Fiveable
๐Ÿ‘ฉ๐Ÿพโ€โš–๏ธAP US Government
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FRQ 1 โ€“ Concept Application
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Unit 1: Foundations of American Democracy
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Practice FRQ 1 of 7

1. In 2023, following a series of reports highlighting the deteriorating condition of the national transportation network, Congress passed the 'Safe Transit Modernization Act.' The legislation aimed to standardize safety protocols across the country by directing the Department of Transportation to enforce stricter maintenance schedules for all state-maintained highways. Recognizing that these upgrades would be costly, the act allocated substantial federal funds to assist states with the implementation.

However, the legislation came with strings attached. To qualify for the infrastructure grants, states were required to adopt a uniform federal standard for driver's license testingโ€”a policy area that has historically been the domain of state governments. This condition sparked a heated debate regarding the division of power between the national and state governments.

Several governors formed a coalition to oppose the requirement, arguing that the federal government was overstepping its constitutional authority. The Governor of Montana issued a statement declaring, 'Washington has no business dictating how we license our drivers. That is a power reserved to the states and the people.' Despite these constitutional objections, the financial pressure proved difficult to resist. Most state legislatures eventually voted to adopt the new licensing standards to secure the much-needed infrastructure funding, demonstrating the complex interplay between federal authority and state sovereignty.

A. Describe the constitutional clause Congress likely relied upon to justify the passage of the 'Safe Transit Modernization Act' described in the scenario.
B. Explain how the governors could use the Tenth Amendment to challenge the broad interpretation of the clause described in part A.
C. Explain how the federal government's use of grants in the scenario illustrates the concept of fiscal federalism.






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