CPM Intergovernmental Relations 2 — Questions and Answers
Question 1: Which Supreme Court case established the principle that states cannot tax federal instrumentalities, laying groundwork for intergovernmental immunity?
- Marbury v. Madison (1803)
- McCulloch v. Maryland (1819) (Correct answer)
- Gibbons v. Ogden (1824)
- Dred Scott v. Sandford (1857)
Correct answer: McCulloch v. Maryland (1819)
McCulloch v. Maryland (1819) established that states cannot tax federal instrumentalities and affirmed implied federal powers, forming a cornerstone of intergovernmental relations.
Question 2: In the context of federal grants-in-aid, what is a 'maintenance of effort' requirement?
- States must maintain existing levels of their own spending in a program area to receive federal funds (Correct answer)
- Federal agencies must keep grant programs funded for at least five years
- Grantees must hire a minimum number of employees using grant dollars
- States must match federal funds dollar-for-dollar
Correct answer: States must maintain existing levels of their own spending in a program area to receive federal funds
Maintenance of effort (MOE) provisions require that states not reduce their own spending in a program area below a set level as a condition of receiving federal grant funds.
Question 3: Which model of federalism describes the national and state governments as occupying separate and distinct spheres of authority with little overlap?
- Cooperative federalism
- Marble cake federalism
- Dual federalism (Correct answer)
- Competitive federalism
Correct answer: Dual federalism
Dual federalism (also called 'layer cake' federalism) views national and state governments as operating in separate, non-overlapping spheres of authority.
Question 4: A county health department receives a federal grant with conditions requiring it to adopt specific service delivery standards. This is an example of which intergovernmental tool?
- Preemption
- Crosscutting requirements (Correct answer)
- Direct orders
- Crossover sanctions
Correct answer: Crosscutting requirements
Crosscutting requirements impose uniform conditions across all federal assistance programs, requiring recipients to meet standards such as civil rights compliance or environmental protection.
Question 5: The National Governors Association (NGA) primarily serves what intergovernmental function?
- Adjudicating disputes between states and the federal government
- Lobbying Congress and the executive branch on behalf of state interests (Correct answer)
- Administering federal block grants to states
- Setting national standards for state administrative procedures
Correct answer: Lobbying Congress and the executive branch on behalf of state interests
The NGA functions as a bipartisan lobbying and policy organization that advocates for governors' collective interests before federal lawmakers and administrators.
Question 6: When a federal statute explicitly states it supersedes all state laws in a policy area, this is referred to as:
- Express preemption (Correct answer)
- Implied preemption
- Field preemption
- Conflict preemption
Correct answer: Express preemption
Express preemption occurs when Congress explicitly states in the text of a federal law that it supersedes or displaces state law in that area.
Question 7: Which fiscal concept describes the phenomenon where local governments increase spending when they receive intergovernmental grants beyond what they would have spent with equivalent direct taxpayer funding?
- Fiscal illusion / flypaper effect (Correct answer)
- Tax expenditure
- Revenue sharing
- Crowding out
Correct answer: Fiscal illusion / flypaper effect
The flypaper effect (a form of fiscal illusion) describes how grant money 'sticks where it lands,' causing recipient governments to spend more than if citizens had received the equivalent funds directly.
Which Supreme Court case established the principle that states cannot tax federal instrumentalities, laying groundwork for intergovernmental immunity?