Chapter 4 Quiz

Twelve multiple-choice questions and four short-answer prompts. Answers and brief explanations follow at the end.

Multiple choice

1. Which constitutional clause states that federal law prevails over conflicting state law?

A. Article I, Section 8 (the Commerce Clause) B. Article VI, Clause 2 (the Supremacy Clause) C. The Tenth Amendment D. The Fourteenth Amendment, Section 5

2. McCulloch v. Maryland (1819) is best understood as establishing which proposition?

A. The federal government has only the powers explicitly listed in Article I, Section 8. B. States may tax federal instrumentalities so long as the tax is non-discriminatory. C. Congress may use any means rationally related to a legitimate enumerated power, and states cannot tax federal instrumentalities. D. The Supreme Court is the final arbiter of federal-state disputes.

3. Wickard v. Filburn (1942) involved:

A. A federal ban on interstate transport of homegrown wheat. B. A federal regulation limiting how much wheat a farmer could grow even for personal use, on the theory that the cumulative effect of such activity affected interstate commerce. C. A state tax on out-of-state agricultural products that the Court struck down under the Dormant Commerce Clause. D. A federal subsidy to wheat farmers that conditioned payment on planting limits.

4. United States v. Lopez (1995) was significant because it:

A. Was the first Supreme Court decision since 1937 to strike down a federal statute as exceeding the Commerce Clause power. B. Upheld federal authority to regulate gun possession in school zones under the Commerce Clause. C. Established the anti-commandeering doctrine. D. Required states to expand Medicaid as a condition of receiving any federal Medicaid funding.

5. The anti-commandeering doctrine, established in New York v. United States (1992) and Printz v. United States (1997), holds that:

A. The federal government cannot order states to enact or enforce a federal regulatory program. B. States cannot regulate in fields preempted by federal law. C. The federal government must compensate states for the cost of federal mandates. D. The Supreme Court cannot order states to comply with its rulings on federalism questions.

6. In NFIB v. Sebelius (2012), the Supreme Court held that:

A. The Affordable Care Act's individual mandate was unconstitutional in its entirety. B. The individual mandate was constitutional under the Commerce Clause. C. The individual mandate was constitutional under the taxing power, but the conditional Medicaid expansion was unconstitutionally coercive. D. Congress could not use the Spending Power to attach conditions to federal grants.

7. A federal "categorical grant" is best understood as:

A. Federal money provided to states for a broad purpose with substantial state discretion in how to spend it. B. Federal money provided to states for a specific purpose with detailed federal rules attached. C. Federal money that states must accept as a condition of remaining in the Union. D. Federal money provided to private citizens directly, bypassing state governments.

8. Approximately what percentage of total state and local government spending across the United States comes from federal grants?

A. About 10%. B. About 20%. C. About 30%. D. About 50%.

9. Marijuana is currently classified under federal law as a Schedule I controlled substance. The constitutional doctrine that allows California's state-licensed marijuana industry to operate despite this federal prohibition is best understood as a combination of:

A. Anti-commandeering (the federal government cannot force California police to enforce federal marijuana law) and federal prosecutorial forbearance. B. Federal preemption of state marijuana laws. C. The Tenth Amendment's reservation of police powers to the states, which trumps the Supremacy Clause for personal-use questions. D. Gonzales v. Raich (2005), which held that Congress could not enforce federal marijuana law against personal medical use in states with medical marijuana programs.

10. A "sanctuary jurisdiction," as the term is generally used in 2024–2026 American politics, refers to:

A. A state that has formally seceded from federal immigration law. B. A city, county, or state whose policies limit voluntary cooperation with federal immigration enforcement, while not actively obstructing federal agents. C. A jurisdiction where federal immigration law does not apply. D. A federally designated zone for asylum seekers awaiting adjudication.

11. Article I, Section 4 of the Constitution gives:

A. The states exclusive authority over the time, place, and manner of federal elections. B. Congress exclusive authority over the time, place, and manner of federal elections. C. States the primary authority over the time, place, and manner of congressional elections, subject to congressional override. D. The Supreme Court the authority to review state election laws under the Fourteenth Amendment.

