. Also called the Elastic Clause, it expands congressional authority.

8. Identify the amendment that reserves powers to the states.

   The 10th Amendment. It protects state sovereignty by limiting federal government scope.

9. What is cooperative federalism?

   A system where state and national governments collaborate on policy issues. Also called marble cake federalism due to intermingled responsibilities.

10. Identify the case that established the concept of implied powers.

    McCulloch v. Maryland. This 1819 ruling affirmed federal supremacy and implied powers.

11. Which case limited Congress's power under the Commerce Clause in 1995?

    United States v. Lopez. Court ruled gun-free school zones exceeded commerce power.

12. Identify the clause that allows Congress to regulate interstate commerce.

    The Commerce Clause. Article I, Section 8 grants this broad economic power.

13. Which case held that Congress could regulate interstate commerce?

    Gibbons v. Ogden. This 1824 decision defined commerce broadly to include navigation.

14. What is fiscal federalism?

    The financial relations between units of governments in a federal system. It involves federal grants, mandates, and revenue sharing.

15. What is the Privileges and Immunities Clause?

    It prevents states from discriminating against citizens of other states. Found in Article IV, it ensures interstate equality of treatment.

16. What is devolution in the context of federalism?

    The transfer of powers from national to state level. This process aims to increase state autonomy and responsibility.

17. What is the significance of the 17th Amendment?

    It established the direct election of U.S. Senators. Ratified in 1913, it made senators directly accountable to voters.

18. What does the Extradition Clause require?

    States must return criminals to states where they were convicted or are to stand trial. Also called rendition, it's required by Article IV.

19. What is dual federalism?

    A system where state and national governments remain supreme within their own spheres. Also called layer cake federalism, it minimizes overlap.

20. What is federalism?

    Federalism is the division of power between national and state governments. This creates a system where both levels share authority over citizens.

21. What is the Full Faith and Credit Clause?

    It requires states to recognize public acts, records, and judicial proceedings of other states. Article IV ensures legal consistency across state boundaries.

22. Which case established the principle of national supremacy?

    McCulloch v. Maryland. This 1819 case affirmed federal law supremacy over states.

23. Which amendment guarantees equal protection under the law?

    The 14th Amendment. Ratified in 1868, it also includes due process protections.

24. Which concept describes the federal and state governments' shared powers?

    Concurrent powers. Examples include taxation, law enforcement, and building roads.

25. Which case expanded federal power under the Commerce Clause in 1824?

    Gibbons v. Ogden. This ruling strengthened federal authority over interstate trade.

26. What is the purpose of the Extradition Clause?

    To ensure states return fugitives to the state where they committed a crime. Article IV requires interstate cooperation in criminal justice.

27. What is the Commerce Clause?

    It gives Congress the power to regulate commerce with foreign nations and among states. Found in Article I, Section 8, it's a key federal power.

28. Which case addressed the balance of power between state and federal authorities in 1819?

    McCulloch v. Maryland. This landmark case established federal supremacy over states.

29. Identify the constitutional basis for Congress's power to tax.

    The Taxing and Spending Clause. Article I, Section 8 grants Congress broad fiscal authority.

30. Which clause establishes the Constitution as the supreme law?

    The Supremacy Clause. Article VI establishes federal law takes precedence over state law.

31. What is the main principle of the 10th Amendment?

    Powers not delegated to the U.S. are reserved to the states or the people. It reinforces the concept of limited federal government.

32. Which case ruled that Congress has the power to tax and spend for the general welfare?

    United States v. Butler. This 1936 decision expanded federal spending power significantly.

33. Identify the term for powers shared by both federal and state governments.

    Concurrent powers. Examples include taxation, law enforcement, and building roads.

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