MR. HALEY
AMERICAN GOVERNMENT
NAME______________________________
CASE STUDY
OBJECTIVES: The students will be able to:
 Explain the concept of American Federalism
 Analyze contemporary issues under federalism principles
 Explain the role of the US Supreme Court as the Umpire of
Federalism
PART I – INSTRUCTIONS: You are to give your opinion to the following statements. Mark
each statement with “yes” or “no”. You are to go on your instincts as each of these statements
involves some aspect of Federalism.
HINT: Federalism is a constitutional principle in which the power of government is divided
between the levels of government with each level having direct authority over the people.
1. Does the federal government have the power to enact a law that would result in the
creation of a national drinking age of 21 years?
2. Does the federal government have the power to make the possession of a gun on school
grounds a federal crime?
3. Does one state have the power to amend its state constitution to place a limit on the
number of terms that a member of the US House and US Senate from that same state may
serve?
4. Does one state have the power to make the use of marijuana legal for recreational or for
medical purposes when there is a federal law which makes marijuana illegal?
5. Does the federal government have the power to tell private business owners that they
cannot discriminate against people on the basis of race, sex, national origin or religious
beliefs?
6. Does the federal government have the power to pass a law which gives women who were
victims of domestic abuse the right to sue those responsible in federal court?
7. Does a state government have the power to pass a law which limits a women’s right to
make private medical decisions about her body?
8. Does a state have the right to pass a law banning a specific medical procedure for an
abortion?
9. Does a state or city have the right to pass a law banning the sale and possession of guns?
10. Does the federal government have the right to pass a law that limits how much money
private groups or organizations can spend on an election campaign?
INSTRUCTIONS – PART 2 – Collaborative Exercise
1.
2.
3.
4.
Divide the students into small groups of 2 or 3.
Assign each group one case study to review and complete using the federalism analysis
Each group completes the analysis through the last question in class.
Then for homework, the students check their opinions against that of the US Supreme
Court using oyez.org
5. Then the next day, each group reports back on their case study issue. Engage the class in
a discussion of each topic with the end result being that the students understand that
ultimately the USSC tells us what the Constitution and Federalism mean and that they
can see the connection to the importance of ideology and the judicial nomination power
of a President.
6. As the case study reports proceed, the class fills in the final chart so that they know the
law in each case.
MR. HALEY
AMERICAN GOVERNMENT
NAMES____________________________
CASE STUDY ANALYSIS
INSTRUCTIONS PART 2: Working in teams of two, you are to analyze one of the
questions above and decide whether such a law would be constitutional. In essence you are
going to be acting as a Justice on the US Supreme Court exercising the power of Judicial
Review. Use the analysis set out below.
Federalism Case Analysis – Follow the steps below when looking at your case study.
Facts: Whether the US Congress had the power to make a law creating a national bank?
Step 1 – Is there an express power set out in Article 1 giving Congress this power? If yes,
then the law is constitutional. If no, then proceed to step 2.
Step 2 – Is it proper under Article I, Section 8, Clause 18, the Necessary and Proper
(Elastic) Clause which says that Congress can do everything necessary and proper to
carry out its express powers?
In order to fit under these Implied Powers, the law must be reasonably connected to some
express power. List any express powers that might come into play.
Is the need for a national bank reasonably connected to these express powers?
If the Federal Bank is legal, can a state government tax the federal bank like any other
business operating within its borders?
McCulloch v Maryland 1819
Facts of the Case
In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of
Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of
the Baltimore branch of the bank, refused to pay the tax.
Question
The case presented two questions: Did Congress have the authority to establish the federal bank?
Did the Maryland law taxing the federal bank unconstitutionally interfere with congressional
powers?
Decision: 7 votes for McCulloch, 0 vote(s) against
Legal provision: US Const. Art 1, Section 8 Clauses 1 and 18
In a unanimous decision, the Court held that
1st - Congress had the power to incorporate the bank - Chief Justice Marshall noted that
Congress possessed unenumerated (IMPLIED) powers not explicitly outlined in the Constitution.
The case turned on the interpretation of Article I, Section 8, Clause 18 “The Necessary and
Proper Clause” (a/k/a The Elastic Clause).


