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Analyze the metaphor of Brandeis for creative federalism and the notion that single states may act as "laboratories of democracy." Give examples of how state experiences have indicated to the federal government which policies to adopt and those policies not to adopt.

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The presidency of Thomas Jefferson was significant regarding federalism. Discuss the Jefferson administration's approach to the debate over states' rights as well as his friction with the Federalists of his day.

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Thomas Jefferson's presidency was significant in shaping the debate over federalism and states' rights. Jefferson was a strong advocate for states' rights and believed in a limited role for the federal government. His administration took a strict interpretation of the Constitution, believing that the federal government should only have powers explicitly granted to it by the Constitution, and that all other powers should be reserved for the states. One of the key ways in which Jefferson's administration approached the debate over states' rights was through its policies on the expansion of the United States. Jefferson's administration was responsible for the Louisiana Purchase, which doubled the size of the country. However, Jefferson faced criticism from Federalists who argued that the expansion of the country would weaken the power of the original states and lead to the spread of Republican (anti-Federalist) influence. Additionally, Jefferson's administration clashed with the Federalists over issues such as the Alien and Sedition Acts, which were passed by the Federalist-controlled Congress and signed into law by President John Adams. These acts were seen as a violation of states' rights and freedom of speech, and Jefferson and his supporters vehemently opposed them. Overall, the Jefferson administration's approach to the debate over states' rights was to prioritize the authority of the states and limit the power of the federal government. This stance led to friction with the Federalists of his day, who favored a stronger central government. The debate over federalism and states' rights during Jefferson's presidency laid the groundwork for ongoing discussions and conflicts over the balance of power between the federal government and the states in the United States.

Using contemporary examples, discuss the current state of federalism in the United States.

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Federalism in the United States is curre...

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The U.S. Supreme Court is the highest judicial body in the nation. In regard to states, why is this important?


A) It allows for the federal courts to take over the state courts when the states fail to act properly.
B) It gives the Supreme Court the authority to settle disputes between states, such as ownership of or jurisdiction over disputed property.
C) It allows Congress to pass laws that will control states that have gotten out of control.
D) It gives the nation a place to determine the winner of an election.
E) It takes power away from a potentially abusive Congress.

F) C) and D)
G) B) and C)

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When considering the history of the federal government's powers over the states, what generally happens with the federal power during major economic depressions or world wars?


A) The powers of the federal government usually increase and state prerogatives decrease.
B) The federal government usually loses powers because it is perceived that it created the problem.
C) The federal government usually loses powers because of its inability to create solutions.
D) State powers increase because states are more able to generate consensus.
E) Federal powers increase because the supremacy clause of the U.S. Constitution creates a status similar to martial law during crises.

F) A) and B)
G) A) and C)

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A

James Madison referred to the system of federalism as the "middle ground" of government types. What did he mean by this statement?


A) The federal system is very weak because it fails to establish itself in contrast to unitary and confederation systems.
B) Unitary systems and confederation systems are opposing ends of the continuum. Federalism has elements of both systems but is the best attempt to balance the powers and needs of the state versus federal governments.
C) The government fails to take a definitive stance.
D) Federalism is the second most preferred system of government, after the unitary system.
E) The federal system abolishes the individual powers of the central and state governments in favor of a weaker, but more balanced, hybrid government.

F) A) and D)
G) B) and E)

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In one state, the civil court settles a dispute concerning assets in the estate of a deceased person. The one who loses the case in civil court cannot go into another state and have that state's civil court revisit the case. This is an example of


A) the power of Congress to intervene and settle disputes between states.
B) the difference between the criminal and civil court systems.
C) the inability of the federal government to properly intervene in civil disagreements between states.
D) the practical application of the full faith and credit clause of the U.S. Constitution.
E) a breakdown in the civil court system in this nation.

F) None of the above
G) All of the above

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One major result of President John Adams's tenure was the appointment of John Marshall as Chief Justice of the United States. Marshall shared Adams's ideologies and believed in a __________ doctrine of federalism.


A) national supremacy
B) state supremacy
C) Supreme Court supremacy
D) military
E) states' rights

F) A) and E)
G) C) and D)

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What was the significant ruling of the Supreme Court in McCulloch v. Maryland in 1819?


