[GET] Federalism Test Answers
Although the powers of the federal government are limited to those enumerated in the Constitution, those enumerated powers have been interpreted very broadly. And under the supremacy clause of the Constitution, federal law is supreme over state law....
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Most Constitutional protections for individual rights are contained in the Bill of Rights, which constitute the first ten amendments to the Constitution. The protections of these amendments were originally interpreted to apply only against the federal government, but the Supreme Court has since ruled that most of them were made applicable to the states by passage of the Fourteenth Amendment due process clause after the Civil War. The Fourteenth Amendment also contains the equal protection clause, which protects citizens from discrimination by the states on the basis of race, sex and other characteristics. Permanent Protections of a Constitution In a democracy without a written constitution, such as the United Kingdom, the legislature may pass laws granting or taking away any rights, or even changing the structure of the government itself.
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A Constitution is more difficult to alter, and the framers of the American Constitution made it especially difficult to amend. An amendment must first pass both houses of Congress by a two-thirds majority and must then be ratified by the legislatures of three-fourths of the states. In a sense, this makes the Constitution an anti-majoritarian document. By binding the hands of future generations, it prevents a majority from granting tyrannical powers to the government in a time of crises. It also prevents a majority from easily taking away the rights of minorities. And it prevents those in office from holding on to power by increasing their terms in office. A document that is so difficult to amend can become obsolete over time, if it is too detailed and inflexible. For the most part, however, the Constitution is written in terms general or abstract enough to retain a core set of values yet be amenable to changing interpretations as called for by the times.
AP US Government : Federalism
The Structure of the Federal Government 1. The Congress is composed of the House of Representatives, the members of which are elected for two-year terms and represent districts of equal numbers of people, and the Senate which is composed of two senators from each state who serve for six-years terms. Senators were originally chosen by the state legislature, but are now directly elected. The composition of the House and Senate represented a compromise between the larger states, which wanted a legislature based on population and the smaller states, which wanted equal representation for each state. A majority of both houses must pass all bills, and if the President vetoes a bill, a two-thirds majority of both houses is required for the bill to become law. The powers of Congress are listed in Article I, Section 8, and Congress may not exercise any not power listed there.
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But those powers encompass many areas, including taxing and spending, coining and borrowing money, controlling interstate and foreign commerce, maintaining an army and navy, and declaring war. Congress also has broad authority to delegate many of its powers to the President and to administrative agencies. Executive Branch The power of the executive branch is vested in the President. The President is elected for a four-year term, not by direct election but by the electoral college. Under this system, each state has a number of members of the electoral college equal to the number of members of the House and Senate. The candidate who receives the largest number of votes in a state gets all the electoral votes of that state.
Test Answers on federalism
The candidate with a majority of the electoral college becomes the President. If no candidate receives a majority of the electoral votes, the winner is chosen by the House of Representatives. To be eligible to be President one must be thirty-five years old and a natural born citizen of the United States. Under the Twenty-second Amendment, no person may serve as President more than twice. The powers explicitly granted to the President in Article II are quite important, but limited in number. The President is the Commander in Chief of the Army. He also has the power to grant pardons and reprieves and has the power, with the advice and consent of the Senate, to make treaties, and to appoint federal judges, ambassadors, and other public Officers of the United States. The power to conduct foreign affairs has been held to be inherent in the office, but the Supreme Court has been less willing to extend inherent powers in the domestic area.
AP US Government Practice Test: Foundations of Democracy
The President is subject to control by Congress in several ways. Federal judges are appointed for life by the President and must be confirmed by the Senate. All federal courts are, under the Constitution, courts of limited jurisdiction. They cannot hear all kinds of cases, but only those listed as within the judicial power of the United States, as laid out in Article III. The federal courts are also subject to the will of Congress in so far as it can distribute and even limit the jurisdiction of the various federal courts. The federal courts have one power not enjoyed by courts in some other countries. They may declare a statute enacted by Congress to be in violation of the Constitution and therefore invalid. This power of judicial review was established by the Supreme Court in , in the landmark case of Marbury v. If the Supreme Court declares a Congressional Statute unconstitutional, normally the only way to change this result is to use the difficult process of amending the Constitution.
Federalism in the United States
Although the Supreme Court is in one sense the final arbiter of the meaning of the Constitution, this power is not unlimited. The Court cannot enforce its judgments without the cooperation of the executive branch, and is subject, at least in some measure, to control over its jurisdiction by Congress. The Court itself has relinquished the power to interpret certain areas of the Constitution, saying that is committed by the Constitution to other branches of government. For example, the Court has determined that the power to judge the qualifications of members of Congress has been entrusted by the Constitution solely to Congress itself, and has refused to act in such matters.
