Name: _______________ Due Date: _________ SS.7.C.3.4: Identify the relationship and division of power between the federal and state governments. SS.7.C.3.4 Benchmark Clarification 1: Students will define the system of federalism. Federalism is a system of government where power is shared between the central (national) government and the states. Under the Articles of Confederation, a confederal system of government existed – which means that there was a weak central government. The Articles of Confederation caused a lot of problems for the new nation because the central government had so little power, so a new constitution was written. The United States Constitution is based on the idea of federalism – in other words, the idea that power is shared between the national, state, and local governments. Federalism helped to fix many of the problems caused by the Articles of Confederation by creating a balance between central (national) and state powers. According to the Constitution, powers are set aside specifically for the national government (enumerated powers, also known as delegated powers), for state governments only (reserved powers), or for both (concurrent powers). SS.7.C.3.4 Benchmark Clarification 2: Students will analyze how federalism limits government power. The U.S. Constitution was written because of concerns about the weaknesses of the Articles of Confederation. The two major weaknesses were: 1. The national government had very little power. There was a national Congress, but it did not have the power to tax the people to raise money, or to raise a national army or navy. 2. Because there was no strong national government, the states could act as if they were independent nations. This meant that the states could have independent relationships with other countries (such as making treaties or trade agreements). They also got into arguments with other states (such as the use of rivers or lakes that bordered more than one state). The Articles of Confederation did not encourage national unity (togetherness) or a sense of nationhood among the states. The U.S. Constitution was written because the Founding Fathers wanted to solve these problems. The founders had a big goal. They needed to limit state power (because the states had independent power under the Articles of Confederation), while at the same time creating a national government with limited power. They created a system of federalism, where the national government had its own powers, shared some powers with the states, and gave the states some of their own powers. For example, only the national government has the power to raise and support armies (an enumerated/delegated power), but it is up to the states to decide whether or not citizens must be registered to vote before an election day (a reserved power). Both the state and national governments have the power to tax (a concurrent power). The most important thing to keep in mind about federalism is that it is supposed to limit the power of the national government through sharing power with the states. SS.7.C.3.4 Benchmark Clarification 3: Students will compare concurrent powers, enumerated powers, reserved powers, and delegated powers as they relate to state and federal government. Types of Powers Definitions Concurrent Concurrent powers are powers that are shared by the national and state governments. Examples of shared Powers powers are: The power to levy taxes (tax the people) and the ability to borrow money Enumerated Enumerated (delegated) powers are powers that are specifically listed in the Constitution for the national Powers government only. Examples of powers granted to the national government are: The power to raise and support an army and navy, the power to coin money, and the power to declare war Reserved Reserved powers are powers that are given to the states by the Tenth Amendment to the U.S. Constitution. This Powers amendment says that any power not specifically given to the national government is reserved for the states. Examples of powers that belong to the states: The power to run elections and the power to set up and run schools Delegated Delegated powers are the same as enumerated powers. They are powers that are specifically listed in the Powers Constitution for the national government only. Additional examples of powers granted to the national government are: The power to regulate trade and business, the power to establish rules for naturalization of immigrants, and the power to declare war SS.7.C.3.4 Benchmark Clarification 4: Students will analyze the issues related to the Tenth Amendment of the U.S. Constitution. The Tenth Amendment to the Constitution was added as the last Amendment in the Bill of Rights. The Tenth Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people”. Because the writers of the Constitution were concerned about giving too much power to the national government, they decided to list the specific powers for Congress (enumerated/delegated powers). When the necessary and proper clause was added to the Constitution, it was so broad that it allowed Congress also to have many powers that were not listed but were “necessary and proper” for Congress to uses its enumerated/delegated powers. The Tenth Amendment does not list any specific powers. Instead, it broadly says that all powers not given to the national government are reserved for the states and the people. This leaves the meaning of reserved powers open to interpretation in the states. It is important to keep in mind that even though the Tenth Amendment reserves powers for the states, no state is allowed to make laws or take actions that violate the Constitution. In the Constitution, this is called the Supremacy Clause. It means that the Constitution is the “Supreme Law of the Land.” Name: _______________ Due Date: _________ Vocabulary: define each word/phrase in your own words – complete sentences Concurrent powers: _________________________________________________________________________________ Confederal system: __________________________________________________________________________________ Enumerated (Delegated) powers: ______________________________________________________________________ Federalism: ________________________________________________________________________________________ Reserved powers: ___________________________________________________________________________________ Articles of Confederation: ____________________________________________________________________________ Necessary & proper clause: ___________________________________________________________________________ Supremacy clause: __________________________________________________________________________________ Quiz: For each question, circle the best answer. Low Complexity Question Which is delegated to the national government? A. Conducting elections B. Establishing courts C. Coining money D. Taxing citizens Moderate Complexity Question Which statement describes a similarity between the state and the federal governments under the U.S. Constitution? A. Both levels of government allow for the election of judges. B. Both levels of government have the power to ratify treaties. C. Both levels of government allow for the collection of taxes. D. Both levels of government have the power to appoint ambassadors. High Complexity Question The map below describes the number of people on death row in the United States as of 2012. Source: Adapted from the Death Penalty Information Center What constitutional relationship does the map illustrate? A. Enumerated Powers B. Concurrent Powers C. Delegated Powers D. Reserved Powers Hint: The correct answer should identify a power that is delegated (assigned) to the federal government in Article I of the U.S. Constitution. Hint: Compare and contrast the enumerated and delegated powers of the federal government with the reserved powers of the states. The correct answer should identify a concurrent power. Hint: Read and analyze the map. Note that each state has a different number of prisoners on death row, some states have no prisoners on death row, and the federal government has 60 prisoners on death row. The correct response should identify the type of power (i.e., shared, state, or federal) that the map illustrates.
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