12. "Asymmetric federalism," as the term is used in this chapter, refers to:

A. A system in which different states have constitutionally different powers. B. A system in which the federal government has more power than the states. C. The current era of American federalism in which red and blue states have diverged sharply on policy across multiple domains. D. A constitutional doctrine introduced by Chief Justice Roberts in NFIB v. Sebelius.

Short answer

13. Explain in 100–150 words how the Spending Power has been used to extend federal influence into policy areas where the federal government lacks direct regulatory authority. Give one specific example.

14. Murphy v. NCAA (2018) struck down a federal sports-betting prohibition. Explain in 100–150 words how this decision relied on the anti-commandeering doctrine and what consequences it has had for state-level sports-betting policy.

15. In 100–150 words, explain why the term "states' rights" has had different political associations at different points in American history. Reference at least two distinct historical or contemporary uses.

16. Steel-man, in 100–150 words, the strongest argument that asymmetric federalism (i.e., substantial state-level policy variation on contested questions like abortion, gun regulation, and minimum wage) is good for American democracy. Then, in another 100–150 words, steel-man the strongest argument that it is bad for American democracy. Be charitable to both views.

Answers and explanations

1. B. The Supremacy Clause (Article VI, Clause 2). The Commerce Clause is the source of much federal regulatory power, but the rule about conflict resolution is the Supremacy Clause.

2. C. McCulloch held both that Congress had the implied power to charter a bank under the Necessary and Proper Clause and that Maryland could not tax it. The case did both pieces of federalism work — expanding federal power and restraining state power.

3. B. Filburn used the wheat himself; the Court held the cumulative effect of such activity, in the aggregate, substantially affected interstate commerce.

4. A. Lopez was the first such decision since 1937 — a remarkable 58-year gap.

5. A. The federal government cannot commandeer state legislatures (New York) or state executive officials (Printz) into administering federal regulatory programs.

6. C. The Court split the baby. The mandate survived as a tax. The Medicaid expansion was held coercive under Dole's coercion limit, becoming optional. This is the case that produced the post-2012 patchwork in Medicaid expansion.

7. B. Categorical grants are specific-purpose, rule-heavy. Block grants (option A) give more state discretion.

8. C. Roughly 30% nationally; varies from ~25% in wealthy states to ~45% in less wealthy states.

9. A. Raich in fact held the opposite of what option D says — Congress can enforce federal marijuana law against personal medical use even in legal states. The reason it doesn't, in practice, is the combination in option A.

10. B. The constitutional architecture is anti-commandeering: jurisdictions limit voluntary cooperation but cannot actively obstruct federal agents from enforcing federal law themselves.

11. C. The states have primary authority but Congress retains the override.

12. C. The term describes the current era's policy divergence. Option A is something different (asymmetric constitutional federalism, a category sometimes used in comparative law). Option D is invented.

13–16. Short-answer rubrics:

• Q13: A complete answer cites South Dakota v. Dole (1987) (or another Spending Clause case) and gives a concrete example such as the 21-year-old drinking age, IDEA conditions for special-education funding, or Title IX athletics rules.
• Q14: A complete answer notes that PASPA (the Professional and Amateur Sports Protection Act, 1992) prohibited states from authorizing sports betting, and the Court held this commandeered state legislatures by ordering them not to act. Since 2018, sports betting has been legalized in 38+ states.
• Q15: A complete answer notes the historical use by Southern states defending slavery and segregation; can also cite Northern states resisting fugitive-slave laws (1850s); contemporary uses include sanctuary cities (left-coded), Second Amendment sanctuaries (right-coded), state marijuana laws (mixed).
• Q16: The pro-asymmetric argument: state-level democracy lets people live under policies of their choosing; reduces national-level conflict; allows experimentation. The anti-asymmetric argument: fundamental rights should not depend on residence; the country's economic and cultural interconnection makes durable variation costly; sustained divergence may erode national legitimacy. Either steel-man should cite specific policy examples and avoid straw-manning the other side.