Federalism: expressed, implied, reserved and concurrent powers

Grade 12 Social Studies Worksheet

Circle the best answer.

1. Read this first

   Article I, Section 8, clause 3 (quoted)

   "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" Case TA (made-up): Congress regulates a steamer line that carries goods and passengers between Linden and Corvin.

2. 1.

   Jun reads the commerce clause and case TA. Which text best supports Congress regulating the steamer line?

   • The taxing clause, since any regulation of trade must be paid for by tax revenue
   • The Tenth Amendment, since steamer lines are local businesses that the people have reserved
   • The commerce clause, since the line carries goods between Linden and Corvin
   • No clause, since each state alone regulates transport that passes through its borders

3. Article I, Section 8, clause 3 (quoted)

   "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" Article I, Section 8, clause 18 (quoted): "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Student note (made-up): "The commerce clause lets Congress regulate anything that might someday affect trade."

4. 2.

   Esme reads the clauses and note TC. What does the commerce clause's text support?

   • Just trade with foreign nations, since the Tribes are named after the nations
   • Anything affecting trade, since "among the several States" means anything touching trade
   • Commerce among the States and with other nations; reaching further needs another link
   • Just goods physically carried over a border, since "among" requires physical crossing

5. Tenth Amendment (quoted)

   "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Case TE (made-up): Congress passes a law saying that no state may issue driver's licenses. Linden defends its licensing.

6. 3.

   Milo reads the Tenth Amendment and case TE. Which defense best uses the amendment for Linden's licensing?

   • Licensing drivers is neither delegated to the nation nor denied to the states, so it is reserved
   • The commerce clause bars the nation from regulating anything that happens on a state road
   • Article VI makes state law supreme in its own state, so the national law cannot reach it
   • Driver's licenses are concurrent, so Linden's law overrides the national law on licensing

7. Article I, Section 10 (quoted in part)

   "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; …" Case TF (made-up): Corvin prints its own paper money, promises to redeem it later, and pays its workers with it.

8. 4.

   Noah reads Article I, Section 10 and case TF. Which reading shows Corvin's money is barred?

   • The Tenth Amendment, since money was not delegated to the states by the Constitution
   • Section 10 bars States from emitting bills of credit and from coining money
   • The supremacy clause, since national law outranks any state's attempt at money
   • Nothing, since Section 10 bars coins and Corvin printed paper notes instead of coins

9. Use this

   South Dakota v. Dole (1987), in our words. Congress told the states that a state with a drinking age under 21 would lose 5 percent of its federal highway money. South Dakota sued. The Court upheld the law 7 to 2. It said Congress may attach conditions to money it gives if the condition is stated clearly and relates to the purpose of the money, and if the loss is not so large that pressure turns into compulsion. It called the offer "relatively mild encouragement".

10. 5.

    Pia reads card D. Why was the 5 percent loss in Dole not treated as an order to raise the drinking age?

    • The Court found the condition unrelated to highways but allowed it for the other reasons
    • Congress had no power over highways, so withholding money was the sole tool left
    • A state lost nothing by refusing, so the offer cost the state nothing
    • A state could refuse and lose a small share, so the choice stayed with the state

11. Use this

    South Dakota v. Dole (1987), in our words. Congress told the states that a state with a drinking age under 21 would lose 5 percent of its federal highway money. South Dakota sued. The Court upheld the law 7 to 2. It said Congress may attach conditions to money it gives if the condition is stated clearly and relates to the purpose of the money, and if the loss is not so large that pressure turns into compulsion. It called the offer "relatively mild encouragement". Rule from New York v. United States (1992) and Printz v. United States (1997), in our words: Congress may not order a state legislature to pass a law, and may not order state officers to carry out a federal program. Congress may regulate private parties directly, if it has a power to do so, and may offer money with conditions.

12. 6.

    Tala reads cards D and N. Why do the Dole rule and the rule in card N not conflict?

    • Dole concerned highways, and card N covers just school programs
    • In Dole a state may refuse and lose money; under an order it has no choice
    • Both forbid conditions of any kind, and Dole is the single exception
    • Card N allows orders if the money at stake is large, and Dole's was small

13. Use this

    South Dakota v. Dole (1987), in our words. Congress told the states that a state with a drinking age under 21 would lose 5 percent of its federal highway money. South Dakota sued. The Court upheld the law 7 to 2. It said Congress may attach conditions to money it gives if the condition is stated clearly and relates to the purpose of the money, and if the loss is not so large that pressure turns into compulsion. It called the offer "relatively mild encouragement". Case TG (made-up): Congress threatens to cut 60 percent of all federal grants to any state that refuses to adopt a national curfew law.

14. 7.

    Zee reads cards D and TG. Which point from Dole best supports a state that challenges the 60 percent cut?

    • Dole upheld a mild 5 percent loss; a 60 percent loss may turn pressure into compulsion
    • Dole forbids any conditions on grants, so any condition on the grants would fail
    • Dole turned on the drinking age, so just drinking-age laws may be made conditions
    • Dole requires the condition to be unrelated to the money, so a curfew law fails

15. Use this

    Rule from New York v. United States (1992) and Printz v. United States (1997), in our words: Congress may not order a state legislature to pass a law, and may not order state officers to carry out a federal program. Congress may regulate private parties directly, if it has a power to do so, and may offer money with conditions. Case TH (made-up): Congress orders every state legislature to pass a law creating its own hazardous-waste program.

16. 8.

    Bo reads card N and case TH. What is the result of Congress's order to the state legislatures?

    • Allowed, since the supremacy clause makes any federal order binding on state legislatures
    • Not allowed, and Congress may not regulate private waste firms directly either
    • Not allowed; Congress may not order a state legislature to pass a program
    • Allowed if Congress calls the order a regulation of interstate commerce

17. Use this

    Rule from New York v. United States (1992) and Printz v. United States (1997), in our words: Congress may not order a state legislature to pass a law, and may not order state officers to carry out a federal program. Congress may regulate private parties directly, if it has a power to do so, and may offer money with conditions. Case TI (made-up): Congress writes a rule that applies directly to private waste firms in all the states.

18. 9.

    Ari reads card N and case TI. Is Congress's rule on private waste firms allowed?

    • Yes, but solely if each state legislature agrees to it first and passes a matching law
    • No; waste is a state matter, so just states may regulate private firms
    • No; any federal rule that touches state interests commandeers the state in some way
    • Yes, if within a power such as commerce; Congress may regulate private firms directly

19. Use this

    Rule from New York v. United States (1992) and Printz v. United States (1997), in our words: Congress may not order a state legislature to pass a law, and may not order state officers to carry out a federal program. Congress may regulate private parties directly, if it has a power to do so, and may offer money with conditions. Case TJ (made-up): Congress orders county sheriffs to run a federal program that checks the records of people who apply for a national license.

20. 10.

    Esme reads card N and case TJ. Congress orders county sheriffs to run a federal records program. Is that allowed?

    • No, but solely if the state pays the sheriffs' salaries and not the county
    • No; Congress may not order state or local officers to run a federal program
    • Yes, since sheriffs are not legislators, so card N does not cover them
    • Yes, since officers swear an oath under Article VI to support the Constitution