A look at Federalism: The Powers of National vs. State Governments
The Supremacy Clause & the 10th Amendment
PART I: Gathering information to understand federalism
Instructions: Read pp. 88-96 to answer the following questions. All questions should be
answered on loose leaf. Restate the subject of each question within your answers!!
1. Define “federalism” a system of gov in which constitution divides powers
between central and regional govs.
2. Why do you think the Framers of the Constitution decided upon a federalist
system of government instead of having only a National Government OR having
only State Governments? (Look for clues in the text about the benefits/pros of
having both kinds of government)
To prevent too much power being concentrated in the hands of 1; to allow local
decisions to be made according to local needs; States’ rights; allows for a National
Gov to take care of national needs like border protection, defense
3. Record the words of the 10th Amendment. What do you think they mean?
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.
States maintain authority and rights as long as power not explicitly given to the
National Gov or prohibited by the Constitution.
4. List 3 examples of laws that differ from State to State.
(Answers will vary) Marriage, liquor licensing, gas station rules, voter registration,
unicameral vs bicameral legislature, sales tax
5. Define “expressed powers” and provide 3 examples.
Those specifically written about (enumerated) in the Constitution and given to the
Congress: collect taxes, coin money, declare war, regulate interstate commerce…
6. Define “implied powers” and give 3 examples
Reasonably suggested by the expressed powers by virtue of “Necessary and Proper
Clause”: regulation of labor relations, building electric power dams, Interstate
highway system, laws about kidnapping, gambling
7. What does the “Necessary and Proper” Clause of the Constitution allow Congress
to do?
Make any laws necessary to carry out its powers/duties (which leaves a lot of
leeway!)
8. Define “inherent powers” and give 3 examples.
Powers that belong to the government by virtue of it being a government.
Regulation of immigration, deportation of illegals, acquire territory, grant
diplomatic recognition to other countries…
9. What are 5 examples of powers reserved to the States?
Regulation of marriage, liquor sales, prostitution, pornography, or gambling.
Regulations about liscensing and training of lawyers and doctors. Establishment of
public school systems.
10. Define “exclusive power”
Only that governmental body (National or State) has the right/power to do
something.
11. What does “regulation of interstate commerce” mean AND why is it important for
the regulation of interstate commerce to be exclusive to the National
Government?
Making laws that affect trade between State lines. This must be exclusive to the
National Gov or interstate trade would be very cumbersome!
12. Define “concurrent power” and give 2 examples.
Power shared by both levels of government; levy taxes, borrow money, establish
courts, laws about crime
13. What is the “Supremacy Clause” and how does it affect State’s powers to make
and enforce laws?
Supremacy Clause is the part of the Constitution that states that any laws made by
Congress “trump” or are supreme to any laws made by States or local government.
A State law cannot violate or contradict a Federal law. Takes away some State’s
rights of self-determination.
Case 1: Defense of Marriage Act
In 1996, the Congress and President Clinton signed into law the Defense of Marriage Act.
It states:
1. No state (or other political subdivision within the United States) needs to treat a
relationship between persons of the same sex as a marriage, even if the
relationship is considered a marriage in another state.
2. The federal government defines marriage as a legal union exclusively between
one man and one woman.
QUESTION 1: In what ways does that law possibly contradict the following ideas?
Your textbook (on page 91) states, “Among the many powers not granted to the
National Government are the powers to…enact uniform marriage and divorce
laws…The Constitution says nothing that would give the National Government the
power to do any of these things…”
P 769 of text book (look in margins) explains the following clauses:
Article IV section 1 of the Constitution states: “Full Faith and Credit shall be given
in each State to the public Acts, Records, and judicial Proceedings of every other
State…”
Article IV section 2 of the Constitution states: “The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the several States.”
QUESTION 2: Regardless of whether you agree with the ideas expressed in the law, do
you think Congress and the President had the right/power to make the Defense of
Marriage Act? WHY?
Case 2: Local legalization of Marijuana
Within the last few years, city and State voters across the country have passed referenda
(laws that the public instead of the local or State legislature votes on in an election)
legalizing (or decriminalizing) the sales, distribution, and use of marijuana for medical or
recreational use. Federal law still lists marijuana as a schedule 1 narcotic, meaning it is
illegal and punishable at the same levels as possession and distribution of cocaine, crack,
meth, or ecstasy.
QUESTION 1: If a local or State law says that the local/State police will no longer arrest
people for sales or possession of marijuana, can the DEA (Drug Enforcement Agency) or
FBI (Federal Bureau of Investigation) still arrest and prosecute a person in that State for
marijuana distribution? WHY? (What power or Clause of the Constitution would
allow them to do so?)