Legal Aptitude for Law Entrance:- Model Paper 02
The Institutions of Foreign Policy Concepts of Federalism Federalism is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant. While the Constitution addressed only the relationship between the federal government and the states, the American people are under multiple jurisdictions.
How the Constitution’s federalist framework is being tested by COVID-19
A person not only pays his or her federal income tax but also may pay state and city income taxes as well. Property taxes are collected by counties and are used to provide law enforcement, build new schools, and maintain local roads. Throughout the 20th century, the power of the federal government expanded considerably through legislation and court decisions. While much recent political debate has centered on returning power to the states, the relationship between the federal government and the states has been argued over for most of the history of the United States.
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The constitutional framework Although the Constitution sets up a federal system, nowhere does it define what federalism is. However, the framers of the Constitution were determined to create a strong national government and address the shortcomings of the Articles of Confederation, which allowed the states too much power. In terms of the balance of power between the federal government and the states, the Constitution clearly favors the federal government. The powers specifically given to the federal government are not as relevant to the expansion of its authority as the Constitution's more general provisions; that is, Congress is to provide for the general welfare preamble and ".
Federalism and the Separation of Powers
In the Constitution as ratified, there is no similar broad grant of powers to the states. It emphasized what states cannot do Article I, Section 10 and gave them authority in just a few areas — namely, establishing voter qualifications and setting up the mechanics of congressional elections. This reduction in power was corrected through the Tenth Amendment, which reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. The language in the general welfare and elastic clauses and the Tenth Amendment is vague enough to allow widely different interpretations. Because both federal and state governments can turn to the Constitution for support, it is not surprising that different concepts of federalism have emerged.
2021 AP Exam Update
Dual federalism Dual federalism looks at the federal system as a sort of "layer cake," with each layer of government performing the tasks that make the most sense for that level. The initial framing and ratification of the Constitution reflected this theory. Even those people supporting a stronger national government proposed that powers in the federal government be distinct and limited, with certain tasks enumerated for the national government in the Constitution and the remaining tasks left to the state governments. Because this theory leaves each government supreme within its own sphere of operations, it is also sometimes called dual sovereignty. One more-extreme outgrowth of this theory is the idea of states' rights, which holds that, because the national government is not allowed to infringe on spheres left to state government, doing so violates the states' constitutional rights especially the Tenth Amendment, which specifically reserves undelegated powers for the states.
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Federal government action in those spheres represents an unlawful seizure of power by one level of government at the expense of another. This view has historically been popular in the South, where it was viewed as preventing national government interference in the region's race relations, but it has been invoked elsewhere as well. The problem with taking dual federalism this far is figuring out who defines where one layer ends and the next layer starts. Before the Civil War, some voices said that, to protect their rights, states could secede from the Union or declare national laws that affect them null and void — but those arguments are no longer taken seriously.
The Federalist Papers Summary
Instead, the U. Supreme Court resolves disputes within the federal structure, and because the Court is a national institution, it rarely favors the states. Cooperative federalism The theory of cooperative federalism emerged during the New Deal, when the power of the federal government grew in response to the Great Depression.
Federalism CBSE Class 10 Democratic Policies Extra Questions - Learn CBSE
It does not recognize a clear distinction between the functions of the states and Washington, and it emphasizes that there are many areas in which their responsibilities overlap. For example, drug enforcement involves federal agents, state troopers, and local police. The federal government supplies funds for education, but the state and local school boards choose curriculum and set qualifications for teachers. Interestingly, attempts to set national standards for students in certain subjects have raised concerns of federal intrusion. The notion of overlapping jurisdictions is expressed by the term marble-cake federalism. Cooperative federalism takes a very loose view of the elastic clause that allows power to flow through federal government.
The Development of Political Parties
Write a brief note on the language policy adopted in India. No language was given the status of national language by our Constitution. Hindi was identified as the official language. But only about 40 per cent of Indians have Hindi as their mother tongue. Therefore, 21 other languages besides Hindi, are recognised as Scheduled Languages by the Constitution.
Chapter 2: Federalism
A candidate in an examination conducted for the Central Government positions may opt to take the examination in any of these languages. States too have their own official languages. Much of the government work takes place in the official language of the concerned State. The flexibility shown by Indian political leaders helped our country avoid any conflict based on languages. Question-4 Write a brief note on village councils. Solution: Village Councils looked after the affairs of the village, had police and judicial powers and were the lines of contact with higher authorities on matters affecting the villages.
Federalism CBSE Class 10 Democratic Policies Extra Questions
Custom and religion elevated them to a sacred position of authority. These Councils were the pivot of administration, the centre of social life, and, above all, a focus of social solidarity. Question-5 What are the dual objectives of Federalism? Solution: The dual objectives of Federalism are to safeguard and promote unity of the country and to accommodate regional diversity. Question-6 What are the duties of a Central and State governments? Solution: The duties of the Union or Central Government include subjects of national importance such as defence of the country, foreign affairs, banking, communications and currency. This is because, a uniform policy on these matters will be maintained throughout the country.
