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?

   • The states'; local governments and their rules come through the state
   • 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

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 S2 (made-up): Congress passes a law setting the value of a new national coin.

4. 2.

   Bo reads chart P and case S2. Whose power is it to set the value of a new coin?

   • Both levels, since both collect taxes and borrow money and so both handle money matters
   • The states', since the Tenth Amendment keeps money matters close to the people
   • The nation's, but a state may coin money too if Congress gives its consent first
   • The nation's alone, since states are denied the power to coin money

5. 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.

6. 3.

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

   • 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
   • No; just one level may tax a person, so one of the two taxes must be void

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

8. 4.

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

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

9. 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.

10. 5.

    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

11. 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.

12. 6.

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

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

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 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.

14. 7.

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

    • The national law, since valid national law is supreme over a conflicting state law
    • 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
    • Both apply, so the seller in Linden may choose to follow the lower standard

15. 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.

16. 8.

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

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

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 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
    • 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

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. 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.

20. 10.

    Ren reads chart P and case I. A classmate says every power Congress uses must be written word for word. What do the cards show?

    • Not so; implied powers follow from listed ones, as the air force follows from armies and a navy
    • Not so; Congress may do anything it judges useful, whether or not a listed power is involved
    • The classmate is right; implied powers are those that the states keep for themselves
    • The classmate is right; the air force was written into the Constitution under the listed army power