Federalism: expressed, implied, reserved and concurrent powers

Grade 12 Social Studies Worksheet - Building Confidence

Circle the best answer.

1. Read this first

   Use this

   Chart P, Powers of two levels (our words). Nation alone: coin money; make treaties with other nations; declare war; run the post office. Both levels (concurrent): collect taxes; borrow money; set up courts; make and enforce laws. States alone (reserved): license drivers; set up local governments; set most rules for public schools. Denied to the states: coin money; make treaties. Implied powers: powers that follow from the listed ones through the necessary and proper clause. Case S1 (made-up): The Linden city council sets the opening hours of a city library.

2. 1.

   Ari reads chart P and case S1. Whose power is it to set a city library's hours?

   • No level, since chart P does not list libraries among the powers of the nation or the states
   • The nation's alone, since public libraries receive national grants for books and buildings
   • Both levels, since the chart lists making and enforcing laws as a concurrent power of both
   • The states'; local governments and their rules come through the state

3. Use this

   Chart P, Powers of two levels (our words). Nation alone: coin money; make treaties with other nations; declare war; run the post office. Both levels (concurrent): collect taxes; borrow money; set up courts; make and enforce laws. States alone (reserved): license drivers; set up local governments; set most rules for public schools. Denied to the states: coin money; make treaties. Implied powers: powers that follow from the listed ones through the necessary and proper clause. Case S3 (made-up): The nation and the state of Linden each tax the income of the same worker.

4. 2.

   Esme reads chart P and case S3. The nation and Linden both tax the same worker's income. Is that allowed?

   • No; just one level may tax a person, so one of the two taxes must be void
   • Yes; collecting taxes is a concurrent power, so both levels may do it
   • No; taxing belongs to the nation alone, and states are limited to borrowing money
   • Yes, but solely because Linden's tax is smaller than the nation's tax on the worker

5. 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 S4 (made-up): The state of Corvin passes a law making its own treaty with a foreign country.

6. 3.

   Jun reads Article I, Section 10 and case S4. What stops Corvin's treaty with a foreign country?

   • Nothing, since treaties are not among the powers the chart denies to the states
   • The necessary and proper clause, which forbids any state action the nation might later need
   • The Tenth Amendment, which lists treaties among the powers that belong to the nation
   • Article I, Section 10, which bars any State from entering a treaty

7. 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 S5 (made-up): The state of Linden sets the minimum age for a driver's license.

8. 4.

   Kira reads the Tenth Amendment and case S5. Which text best supports Linden setting the driver's license age?

   • No text, since chart P shows licenses but the Constitution says nothing that could support it
   • The Tenth Amendment, which reserves undelegated, not-forbidden powers to the states
   • Article VI, which makes each state's laws supreme within its own borders
   • Article I, Section 10, which lists the powers that the states are allowed to use

9. Use this

   Chart P, Powers of two levels (our words). Nation alone: coin money; make treaties with other nations; declare war; run the post office. Both levels (concurrent): collect taxes; borrow money; set up courts; make and enforce laws. States alone (reserved): license drivers; set up local governments; set most rules for public schools. Denied to the states: coin money; make treaties. Implied powers: powers that follow from the listed ones through the necessary and proper clause. Case I (made-up): Congress has the listed powers to raise and support armies and to provide a navy. It then sets up an air force, which the Constitution does not list.

10. 5.

    Luz reads chart P and case I. What makes the air force a power of Congress?

    • It is reserved, since the Constitution does not name an air force and so leaves it to the states
    • It is implied: it follows from listed powers through the necessary and proper clause
    • It is expressed, since each power the nation uses must be written in the Constitution
    • It is concurrent, since the states also keep their own militias for defense

11. Article VI (quoted in part)

    "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Case S7 (made-up): A valid national law sets a minimum safety standard for ladders. A Linden law sets a lower standard for the same ladders. A seller in Linden asks which applies.

12. 6.

    Milo reads Article VI and case S7. A national ladder standard and a lower Linden standard clash. Which applies?

    • Both apply, so the seller in Linden may choose to follow the lower standard
    • The Linden law, since it was passed later and later laws replace earlier laws
    • The Linden law, since the Tenth Amendment keeps product safety with the states
    • The national law, since valid national law is supreme over a conflicting state law

13. Article VI (quoted in part)

    "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Case S8 (made-up): A Linden judge finds that a Linden statute clashes with a valid treaty of the United States.

14. 7.

    Noah reads Article VI and case S8. A Linden judge finds a Linden statute clashes with a valid treaty. What must the judge do?

    • Choose between them, since Article VI binds legislators and not judges
    • Follow the treaty, since treaties are part of the supreme law and judges are bound
    • Follow the Linden statute, since a Linden judge applies Linden law before any other
    • Wait for Congress to repeal the statute before the judge may apply the treaty

15. Use this

    Chart P, Powers of two levels (our words). Nation alone: coin money; make treaties with other nations; declare war; run the post office. Both levels (concurrent): collect taxes; borrow money; set up courts; make and enforce laws. States alone (reserved): license drivers; set up local governments; set most rules for public schools. Denied to the states: coin money; make treaties. Implied powers: powers that follow from the listed ones through the necessary and proper clause. Case S9 (made-up): Linden borrows money to build a bridge. In the same year the nation borrows money to build a dam.

16. 8.

    Pia reads chart P and case S9. Why is Linden's bridge loan not a clash with the nation's dam loan?

    • Borrowing is an implied power, so it needs no clause and cannot conflict with another
    • The nation's borrowing is supreme, so Linden may borrow solely with Congress's permission
    • Borrowing is a concurrent power, so both levels may do it at once
    • A bridge is a local project, and chart P reserves local projects to the states

17. 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." Student note (made-up): "The Tenth Amendment gives states every power the nation does not use."

18. 9.

    Tala reads the Tenth Amendment and note S10. Which statement is right about what the amendment does?

    • The student is right; any power Congress leaves unused falls to the states
    • It reserves to the states powers neither given to the nation nor denied to them
    • The student is wrong; the Tenth Amendment says nothing about powers of the states
    • The student is wrong; the Tenth gives states just the powers in Article I, Section 10

19. Use this

    Chart P, Powers of two levels (our words). Nation alone: coin money; make treaties with other nations; declare war; run the post office. Both levels (concurrent): collect taxes; borrow money; set up courts; make and enforce laws. States alone (reserved): license drivers; set up local governments; set most rules for public schools. Denied to the states: coin money; make treaties. Implied powers: powers that follow from the listed ones through the necessary and proper clause. Student note (made-up): "States may do anything that is not listed under 'Nation alone'."

20. 10.

    Zee reads chart P and note S11. What does the chart show about the student's claim?

    • The claim is right, but each state action needs Congress's approval first
    • The claim is right, since the chart lists just national powers and leaves the rest open
    • Not so; states may do just the things listed in the "States alone" box
    • Not so; states are denied some actions, such as coining money