Honors American Government - States’ Rights and the Division of Powers Quick Check
1. What are powers of the U.S. Government that are names and listed in the constitution called?
A. Expressed Powers
2. Why does federalism create tension between state and national governments?
A. Both National and State Governments Share power
3. Which of the following is an example of power exercised by the federal government?
C. Tariff Laws
4. In Mulloch v. Maryland (1819), a bank manager refused to pay an unfair state tax on a federal bank. He was convicted in Maryland, but the supreme court reversed the decision. It ruled that the state tax would have had the effect of making state law superior to the federal government. This ruling is an example of which clause in the Constitution?
B. Supremacy Clause
5. What is the purpose of the Tenth Amendment to the Constitution?
B. To reserve powers that are not delegated to the federal government for the states
5. What is the Supremacy Clause in the Constitution?
A. The Supremacy Clause is a clause in the United States Constitution that establishes that the Constitution and federal laws take precedence over state laws and constitutions.
6. What is the purpose of the Supremacy Clause?
A. The purpose of the Supremacy Clause is to ensure that conflicts between federal and state laws are resolved in favor of the federal government. It establishes federal law as the supreme law of the land.
7. How does the Supremacy Clause impact the balance of power between the federal and state governments?
A. The Supremacy Clause strengthens the power of the federal government by giving it authority over the states in matters that are within its constitutional powers. It ensures uniformity and consistency in the application of federal law throughout the country.
8. Give an example of a situation where the Supremacy Clause has been applied.
A. One example of the Supremacy Clause being applied is in the case of McCulloch v. Maryland (1819), where the Supreme Court ruled that a state could not tax a federally chartered bank. This decision established that federal law prevails over state law when there is a conflict.
9. Can the Supremacy Clause be challenged or overridden?
A. The Supremacy Clause can be challenged in certain circumstances. If a federal law is found to be unconstitutional by the Supreme Court, for example, it can be invalidated. However, in general, the Supremacy Clause is a fundamental principle of the Constitution and is difficult to override.
10. How does the Supremacy Clause relate to the concept of federalism?
A. The Supremacy Clause is a key component of federalism, which is the division of powers between the national and state governments. It clarifies that in cases of conflict, federal law takes precedence over state law, preserving the balance of powers between the two levels of government.
To answer these questions:
1. The powers of the U.S. Government that are named and explicitly listed in the Constitution are called Expressed Powers. These powers are specifically assigned to the federal government and are outlined in the Constitution.
2. Federalism creates tension between state and national governments because both levels of government share power. This division of powers can lead to conflicts and disagreements over who has the authority to make decisions and implement policies. State governments may feel that their sovereignty is being threatened by the federal government, while the federal government may believe that it needs to assert its authority to maintain a unified nation.
3. An example of power exercised by the federal government is Tariff Laws. The federal government has the authority to regulate trade with other countries and can levy tariffs on imported goods. This is one of the powers explicitly granted to the federal government in the Constitution.
4. The ruling in Mulloch v. Maryland (1819) was based on the Supremacy Clause of the Constitution. The Supremacy Clause establishes that the Constitution and federal laws take precedence over conflicting state laws. In this case, the Supreme Court held that Maryland could not tax a federal bank because it would have undermined the authority of the federal government, as per the Supremacy Clause.
So, to answer the questions:
1. The powers of the U.S. Government that are named and listed in the Constitution are called Expressed Powers.
2. Federalism creates tension between state and national governments because both levels of government share power.
3. An example of power exercised by the federal government is Tariff Laws.
4. The ruling in Mulloch v. Maryland (1819) is an example of the application of the Supremacy Clause.