PSC 318 Final Exam questions with
verified solutions
Ad valorem tax - correct answer ✔✔-Taxes levied based on the determined value of the item
being taxed
-Tax on use
-Excise tax
Adequate and independent grounds test - correct answer ✔✔-New Judicial Federalism
-Shields state court judgments that rest on a foundation of state law from federal review
-so long as a state court decision rests on adequate and indpendent state grounds, the Supreme
Court will not resolve either the state or the federal issues in the case
-consequently, state courts are entitled to interpret their own statutes and constitutional
provisions, and if their reasoning rests on "independent and adequate" state grounds, their
decisions are not subject to review by federal courts.
"Murdock v. City of Memphis (1875)"- the court said that it would not review decisions unless
the state court's interpretation implicated issues of federal law.
pg. 370
Article I, Section 8 - correct answer ✔✔-Art. I, Sect. 8, Cl. 1- The Congress shall have power to
lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common
,Defense, and general welfare of the US; but all duties, imposts and excises shall be uniform
throughout the U.S.
-Permits the levying of taxes for two purposes: to pay the debts of the United States, and to
provide for the common defense and general welfare of the United States.
-Taken together, these purposes have traditionally been held to imply and to constitute the
federal government's taxing and spending power.
-It does not define commerce
-It does not draw a line between state and federal power
-There is no other provision to flesh it out
Article I, Section 9 - correct answer ✔✔-Article I, section 9: "No capitation or other direct tax
shall be laid unless in proportion to the census or enumeration herein before directed to be
taken"
-Article I, Section 9: "No tax or duty shall be laid on articles exported from any state"
-No direct taxes (amended by the 16th)
Categorical test of commerce - correct answer ✔✔"in the stream of commerce" (in the process
of moving to its final destination)
v.
"outside of the stream of commerce" (being manufactured or mined);
-"direct" or "indirect"; "local" or "interstate"
,US v. E.C. Knight Co.
Swift& Co v. US (1905)
Stafford v. Wallace (1922)
1 Pre New Deal way of understanding commerce
Commerce Clause - correct answer ✔✔-The Commerce Clause expressly grants Congress the
power to regulate commerce "among the several states."
-Gives congress the power to regulate commerce with foreign nations, between states, and with
Indian tribes
Cooperative federalism - correct answer ✔✔-Cooperative federalism (1930s-1970s) is a concept
of federalism in which national, state, and local governments interact cooperatively and
collectively to solve common problems, rather than making policies separately but more or less
equally (such as the dual federalism of the 19th century United States) or clashing over a policy
in a system dominated by the national government.
-under this doctrine, the various levels of government shared policy-making responsibilities.
-in practice, it meant that the national government took the lead in formulating many policy
goals, which it expected state and local officials to implement.
-This view holds that the supremacy clause and the necessary and proper clause, not the 10th
Amendment, control the balance of power between the federal government and the states.
-That amendment according to cooperative federalism, grants no additional powers to the
states. It serves only to emphasize that the federal government is limited to the powers the
Constitution assigns to it.
, -Pg. 330
-Pg. 347
-Pg. 331 Table
Court-packing plan - correct answer ✔✔-FDRs plan to add more justices to the court to push
through his new deal legislation, but this was avoided through the switch in time to save 9
-The president asked Congress to authroize the creation of one new seat on the Court for every
justice who had attained the age of 70 but remained in active service. Up to six new justices
could be appointed in this way, bringing the potential soze of the Court to a max of 15. Reaction
was not favorable.
-Pg. 425
Cumulative effects test of commerce - correct answer ✔✔-Wickard v. Filburn (1942)- Although
Filburn's relatively small amount of production of more wheat than he was allotted would not
affect interstate commerce itself, the CUMULATIVE actions of thousands of other farmers just
like Filburn would certainly become substantial.
