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? PART II
STATE AND LOCAL GOVERNMENT
CHAPTER XX
(pp. 448-480)
POSITION OF THE STATES IN THE FEDERAL UNION
1. Are the States of the Union "sovereign within their re-
spective spheres"? Explain.
2. Is there a degree of uncertainty in regard to some powers
which might possibly be exercised by either the National or
State Governments in the United States?
3. What is a concurrent power? Do concurrent powers tend
to obscure the boundary lines between State and Federal powers?
Explain.
4. Point out the limitations that are placed upon the State
Governments by the Federal Constitution. Explain each.
5. Where in the Federal Constitution are these limitations
to be found?
6. Explain this statement, "no state can lay a tax on the
property, lawful agencies and instrumentalities of the Federal
Government or on federal franchises as such. "
7. Define the following and point out the significance of each.
a. Contract d. Ex post facto law
b. Due process of law e. Bill of attainder
c. Police power
8. Of what significance is the fourteenth amendment to
the Federal Constitution?
9. What protection does the National Government offer to
private property?
6s
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? 66 PROBLEMS IN AMERICAN GOVERNMENT
10. In what ways do corporations tend to obscure the dividing
line between State and Federal powers?
11. Point out instances of shifts of power from the State
Governments to the National Government and vice versa. In
what direction does there seem to be the greatest shift of au-
thority? Explain.
12. How has Congress attempted to regulate prison labor
within the States?
13. What justification, if any, is there for the expansion of
Federal functions in the fields of primary concern to the States?
14. How did the National Government succeed in obtaining
the powers which were formerly exercised and enjoyed by the
State Governments?
15. What is a subsidy? How does it differ from a gift?
16. For what purposes are subsidies granted?
17. Does the acceptance of a subsidy on the part of the States
tend to increase or decrease their powers? Explain.
18. For what purposes has the Federal Government granted
aid to the States?
19. For what purposes were each of the following grants in
aid enacted?
a. Morrill Act, 1862 /. Smith-Hughes Voca-
b. Weeks Act, 1911 tional Education
c. Smith-Lever Act, 1914 Act, 1917
d. Federal Highway Act, g. Industrial Rehabili-
20. What effect has the creation of Federal agencies, charged
with the duties formerly entrusted to the States, had upon the
progress made by the States?
21. Is centralization of power in administration undemo-
cratic? Explain.
22. What interesting and important questions have arisen
under the constitutional guarantee that the citizens of one
1916
e. National Defense Act,
1916
tation Act, 1920
h. Sheppard-Towner
Act, 1921
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? POSITION OF STATES IN FEDERAL UNION 67
State shall have the same privileges and immunities of the
citizens in the several States?
23. Is it mandatory upon the Governors of the several States
to return fugitives from justice from one of the forty-eight
States? Explain.
24. Outline the steps in the process of admitting new States
to the Union.
25. May Congress impose special conditions upon proposed
States, preparatory to their admission to the Union? Illustrate.
Questions and Problems for Further Study and
Discussion
1. What obligations, if any, does the National Government
have toward the States?
2. Explain the following statement, "The constitution and
laws of the United States are declared to be supreme over those
of the states. " Does this mean that any law enacted by Congress
will override a conflicting law passed by a State, even though
the law enacted by the State was clearly within its powers?
3. By means of intersecting circles indicate the relation
which exists between the State and National Governments in
our Federal System.
4. List some powers that may be exercised by both Congress
and the States. Some that may be exercised by the States only
with the consent of Congress.
5. May the Federal courts declare State laws unconstitu-
tional? Explain.
6. If an individual commits a crime in the State of California
and is tried without a jury contrary to his own wishes, does he
get due process of law? Explain.
7. Will a divorce granted in Nevada to a citizen of Iowa be
recognized as valid in Iowa? Explain.
8. If a man commits murder in Michigan and flees to New
Mexico, may he be tried and punished in New Mexico for this
offense? Explain.