Chief Justice John Marshall pointed out that while the word “bank” did not appear in
Congress’s enumerated powers, the creation of a bank was a means of executing its listed
powers: “Although, among the enumerated powers of government, we do not find the
word ‘bank,’…we find the great powers to lay and collect taxes; to borrow money; to
regulate commerce…”
The ruling’s description of what kind of actions can be justly implied, however, restricts
the scope of the Necessary and Proper Clause to those laws that are “within the scope of
the constitution, and all means which are appropriate, which are plainly adapted to that
end, which are not prohibited, but consist with the letter and spirit of the constitution…”
2nd - Maryland could not tax instruments of the national government employed in the execution
of constitutional powers. CJ Marshall also held that while the states retained the power of
taxation, "the constitution and the laws made in pursuance thereof are supreme. . .they control
the constitution and laws of the respective states, and cannot be controlled by them." Marshall
said “The power to tax is the power to destroy” so this would violate Article VI the Supremacy
Clause.
McCulloch v. Maryland (1819)
State Taxes, National Supremacy
Excerpts from the Court Decision
1. ". . . Although, among the enumerated powers of government, we do not find the word "bank"
or "incorporation," we find the great powers to lay and collect taxes; to borrow money; to
regulate commerce; to declare and conduct a war; and to raise and support armies and navies
. . . But it may with great reason be contended, that a government, entrusted with such ample
powers . . . must also be entrusted with ample means for their execution. The power being
given, it is the interest of the nation to facilitate its execution. . . . " —Chief Justice John
Marshall
2.
“But the constitution of the United States has not left the right of congress to employ the necessary means, for the
execution of the powers conferred on the government, to general reasoning. To its enumeration of powers is added,
that of making "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 thereof."
3.
“. . . Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate,
which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the
constitution, are constitutional. . . “
4.
“. . . This great principle is, that the constitution and the laws made in pursuance thereof are supreme; that they
control the constitution and laws of the respective states, and cannot be controlled by them. “
5.
“. . . That the power to tax involves the power to destroy. . . . If the states may tax one instrument, employed by the
government in the execution of its powers, they may tax any and every other instrument. They may tax the mail;
they may tax the mint; they may tax patent-rights; they may tax the papers of the custom-house; they may tax
judicial process; they may tax all the means employed by the government, to an excess which would defeat all the
ends of government. This was not intended by the American people. They did not design to make their government
dependent on the states. . . “
Use the following list of express powers for the national government contained in Article I
Section 8 and Article VI, the Supremacy Clause of the US Constitution.
Article I Section 8.
The Congress shall have power to lay and collect taxes, to pay the debts and provide for the common
defense and general welfare of the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and
measures;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two
years;
To provide and maintain a navy;
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.
Article VI - 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, anything in the Constitution
or laws of any State to the contrary notwithstanding.
NAMES___________________________________________________________________
CASE STUDY 1 – Whether the US Congress can pass a law which says that any state that does
not raise the drinking age to 21 years will lose 5% of their federal highway funds? (Please note
that this 5% loss of funds would total millions of dollars)
Federalism Case Study Analysis
1. What are the goals of this federal law?
Answers
Improve safety on our roadways by reducing
the number or people who may legally drink
alcohol and who then might drive while under
the influence.
Protect our young people from the evils of
alcohol
2. Is there an express power saying that
Congress could create a national
drinking age?
3. Are there any express powers that exist
which might be reasonably connected
to reducing the number of people who
are allowed to drink alcohol? List any
that you think might apply. (Necessary
and Proper Clause)
4.
Is the issue of a drinking age
qualification something that has been
historically viewed as a state reserved
power?
5. Is this law Constitutional? Give your
reasoning.
What was the decision of the US Supreme
Court in South Dakota v. Dole (1987)
See - http://www.oyez.org/
Yes under the 10th Amendment Reserved
Powers, the setting of an age at which people
can drink has always been the prerogative of
each state.
NAMES___________________________________________________________________
CASE STUDY 2 – Does the federal government have the power to make the possession of a gun
on school grounds a federal crime?
Federalism Case Study Analysis
1. What was the goal of this federal law?
2. Is there an express power saying that
Congress could make the possession of
a gun on school grounds a federal
crime?
