Lesson #5: Power and Balance

Activity 5.2: The “Federal” in Federalism^[1]

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The federal government makes laws that apply to all states. Individual states can also make laws, but they must not undermine federal laws.

Federalism involves the concept that government powers in the U.S. is shared between state governments and a central government. Some powers are expressly granted (or implied to belong) to the federal government, while other powers are reserved for the states. Still other powers belong to both the federal and state governments. We call these shared powers “concurrent” powers. The Supremacy Clause reminds us that if federal and state laws are ever in conflict, federal law prevails. Federalism has many strengths and weaknesses, but the framers of our Constitution felt the pros outweighed the cons (especially when compared to the other alternatives!).

Social Studies Benchmark:

9.1.4.6.5: Describe the systems of enumerated and implied powers, separation of powers, and checks and balances.

Reading Benchmarks:

9.12.2.2: Determine the central ideas or information of a primary or secondary source; provide an accurate summary of how key events or ideas develop over the course of the text.

9.12.4.4: Determine the meaning of words and phrases as they are used in a text, including vocabulary describing political, social, geographic, historical, or economic aspects of history/social studies.

Learning Target:

I can determine how the three branches interact and hold each other accountable.

• I can define federalism.
• I can explain that government power in the U.S. is shared between state governments and a central government.
• I can identify federal, reserved, and concurrent powers.
• I can explain the significance of the Supremacy Clause.
• I can describe the ongoing tension between federal and state power.
• I can identify the strengths and weaknesses of federalism.

Essential Question:

What is the separation of powers and the system of checks and balances? What is the difference between enumerated and implied powers?

• What is federalism?
• How is government power in the U.S. shared between state governments and a central government?
• What are federal, reserved, and concurrent powers?
• What is the significance of the Supremacy Clause?
• Why is there ongoing tension between federal and state power?
• What are the strengths and weaknesses of federalism?

To complete Activity 5.2 please follow the steps below:

Complete the tasks listed below and submit your responses by uploading a file to the “Add Submission” box. Respond to the critical thinking questions below. Please submit your responses to each question using the text submission box located at the bottom of this moodle page. Please answer with proper response construction and make sure to include your name properly on the assignment. Name, Course, Grade, Date.

STEP 1: Anticipate

Think of some ways the states in the United States are related and ways they are not related.

1. Does government bind states together?
2. Do states have different governments?

STEP 2: Read “The ‘Federal’ in Federalism"

The United States of America is a country that is made up of a bunch of individual states. As you read, consider the enormity of the challenge set before the framers of the Constitution as they attempted to balance federal and state rights. (Note: On page 2, the “Necessary and Proper Clause” is also called the “Elastic Clause” because it lets Congress “stretch” to meet new needs.) When you get to page 3, read about each type of government and identify whether the characteristics listed are strengths or weaknesses. Mark your responses in a chart like the one below.

STEP 3: Check for Understanding

Identify each of the following statements as True (T) or False (F). If you believe the answer is false, give a reason! Number your paper #1-#14 and record your answers. (NOTE TO TEACHERS: This can also be done as in in-class activity. See teacher guide for further instructions.)

1. States had no government at all when America was born.
2. America’s central government is known as the federal government.
3. Federalism is the division of power between states.
4. The Constitution divides federal power among three branches of government.
5. Powers not given to the federal government are reserved for the states or the people.
6. Powers that states and the federal government share are called concurrent power.
7. The Supremacy clause says state laws are superior to federal laws.
8. Implied powers are stated in the Constitution and expressed powers are not.
9. The Constitution lets Congress do what is “necessary and proper” for carrying out its powers.
10. Congress can’t pass laws that have anything to do with powers it doesn’t have, even if there is a link to a power it does have.
11. People today still debate about how much power states and the federal government should have.
12. The Founders had to create a federal government system because there weren’t any other systems to choose from.
13. An association of independent states is called a unitary form of government.
14. A unitary form of government does not divide power between a central government and lower governments.

STEP 4: Venn Diagram Activity

Create a Venn Diagram like the one below. (Downloadable version available here.) Consider the following powers, determine whether they are Federal Powers (Expressed & Implied), State Powers (Reserved), or Concurrent Powers (Shared), then write each one in the appropriate place in the Venn Diagram. Feel free to refer to the “Federal Power Cheat Sheet” as needed. (NOTE TO TEACHERS: This can be a large-group or small-group activity if desired. See Venn Diagram Teacher Guide and Federal and State Power Cards for more information.)

Powers to Place in Venn Diagram:

STEP 5: Review

In order to assure understanding, complete this review sheet which includes a crossword puzzle, strengths and weaknesses assessment, expressed federal powers matching activity, and types of government identification exercise. You may view the questions online, but please record your answers on a separate document that can be submitted to your teacher.

Upload your responses to the “Add Submission” box!

1. Open document to your computer
2. Complete the Activity
3. Click "Save As" and save it onto a special place on your computer
4. Click "Upload a File"
5. Upload the file to this Moodle page
6. Click Save