Woll check for FEDERALIST 16, 17, 39, 44, 45 & ANTI-FEDERALIST 17 – BRYCE: THE MERITS OF THE FEDERAL SYSTEM – WOLL: MCCULLOCH V. MARYLAND – GRODZINS: THE FEDERAL SYSTEM
PRINT OUT, CIRCLE THE CORRECT ANSWER AND BRING THE COMPLETED ASSIGNMENT TO CLASS ON THE ASSIGNED DUE DATE.
1. In Federalist 16 and 17, Alexander Hamilton argues that:
a) the new national government will be a danger to the collective power of the states.
b) it is illusory to worry that the national government will subvert state power.
c) the Confederation was an adequate government in its time but now it must be replaced.
d) the states will retain their sovereignty under the new Constitution.
a) it is necessary to keep the states in line.
b) the national defense requires it.
c) only in this way can the common concerns of the nation be regulated.
d) state legislatures are unrepresentative of the people.
3. The Anti-Federalists worried that the new Constitution would:
a) enhance state power to the detriment of the national government.
b) undermine state sovereignty.
c) establish a weak national government.
d) create strong political parties.
4. The Anti-Federalists felt that excessive national power would be the result of the:
a) supremacy clause of the Constitution.
b) Congressional powers to tax and spend.
c) power of Congress to raise and support armies.
d) all of the above
5. The necessary and proper clause:
a) expands congressional power.
b) requires the Supreme Court to adopt a strict constructionist view of Article I powers.
c) supports presidential prerogative powers.
d) limits congressional power.
6. In Federalist
a) the Constitution should clearly define all congressional powers.
b) Congress should exercise only expressly enumerated powers.
c) the necessary and proper clause is essential to allow implied congressional powers.
d) the Constitution should enumerate what congressional powers are not necessary and proper for the execution of its enumerated powers.
7. In Federalist 39, James Madison argues that the new Constitution:
a) eliminates state sovereignty.
b) is both national and federal.
c) is primarily national.
d) retains the major features of the Confederation.
8. In Federalist 39, James Madison:
a) argued that the states should be able to filter national actions.
b) favored the ability of the national government to act directly upon the states on national concerns.
c) argued for a weak national government.
d) pointed out that because the president was directly elected, national power would be exercised in a democratically responsible manner.
9. Which of the following statements did James Madison not make in Federalist 39?
a) An important national characteristic of the Constitution is the direct election of the House of Representatives by the people.
b) The electoral constituency of the Senate represents an important federal characteristic of the Constitution.
c) The new Constitution carefully balances federal and national characteristics.
d) The amendment process is wholly national in character.
10. James Madison in Federalist 45 stated that:
a) state governments cannot act without the support of the national government.
b) the state governments may be regarded as constituent and essential parts of the federal government.
c) the federal government will have the advantage over state governments.
d) state legislatures are not essential to the election of the president.
11. Bryce writes that federalism allows states and localities:
a) to experiment and fail without threatening the nation.
b) to control the dispensation of all monies involved in governing.
c) to join together and dominate the national government.
d) to prosper without worrying about a higher authority.
12. According to Bryce, federalism:
a) protects local authority.
b) protects individual freedoms.
c) unburdens the national government.
d) all of the above
13. Bryce argues that expansion:
a) was hindered by the absence of a strong central power.
b) benefited from federalism's flexibility.
c) was a violent and lawless endeavor.
d) ended with the closing of the frontier.
a) Congress cannot exceed its enumerated powers.
b) powers can be implied from the specifically enumerated powers of Article 1.
c) the national government is supreme over the states in cases of conflict of laws.
d) b and c
15. Chief Justice John Marshall
proclaimed in McCulloch v.
a) the power of taxation is vital to the states and may be exercised by both state and national governments.
b) when Congress has acted under the authority of the Constitution, states cannot pass conflicting laws.
c) the Constitution and the laws made in pursuance thereof are supreme, and they control the laws of the respective states, and cannot be controlled by them.
d) all of the above
16. Which of the
following statements did John Marshall not make in McCulloch v.
a) The Constitution and the laws made in pursuance thereof are supreme, and they control the Constitution and laws of the respective states.
b) The Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.
c) Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional.
d) Article 1 explicitly grants Congress the authority to incorporate a national bank; therefore congressional establishment of the national bank is constitutional.
17. Morton Grodzins argues that federalism is symbolized by:
a) a three-layer cake.
b) a marble cake.
c) a cake without layers.
d) chocolate-chip cookies.
18. Morton Grodzins suggests that under federalism:
a) national governmental functions are unique.
b) governmental functions are shared.
c) rarely are governmental functions shared.
d) there is federal domination in most areas.
19. Federalism is characterized by:
a) federal-state-local collaboration.
b) lack of national supervision of federal grant programs.
c) lack of cooperation between federal and state governments.
d) federal domination in most areas.
20. Cooperation between the many governments in the American federal system:
a) has rarely existed.
b) characterized the twentieth but not the nineteenth century.
c) has always existed.
d) characterizes grant and aid programs but not other activities.
Answer the following in short answer essay form.
1. Bryce's opinion about the states' ability to experiment without danger t o the whole foreshadows Louis Brandeis' characterization of the states as "laboratories of democracy." Is this still a significant part of federalism in the late twenty-first century? Given the expansion in federal responsibilities and the growth of regulations and federal agencies, are states and localities still important players in the American governing scheme?
Once granted that Congress has the power to incorporate a bank, why did Chief
Justice Marshall find that the state of
3. Although the nineteenth century is characterized as an era of "dual federalism," in which federal and state functions were fairly clearly separated, Grodzins feels that this is a misnomer. Why?
4. Describe Grodzins’ "marble cake" description of American federalism.