3. Are there any express powers that exist
which might be reasonably connected
to making schools safer? List any that
you think might apply. (Necessary and
Proper Clause)
4.
Is the issue of education and school
safety something that has been
historically viewed as a state reserved
power?
5. Is this law Constitutional? Give your
reasoning.
6. What did the US Supreme Court say in
the case of United States v Lopez
1995?
http://www.oyez.org/
Answers
Make schools a safer place for children and for
education. Protect our kids.
NAMES___________________________________________________________________
CASE STUDY 3 – Does a state government have the power to amend its state constitution to
place a limit on the number of terms that a member of the US House of Representatives or US
Senate from that state may serve?
Federalism Case Study Analysis
1. What was the purpose of this law?
2. Is setting term limits for the federal
Congress typically a federal
government power?
3. Is the setting of term limits in a state
constitution typically a RESERVED
state power under the 10th Amendment?
4. Is this law Constitutional? Give your
reasoning.
5. What did the US Supreme Court say in
U. S. Term Limits v. Thornton 1995?
http://www.oyez.org/
Answers
Term Limits prevent lifelong politicians and
improve our democracy by opening up the
political system to a more diverse group of
people and will also control an abuse of power
that may develop when one person serves too
long in government.
NAMES___________________________________________________________________
CASE STUDY 4 – Does one state have the power to make the use of marijuana legal for either
medical or recreational purposes when there is a federal law which makes marijuana illegal?
Federalism Case Study Analysis
1. What is the purpose of the Controlled
Substances Act, a federal law which
makes marijuana illegal and punishable
as a federal crime?
2. What is the purpose of a state law that
makes marijuana legal?
Answers
Protect our citizens from the dangers of drugs
Medical benefits for people with severe
illnesses and pain.
Recreational ?
3. Is there an express power saying that
Congress could make the possession of
marijuana a federal crime?
4. Are there any express powers that exist
which might be reasonably connected
to protecting people from the evil weed,
marijuana? List any that you think
might apply. (Necessary and Proper
Clause)
5. Is the issue of medical treatment and
private criminal behavior something
that has been historically viewed as a
state reserved power under the 10th
Amendment?
6. Is the federal law constitutional? Is this
state law constitutional? Who wins?
Give your reasoning.
What did the US Supreme Court say in Gonzalez
v. Raich (2005)
http://www.oyez.org/
NAMES___________________________________________________________________
CASE STUDY 5 – Does the federal government have the power to tell private business owners
that they cannot discriminate against people on the basis of race, sex, national origin or religious
beliefs?
Federalism Case Study Analysis
1. What is the purpose of this federal law
(called the Civil Rights Act of 1964)?
2. Is there an express power saying that
Congress could prevent private acts of
discrimination?
3. Are there any express powers that exist
which might be reasonably connected
to protecting people from being
discriminated against? List any that
you think might apply. (Necessary and
Proper Clause)
4. Is the issue of private acts of
discrimination (private actions that do
not cross state lines) something that the
state governments control under the
10th Amendment?
5. Is this law Constitutional? Give your
reasoning.
6. What did the US Supreme Court say in
Heart of Atlanta Motel v US 1964?
http://www.oyez.org/
Answers
Protect the civil rights of all Americans. Stop
discrimination.
NAMES___________________________________________________________________
CASE STUDY 6 - Does the federal government have the power to pass the Violence Against
Women Act (VAWA) and give females who have been victims of violence (domestic abuse) a
right to sue those responsible in federal court?
Federalism Case Study Analysis
1. What is the purpose of this federal law
VAWA?
2. Is there an express power saying that
Congress could prevent private acts of
discrimination?
3. Are there any express powers that exist
which might be reasonably connected
to protecting people from being
discriminated against? List any that
you think might apply. (Necessary and
Proper Clause)
4. Is the issue of private acts of behavior
and violence that occurs solely within
the border of one state something that
the state governments control under the
10th Amendment?
5. Is this law Constitutional? Give your
reasoning.
