ss.8.CG.3.4 and ss.8.CG.3.13 Federalism (Assessment #s)

Which constitutional provision forbids conflict between state and federal laws?

• Necessary and Proper 

  Clause

• Supremacy Clause 

• habeas corpus 

• ex post facto 

Answer explanation

Article VI of the U.S. Constitution includes the Supremacy Clause, which states that should a federal law conflict with state law, the federal law will be put in place, and not the state law.

A is Incorrect- The Necessary and Proper/Elastic Clause is a power of Congress that allows the Congress to do what it needs to fulfill its powers.

C is Incorrect- Habeas corpus is the constitutional guarantee that the government may not hold a citizen indefinitely without showing cause.

D is Incorrect- Individuals are protected from ex post facto laws, which make an act a crime after that act has been committed.

Which is delegated only to the national government?

• conducting elections 

• establishing courts 

• coining money 

• taxing citizens 

Answer explanation

This is an enumerated power delegated to the national government in Article I, Section 8 of the U.S. Constitution.

A is Incorrect- Conducting elections is a power reserved to the states.

B is Incorrect- Establishing courts is a concurrent power. The U.S. Congress establishes federal courts that are inferior to the U.S. Supreme Court, and states establish their own court systems.

D is Incorrect- This is a concurrent power because the national, state, and local levels of government may each collect taxes.

Which is an example of an enumerated power?

• the power to hold elections 

• the power to establish local governments

• the power to regulate 

  interstate commerce

• the power to set requirements for teaching licenses

Answer explanation

The ability to regulate trade between states and nations is a power that is enumerated in Article I Section 8 of the U.S. Constitution and belongs to the national government.

A is Incorrect- This is an example of a power reserved to states as outlined in Article I Section 4 of the U.S. Constitution.

B is Incorrect- This is an example of a reserved power given to the states by the 10th Amendment of the U.S. Constitution.

D Incorrect- This is an example of a reserved power given to the states by the 10th Amendment of the U.S. Constitution.

Which option best illustrates the concept of federalism as established by the U.S. Constitution?

• Enumerated powers 

  describe the authority 

  granted to the national legislature.

• Concurrent powers are shared by the national and state governments.

• Governing powers are divided between branches of government.

• Judicial powers are used to ensure fair trials.

Answer explanation

The Constitution defines the division of powers between the national and state 

governments. Concurrent powers are powers shared between the national and state 

governments.

A is Incorrect- While this is a clear example of constitutional powers and associated limitations, it is not necessarily the best example of federalism as it addresses only the national or federal government.

C is Incorrect- While this is an effort to limit the possibility of abuse of power, it reflects separation of powers rather than federalism, which concerns levels rather than branches of government.

D is Incorrect- While this is a significant limit on government power, it reflects due process rather than federalism.

This excerpt is from Article IV of the U.S. Constitution. 

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. 

What principle is reflected in this excerpt?

• federalism 

• due process of law 

• checks and balances 

• separation of powers 

Answer explanation

Article IV of the U.S. Constitution describes the relationship between the states and the national government, as well as between the states themselves.

B is Incorrect- Article IV of the U.S. Constitution deals with federalism and the relationship between states and the national government. Due process pertains to the rights of the accused.

C is Incorrect- Article IV of the U.S. Constitution deals with federalism and the relationship between states and the national government. Checks and balances pertains to the relationship between branches at one level of government.

D is Incorrect- Article IV of the U.S. Constitution deals with federalism and the relationship between states and the national government. Separation of powers pertains to branches at one level of government.

Which is an example of a 10th Amendment issue?

• state governments oversee public schools

• national governments make treaties

• national governments 

  declare war

• state governments coin money

Answer explanation

The reserved powers guaranteed to the states in the 10th Amendment include the power of state governments to oversee public schools.

B is Incorrect- The power to make treaties is a power given to the president in Article II of the U.S. Constitution.

C is Incorrect- The power to declare war is a power delegated to Congress in Article I of the U.S. Constitution.

D is Incorrect- The power to coin money is a power delegated to Congress in Article I of the U.S. Constitution.

Requiring children to provide a home address before entering school is an example of which power?

• concurrent 

• delegated

• implied 

• reserved 

Answer explanation

Reserved powers are those held by the states, granted by the 10th Amendment. Requiring children to provide their home address before entering school is a power held at the state level only.

A is Incorrect- Requiring children to provide a home address before entering school is a power held at the state level only. Concurrent powers are those powers held by both the state and the national 

government.

B is Incorrect- Delegated powers are those powers held by the national government. Requiring children to provide a home address before entering school is a power held at the state level only.

C is Incorrect- Implied powers are those powers held by Congress that Congress considers to be necessary and proper for carrying out its enumerated powers. Requiring children to provide a home address before entering school is a power held at the state level only.

Which describes concurrent powers?

• The national government sets standards state 

  governments must follow.

• The national government shares powers with the state governments.

• The national government has supremacy over state governments.

• The national government follows the lead of state governments.

Answer explanation

Concurrent powers are those powers that are held by both the national and the state governments, such as the power to tax.

A is Incorrect- Concurrent powers are those powers that are shared between the national and the state governments. Setting standards for state governments does not describe shared powers.

C is Incorrect- Concurrent powers are those powers that are shared between the national and the state governments. Setting standards for state governments does not describe shared powers; rather, what is described here is federal supremacy-the idea that when a federal and state law are not in agreement, the federal law is “supreme”, or followed.

D is Incorrect- Concurrent powers are those powers that are shared between the national and the state government.

Which statement describes a similarity between the state and federal

governments under the U.S. Constitution?

• Both levels of government allow for the election of judges.

• Both levels of government allow for the collection of taxes.

• Both levels of government have the power to ratify treaties.

• Both levels of government have the power to appoint ambassadors.

Answer explanation

Article I of the U.S. Constitution enumerates the power to tax which is delegated to Congress. The 10th Amendment also reserves the power to collect taxes to the states. Therefore, the power to collect taxes is a concurrent power.

A is Incorrect- The power to appoint federal judges for life is delegated to the president and U.S. Senate in Article II of the U.S. Constitution

C is Incorrect- The power to make and ratify treaties is delegated to the president and the U.S. Senate in Article II of the U.S. Constitution.

D is Incorrect- The power to appoint ambassadors is delegated to the president and U.S. Senate in Article II of the U.S. Constitution.

This map illustrates a constitutional power. 

What constitutional relationship does this map illustrate?

• reserved powers 

• expressed powers 

• delegated powers 

• concurrent powers 

Answer explanation

The 10th Amendment reserves any powers to the states that are not delegated to the federal government. Since the creation of charter schools is not delegated to the federal government or denied to the state governments, it is a power reserved for the states.

B is Incorrect – Expressed powers are the powers of Congress that are listed in Article I of the U.S. Constitution. The power to establish schools is not listed in Article I.

C is Incorrect – Delegated powers are the powers assigned to the federal government. The power to create charter school systems cannot be delegated to the federal government.

D is Incorrect – Concurrent powers are those that are shared by the states and the federal government. The federal government does not have the power to create a charter school system. This is a power reserved to the states under the 10th Amendment.