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? 68 PROBLEMS IN AMERICAN GOVERNMENT
9. How may new States be formed out of old States?
10. What problems are involved in the question of admitting
our insular possessions as States to the Union? Do you approve
or disapprove of this idea? Explain.
11. Prepare a list of the States in the order in which they
were admitted to the Union, and give the day, month and year
in which each acquired statehood.
12. Who pays for Federal aid?
13. If Federal aid encroaches upon the rights of the States,
why do the States accept it?
14. Can centralization of authority and Federal aid be de-
fended because the sources of taxable wealth are national and
not local in character?
15. Has the public more confidence in enterprises conducted un-
der Federal aid than those conducted wholly under State control?
16. Have the costs of government increased more rapidly
than other costs?
17. Is it true that Federal aid is the extension of financial aid
by the richer to the poorer States?
18. Is it proper for the Federal Government, by granting
subsidies in aid to the States, to accomplish indirectly what
would be unconstitutional if done directly? Explain.
19. What are the arguments for and against the present
tendency to centralize power and authority in the National
Government?
References
Munro's The Government of the United States, Third Edition, Chap.
XXIX.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXVIII.
Bates and Field's State Government (1928), Chaps. II, IV.
Holcombe's State Government in the United States (1926), Chaps. IV-V,
XIV.
Mathews' American State Government (1924), Chaps. II-III.
Mathews and Berdahl's Documents and Readings in American Govern-
ment (1928), Chaps. XVI-XVII.
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? CHAPTER XXI
(pp. 481-498)
THE STATE AND ITS CONSTITUTION
1. How extensive are the powers enjoyed by the State Gov-
ernments under the Federal Constitution?
2. What is a State? How are the States related to the federal
system in the United States?
3. Do the States play any part in the alteration of the
Federal Constitution? Explain.
4. Of what importance are the State Governments in the
lives of the citizens?
5. May it be said that the States are laboratories for political
and economic experimentation? Explain.
6. What has been the tendency in State Constitutional de-
velopment?
7. Point out the results that have come from increasing the
length of State Constitutions.
8. What are the parts into which State Constitutions are
usually divided? Explain each.
9. By what authority is the suffrage regulated in the United
States?
10. Prepare a list of the usual qualifications for voting.
11. List the common disqualifications for the suffrage.
12. For what purpose were the so-called "grandfather
clauses" enacted?
13. What bearing does the fourteenth amendment to the
Federal Constitution have upon the imposition of restrictions
on the suffrage?
14.
To what extent is the principle of the separation of powers
employed in the State Constitutions?
6g
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? 70 PROBLEMS IN AMERICAN GOVERNMENT
15. Have the States been successful in maintaining a distinct
separation of powers into the three departments? Explain.
16. What constitutes the supreme law of the States?
17. Is the principle of judicial supremacy maintained in the
States?
18. Should the State courts be permitted to declare laws un-
constitutional? Explain.
Questions and Problems for Further Study and
Discussion
1. Distinguish between a constitution, a statute, and a
charter.
2. Is there a separation of powers in State Governments as
there is in the National Government?
3. Do the State Governments employ the principle of
"Checks and Balances"? Illustrate.
4. How many constitutions has your State had? Is the
present one of the old or new type?
5. List the outstanding provisions in the Bill of Rights of
your State Constitution.
6. Does the Constitution of your State contain all the parts
of a typical constitution?
7. Explain the amending process provided in your State
Constitution. Does it require a majority of those voting in the
election in order to ratify or only a majority of those voting
for or against the amendment? Which of these requirements do
you think the more desirable and why?
8. List the qualifications for the suffrage in your State.
9. What changes have been made in the qualifications for
suffrage in your State since its admittance to the Union? Do
you think that the present qualifications in your State might
be improved? Explain.
10. By whom are State constitutions made? Are there any
limitations on this power?
11. How many times have the people voted in favor of con-
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? THE STATE AND ITS CONSTITUTION
stitutional revision in your State? When? What was the out-
come? Explain if necessary.
12. What is a constitutional convention act? By whom is it
enacted?