6. What did the US Supreme Court say in
the case of United States v Morrison
1999?
http://www.oyez.org/
Answers
Protect women from violence and provide
them with federal remedies if they are subject
to violence
NAMES___________________________________________________________________
CASE STUDY 7- Does a state government have the power to pass a law which limits a
women’s right to make private medical decisions about her body (specifically that a women has
to have informed consent prior to an abortion, a 24 hour waiting period prior to the procedure,
parental consent for a minor to get an abortion, and spousal notification prior to an abortion)?
Federalism Case Study Analysis
1. What is the purpose of this state law?
2. What did the US Supreme Court say
about this “constitutional right” in Roe
v Wade?
http://www.oyez.org
3. Is the issue of medical supervision and
health care something that the state
governments control under the 10th
Amendment?
4. Is this law Constitutional? Give your
reasoning.
What did the US Supreme Court say in Planned
Parenthood of Southeastern Pennsylvania v.
Casey (1992)?
http://www.oyez.org
Answers
To limit the number of abortions that take
place and to provide women with information
about options and to protect minor’s from
serious medical issues and to protect the life of
a fetus
NAMES___________________________________________________________________
CASE STUDY 8 – Does a state have the right to pass a law banning a specific medical
procedure for an abortion (specifically a procedure known as Partial Birth Abortion)?
Federalism Case Study Analysis
1. What is the purpose of this state law?
2. What did the US Supreme Court say
about this “constitutional right” in Roe
v Wade?
http://www.oyez.org
3. Is the issue of medical supervision and
health care something that the state
governments control under the 10th
Amendment?
4. Is this law Constitutional? Give your
reasoning.
What did the US Supreme Court say in
Stenberg v Carhart 1999 and in Gonzalez v.
Carhart 2007?
http://www.oyez.org
Answers
To limit the number of abortions that take
place and to provide women with information
about options and to protect minor’s from
serious medical issues and to protect the life of
a fetus
NAMES___________________________________________________________________
CASE STUDY 9 – Does a state or city have the right to pass a law banning the sale and
possession of guns?
Federalism Case Study Analysis
1. What is the purpose of laws that ban
the sale and possession of guns?
2. Is there an express constitutional right
about guns?
3. Is the issue of protecting the health,
safety and welfare of its citizens
something that the state and city
governments control under the 10th
Amendment?
4. Is this law Constitutional? Give your
reasoning.
What did the US Supreme Court say in District
of Columbia v. Heller (2008) and in
McDonald v City of Chicago (2010)
http://www.oyez.org
Answers
Protection of victims of violent crimes
NAMES___________________________________________________________________
CASE STUDY 10 – Does the federal government have the power to pass a federal law that
limits the amount of money that private groups or organizations can spend to influence an
election?
Federalism Case Study Analysis
1. What is the purpose of this federal law?
2. Is there an express constitutional right
about donating money to campaigns?
3. Does the federal government have an
express power to regulate elections?
4. Is this law Constitutional? Give your
reasoning.
What did the US Supreme Court say in
Citizens United v FEC 2009?
http://www.oyez.org
Answers
To limit the amount of money that a group can
spend to influence an election campaign and to
protect the integrity of US elections.
NAME____________________________________
FEDERALISM CASE STUDY RESULTS
CASE STUDY
1. ALCOHOL
SUPREME COURT REASONING
South Dakota v. Dole (1987)
2.
GUNS
United States v Lopez 1995
3.
TERM LIMITS
4.
MARIJUANA
U. S. Term Limits v. Thornton 1995
No. The Constitution prohibits States from adopting Congressional qualifications in addition
to those enumerated in the Constitution. A state congressional term limits amendment is
unconstitutional if it "has the sole purpose of creating additional qualifications indirectly."
- Supremacy Clause Article VI
Gonzalez v. Raich (2005)
5.
CIVIL RIGHTS
Heart of Atlanta Motel v US 1964
6.
VAWA
United States v Morrison 1999
7.
ABORTION
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
8.
PARTIAL
BIRTH
ABORTION
Stenberg v Carhart 1999 and in Gonzalez v. Carhart 2007
9.
GUNS
10. CAMPAIGN
FINANCE
District of Columbia v. Heller (2008) and in McDonald v City of Chicago (2010)
Citizens United v FEC 2009