-Further explained on Pg. 442
Direct Tax - correct answer ✔✔-Taxes on land and capitation taxes
-A tax paid directly by an individual or organization
-The Constitution says that all direct taxes must be apportioned among the states on the basis
of population.
verified solutions
Ad valorem tax - correct answer ✔✔-Taxes levied based on the determined value of the item
being taxed
-Tax on use
-Excise tax
Adequate and independent grounds test - correct answer ✔✔-New Judicial Federalism
-Shields state court judgments that rest on a foundation of state law from federal review
-so long as a state court decision rests on adequate and indpendent state grounds, the Supreme
Court will not resolve either the state or the federal issues in the case
-consequently, state courts are entitled to interpret their own statutes and constitutional
provisions, and if their reasoning rests on "independent and adequate" state grounds, their
decisions are not subject to review by federal courts.
"Murdock v. City of Memphis (1875)"- the court said that it would not review decisions unless
the state court's interpretation implicated issues of federal law.
pg. 370
Article I, Section 8 - correct answer ✔✔-Art. I, Sect. 8, Cl. 1- The Congress shall have power to
lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common
,Defense, and general welfare of the US; but all duties, imposts and excises shall be uniform
throughout the U.S.
-Permits the levying of taxes for two purposes: to pay the debts of the United States, and to
provide for the common defense and general welfare of the United States.
-Taken together, these purposes have traditionally been held to imply and to constitute the
federal government's taxing and spending power.
-It does not define commerce
-It does not draw a line between state and federal power
-There is no other provision to flesh it out
Article I, Section 9 - correct answer ✔✔-Article I, section 9: "No capitation or other direct tax
shall be laid unless in proportion to the census or enumeration herein before directed to be
taken"
-Article I, Section 9: "No tax or duty shall be laid on articles exported from any state"
-No direct taxes (amended by the 16th)
Categorical test of commerce - correct answer ✔✔"in the stream of commerce" (in the process
of moving to its final destination)
v.
"outside of the stream of commerce" (being manufactured or mined);
-"direct" or "indirect"; "local" or "interstate"
,US v. E.C. Knight Co.
Swift& Co v. US (1905)
Stafford v. Wallace (1922)
1 Pre New Deal way of understanding commerce
Commerce Clause - correct answer ✔✔-The Commerce Clause expressly grants Congress the
power to regulate commerce "among the several states."
-Gives congress the power to regulate commerce with foreign nations, between states, and with
Indian tribes
Cooperative federalism - correct answer ✔✔-Cooperative federalism (1930s-1970s) is a concept
of federalism in which national, state, and local governments interact cooperatively and
collectively to solve common problems, rather than making policies separately but more or less
equally (such as the dual federalism of the 19th century United States) or clashing over a policy
in a system dominated by the national government.
-under this doctrine, the various levels of government shared policy-making responsibilities.
-in practice, it meant that the national government took the lead in formulating many policy
goals, which it expected state and local officials to implement.
-This view holds that the supremacy clause and the necessary and proper clause, not the 10th
Amendment, control the balance of power between the federal government and the states.
-That amendment according to cooperative federalism, grants no additional powers to the
states. It serves only to emphasize that the federal government is limited to the powers the
Constitution assigns to it.
, -Pg. 330
-Pg. 347
-Pg. 331 Table
Court-packing plan - correct answer ✔✔-FDRs plan to add more justices to the court to push
through his new deal legislation, but this was avoided through the switch in time to save 9
-The president asked Congress to authroize the creation of one new seat on the Court for every
justice who had attained the age of 70 but remained in active service. Up to six new justices
could be appointed in this way, bringing the potential soze of the Court to a max of 15. Reaction
was not favorable.
-Pg. 425
Cumulative effects test of commerce - correct answer ✔✔-Wickard v. Filburn (1942)- Although
Filburn's relatively small amount of production of more wheat than he was allotted would not
affect interstate commerce itself, the CUMULATIVE actions of thousands of other farmers just
like Filburn would certainly become substantial.
-Further explained on Pg. 442
Direct Tax - correct answer ✔✔-Taxes on land and capitation taxes
-A tax paid directly by an individual or organization
-The Constitution says that all direct taxes must be apportioned among the states on the basis
of population.