13. Draft a plan for a State constitutional convention.
14. List the steps in the process of making a State constitution.
15. Should a constitution be brief and general in its provisions
or long and detailed? Explain.
16. List the outstanding points of uniformity in our State
Governments.
17. Prepare a brief outline of the constitution of your State
showing the main topic of each division and article.
18. Should the question of constitutional revision come up in
your State would you vote for or against it? Explain.
19. Do you think it would be desirable to organize such cities
as New York and Chicago into States? Give reasons for your
answer.
20. Through what formalities would it be necessary to go in
order to organize New York City into a State?
21. Carefully read through a copy of your State constitution
and check what you regard to be its outstanding weaknesses.
Then correct these weaknesses by putting the constitution in
the phraseology and form that you think it ought to take.
References
Munro's The Government of the United States, Third Edition, Chap.
XXX.
Ogg and Ray's Introduction to American Government, Fourth Edition,
Chap. XXX.
Bates and Field's State Government (1928), Chap. II.
Holcombe's State Government in the United States (1926), Chaps. III-V,
XIV.
Mathews' American State Government (1924), Chaps. I-II.
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? CHAPTER XXII
(pp. 499-S2! )
POPULAR CONTROL IN STATE AND LOCAL
GOVERNMENTS
1. Of what importance is public opinion in a democracy?
2. What provision has been made to enable the people to
alter their fundamental law?
3. What three methods of setting the amending process in
motion are referred to by the author? Point out the merits of
each?
4. By means of what devices may the people participate
directly in the enactment of laws? Explain each.
5. List the names of the States now providing for the use of
the initiative and referendum in some form or other.
6. Should it be easier for the voter to change an ordinary
statute than to change a constitutional law? Explain.
7. In what ways may the initiative and referendum be used?
8. Outline the Oregon plan for the use of the initiative and
referendum.
9. With what success have these democratic devices met?
10. Prepare a list of arguments for and against the use of the
initiative and referendum.
11. By what means have the voters brought elective officers
directly under their control?
12. Trace the development of the recall and explain how it
enables the voters to exercise control over elective officers.
13. Point out the possible variations in the use of the recall.
14. List arguments for and against the use of the recall.
15. What is the usual means through which the people control
the government in a democracy?
72
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? POPULAR CONTROL IN GOVERNMENT 73
16. Explain why the ballot has become so detailed.
17. What has been the effect of increasing the work of the
voter at the polls? Is this desirable or undesirable?
18. List the principles involved in the "Short Ballot. "
19. In what units of local government are the principles of
the short ballot most widely used? How do you account for this?
20. How do you account for the tendency toward centraliza-
tion in State, municipal, and local government?
21. Even though the election machinery has been simplified,
what important problems of popular control in politics still
remain unsolved?
Questions and Problems for Further Study and
Discussion
1. Distinguish between revision and amendment of consti-
tutions.
2. What is meant by direct legislation?
3. Explain each of the following.
a. Initiative b. Referendum c. Recall
4. What is the difference between the compulsory and op-
tional use of the referendum?
5. Who, in practice, promotes legislation under the initiative
and referendum?
6. Make an outline map showing the States of the Union
now using the initiative, the referendum, and the recall. By
means of colors show which make use of each of these devices
for popular control of the government.
7. Are the principles underlying the short ballot compatible
with democracy?
8. How does the amending process in your State differ from
that found in the Federal Constitution? Which do you think
the more democratic, and why?
9. Are there any proposed amendments to your State Con-
stitution under consideration at the present time? If so, do you
approve or disapprove of the same? Explain.
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? 74 PROBLEMS IN AMERICAN GOVERNMENT
10. By what means do the voters of your State control their
government?
11. To what extent, if used at all, do the voters of your State
make use of the initiative, referendum, and recall? Do you
approve or disapprove of the use of these devices? Give reasons
for your answer.
References
Beard's Readings in American Government and Politics, New and Re-
vised Edition, Chap. XXIII.
Munro's The Government of the United States, Third Edition, pp.