Foundational Documents/SCOTUS Cases
The following are weaknesses of which foundational document?
Congress could not tax states directly
Congress was a unicameral body
Congress could not regulate interstate commerce
The Articles of Confederation
Explain the difference between a direct democracy and a representative democracy.
In a direct democracy, citizens vote directly on policy. In a representative democracy, citizens choose representatives to vote on their behalf.
Identify 3 of the enumerated powers in Article I Section 8 of the Constitution.
Answers may vary. Power to tax and spend on behalf of the US gov't. Declare war/raise and support military. Regulate interstate commerce
Define Federalism
The division of power between National and State governments
A type of grant-in-aid provided by the government that allows for state discretion on how to spend the funds is a...
Block grant
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"
In which foundational document does this quote appear?
The Declaration of Independence
We should remember that the Declaration of Independence is not merely a historical document. It is an explicit recognition that our rights derive not from the King of England, not from the judiciary, not from government at all, but from God. —Mark Levin
The quote above best represents which ideal of democracy?
Natural Rights
Explain how the doctrine of Separation of Powers is designed to protect the people from autocracy.
Power is divided between 3 branches of government so that no one part of the government becomes too powerful. Preventing the concentration of power in one entity can help avoid the possibility of tyranny.
Imagine that Congress has passed and the president has signed a law banning political speech in high schools.
What principle(s) would be the most likely to protect Americans from this law?
Tenth Amendment (reserved to the states)
Federalism
When the federal government returns more authority to state and local levels it is called...
Devolution
How did the decision in the SCOTUS case of U.S. v. Lopez limit the power of the federal government?
The decision said that Congress exceeded its authority when creating the Gun-Free School Zones Act of 1990. It was found that since this act did not relate to or have a substantial effect on interstate commerce it was an unconstitutional use of the commerce clause
Those who believe that a small minority with significant economic power holds a disproportionate amount of influence in policymaking are believers in which model of democracy?
Elite or Elitist Democracy
Provide one example of how the powers of one branch of government has the ability to 'check' the power of another.
Answers will vary. Congress approves all presidential appointments. President can veto Congressional legislation. SCOTUS can strike down laws as unconstitutional. Congress can impeach the president or SCOTUS justices.
How does the debate over legalization of marijuana reflect tension between state and federal governments?
Marijuana is a federally illegal substance, however many states have legalized its use for both medical and recreational purposes. Technically, federal laws supersede the powers of the states, but as police power is a reserved power, it would be difficult to enforce a federal law banning the substance.
Why might a state be more likely to consider a block grant to be a better option for funding than a categorical grant?
Categorical grants usually have conditions that need to be met when using the funds. A block grant gives more discretion to the states about how to use the funds.
Which TWO Constitutional principles were used to expand federal power in the SCOTUS case of McCulloch v. Maryland?
Necessary and Proper Clause and the Supremacy Clause
What are the 4 ideals of democracy?
Social Contract
Republicanism
Popular Sovereignty
Natural Rights
The Supreme Court has the power of 'judicial review'. What is that and why is it significant?
The power of judicial review allows the Supreme Court to determine if a law or action is constitutional or unconstitutional. It is important because it allows the judicial branch to check the powers of the other branches
Identify one provision in the Constitution that has been used to expand the power of the federal government.
Necessary and Proper/Elastic Clause; Supremacy Clause; Commerce Clause
Answers may vary. Can be a specific example like: The federal government might withdraw or refuse funding to states who do not lower the speed limit to 55MPH. Or possibly, generic: The federal government might force state governments into compliance by threatening to withhold funds.
Describe the Amendment Process. (Must include the full process for points!)
Agreed on by 2/3 of BOTH houses of Congress (67 + 290) OR by application of 2/3 of all state legislatures (34) for a convention;
AND
Ratification by 3/4 of all of the states (38)
Which model of democracy emphasizes the role of interest groups in advocating for public policy?
Pluralism or Pluralist Democracy
The United States was founded on principles of limited government. Explain what that means.
Limited government means that the government cannot exercise unlimited power. Principles such as separation of powers, checks and balances, and the 10th Amendment place limits on the powers of government.
Explain the difference between dual federalism and cooperative federalism.
Explain why the Americans with Disabilities Act of 1990 is considered an unfunded mandate?
Explain = build a bridge
The ADA mandated that states meet certain accessibility requirements in public spaces, but the federal government did not provide the funding for the states to carry this out.