Week 04 GOV A: Federalism Quiz: Fall - Government
All the laws pertaining to the above duties must be given only by the Union Government. The duties of the State Governments include subjects of the State and local importance such as police, trade, commerce, agriculture and irrigation. All the laws pertaining to the above duties must be given only by the State Governments. Some aspects have to be taken care of, by both, the Union Government as well as the State Governments.
Constitutional interpretations of federalism (article) | Khan Academy
They are education, forest, trade unions, marriage, adoption and succession. Both governments can make laws on these subjects. If their laws conflict with each other, the law made by the Union Government will prevail. Question-7 What is the special status the state of Jammu and Kashmir enjoys? Solution: Jammu and Kashmir enjoys a special status. It has its own Constitution.
Chapter – 2 Federalism MCQ Test – 1 | Civics Class – 10th
Many provisions of the Indian Constitution are not applicable to this State without the approval of the State Assembly. Indians who are not permanent residents of this State cannot buy land or house here. Similar special provisions exist for some other States of India as well. How many times was the constitution of Belgium amended between and ?
AP US Government Practice Test: Foundations of Democracy | High School Test Prep
Supplemental Reading: AZ Constitution, Article VIII Chapter Summary The relationships among the federal, state, and local governments often confuse people, yet federalism is at the heart of critical battles over the nature and scope of public policy in the United States. Neighborhood schools are run by locally elected school boards but also receive state and national funds, and with those funds come state and national rules and regulations. Understanding the scope and nature of local, state, and national governments is thus critical to learning about the development of public policy in the United States.
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power
Defining Federalism We generally speak of three forms of governmental structures—federalism, unitary government, and confederation. Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. Chapter 3 explores the complex relationships between different levels of government in the United States. It describes the ways that the federal system has changed over two centuries of American government and why American federalism is at the center of important battles over policy.
Chapter 3 Federalism Testc
Federalism is not the typical way by which nations organize their governments; there are only 11 countries with federal systems. Figure 3. Most governments in the world today are unitary governments, in which all power resides in the central government. Although American government operates under a federal system at the national level, the states are unitary governments with respect to their local governments. In a confederation, the national government is weak and most or all of the power is in the hands of its components such as states.
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The United States was organized as a confederacy after the American Revolution, with the Articles of Confederation as the governing document. Confederations are rare today except in international organizations. The concept of intergovernmental relations refers to the entire set of interactions among national, state, and local governments in a federal system. The American federal system decentralizes our politics. For example, senators are elected as representatives of individual states and not of the nation.
Federalism – News, Research and Analysis – The Conversation – page 1
Moreover, with more layers of government, more opportunities exist for political participation; there are more points of access in government and more opportunities for interests to be heard and to have their demands for public policies satisfied. The federal system not only decentralizes our politics, it also decentralizes our policies. The history of the federal system demonstrates the tensions that exist between the states and the national government about who controls policy and what it should be. Because of the overlapping powers of the two levels of government, most of our public policy debates are also debates about federalism. The American states have always been policy innovators. Most policies that the national government has adopted had their beginnings in the states. The Constitutional Basis of Federalism The Constitution does not refer directly to federalism, and little was said about it at the Constitutional Convention.
How the Constitution’s federalist framework is being tested by COVID
However, the framers carefully defined the powers of state and national governments. The framers also dealt with a question that still evokes debate: Which level of government should prevail in a dispute between the states and the national government? Advocates of strong national powers generally emphasize the supremacy clause. However, the national government can only operate within its appropriate sphere and cannot usurp powers of the states. In United States v. In , the Court appeared to backtrack on this ruling in favor of national government supremacy National League of Cities v. Usery , and then still later overturned the decision Garcia v. San Antonio Metro, Federal courts can order states to obey the Constitution or federal laws and treaties. Four key events have played a major role leading to the growth of federal powers relative to the states: the elaboration of the doctrine of implied powers, the definition of the commerce clause, the Civil War, and the long struggle for racial equality.
Module 3: Federalism | State and Federal Constitution
In McCulloch v. Maryland , the Supreme Court ruled that Congress has certain implied powers and that national policies take precedence over state policies. National powers expanded after the Supreme Court defined commerce very broadly, encompassing virtually every form of commercial activity Gibbons v. Ogden, The Supreme Court prohibited much federal regulation of business and the economy in the late nineteenth and early twentieth centuries, but had swung back to allowing broader federal powers by The Civil War was a struggle over slavery, but it was also and perhaps more importantly a struggle between states and the national government. In Brown v. Board of Education , the Supreme Court held that school segregation was unconstitutional.
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