A) The Madison administration was held in contempt of court for its disagreement with the creation of a national bank.
B) Though the national bank was a creation of the federal government, it was subordinate to the government of the state in which it was located.
C) Based on the necessary and proper clause of the U.S. Constitution, the national bank had broad powers and was justified in using those powers when exercising the national government's expressly delegated powers.
D) The Supreme Court had no power or jurisdiction to consider a case involving a state government.
E) Maryland's state supreme court had jurisdiction over the federal court (Supreme Court) .

F) A) and B)
G) A) and C)

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C

The era of cooperative federalism was rooted in the Great Depression struggles of the late 1930s. How did cooperative federalism differ from the previous era of dual federalism?


A) Cooperative federalism acted as a return to the strict doctrine of state powers.
B) Cooperative federalism increased the powers of the federal government when necessary, but retained basic state powers.
C) Cooperative federalism was an arrangement whereby the state governments were allowed to approve all Supreme Court rulings.
D) The Supreme Court had no authority under the dual federalism arrangement so the state governments cooperatively granted the Court its necessary powers.
E) State supreme courts continued to be the supreme authority in the national government structure.

F) A) and D)
G) A) and E)

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A confederation


A) is defined as a single sovereign state.
B) consists of two or more governments that are legally bound to each other by contract.
C) may be defined as a league of independent states that voluntarily unite to achieve certain goals.
D) is a constitutional arrangement whereby two or more governments are required to cooperate.
E) is a state of political rebellion.

F) C) and D)
G) B) and C)

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Devolution is a term that is used to describe a system of federalism in which


A) state power is significantly weakening.
B) new states are being created.
C) the central government voluntarily transfers powers to the state and local governments.
D) the judicial branch assumes a dominant role in policymaking.
E) in which the powers of the president are considerably reduced.

F) B) and E)
G) A) and D)

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The power to establish bankruptcy laws is an example of a(n)


A) enumerated power.
B) reserved power.
C) concurrent power.
D) dictated power.
E) revealed power.

F) C) and D)
G) B) and C)

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The U.S. Supreme Court plays a unique role in the American system of federalism. What was the Court's role during the national supremacy period? How did its role change during the new federalism period? Overall, how has the Supreme Court been utilized over the years in the struggles over federalism?

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During the national supremacy period, th...

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Individuals in the U.S. have official status as citizens


A) in both the state in which they reside and in the nation as a whole.
B) in all 50 states and in the nation as a whole.
C) in the nation only, as the states do not confer citizenship status.
D) after the age of 18.
E) upon approval of the national government.

F) A) and B)
G) A) and E)

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"Layer Cake Federalism" is


A) a system in which the aims of subnational government are subordinate to the goals of the central government.
B) a system in which state and federal authority is intertwined in an inseparable mixture.
C) a system in which the authority of the state and federal governments is distinct and more easily delineated.
D) a system that affords Congress nearly unlimited authority to exercise its powers through means that often coerce states into administering and/or enforcing federal policies.
E) a system that holds that state authority acts as a significant limit on congressional power under the Constitution.

F) A) and C)
G) B) and E)

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During the administrations of the first president, George Washington, and the second president, John Adams,


A) Supreme Court rulings had a tremendously negative effect on presidential and other federal powers.
B) state governments willingly surrendered powers to the federal government as recognition of its superiority.
C) states' rights and powers were supreme and uncontested.
D) the federal government cautiously but consistently increased its powers and reach.
E) the new nation came very close to anarchy and collapse.

F) B) and D)
G) A) and D)

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Which of the following is a disadvantage of federalism?


A) Strengthening of liberty through the division of powers
B) Accommodation of diversity
C) Encouragement of laboratories of democracy
D) Fiscal disparities among the states
E) None of the above is true.

F) A) and C)
G) B) and E)

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In the U.S. Constitution, powers that are not expressly given to Congress but are retained by the state governments are called


A) enumerated powers.
B) reserved powers.
C) concurrent powers.
D) federal powers.
E) decentralized powers.

F) B) and D)
G) B) and C)

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What is meant by the term "New Federalism"? Discuss this era in comparison with earlier eras, especially regarding the roles of federal and state governments.

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