What is What is Federalism?Federalism?

In-class ActivityIn-class Activity

INTROINTRO

Embedded in the Constitution is the concept Embedded in the Constitution is the concept of of federalismfederalism, a system in which the national , a system in which the national and state/local governments exercise power. and state/local governments exercise power. Some of those powers are shared Some of those powers are shared ((concurrent powersconcurrent powers) while others reserved ) while others reserved solely to the national government solely to the national government ((delegated,delegated, express, express, oror enumerated enumerated powerspowers) or to the states () or to the states (reserved powersreserved powers). ). Then there are those Then there are those prohibited powersprohibited powers that the federal government (tax exports) or that the federal government (tax exports) or state governments (make treaties or declare state governments (make treaties or declare war) cannot exercise. war) cannot exercise.

INTROINTRO

The basic premise of federalism is The basic premise of federalism is simple: simple:

There are some things the national There are some things the national government can and should do and is government can and should do and is perhaps best suited for, while the states perhaps best suited for, while the states have their own important role to play. But have their own important role to play. But sometimes the interests and desires of the sometimes the interests and desires of the state and national government come into state and national government come into conflict, as there are not always clear lines conflict, as there are not always clear lines determining where the federal determining where the federal government's power stops and the states' government's power stops and the states' power (or power (or states' rightsstates' rights?) begins.?) begins.

Activity 1: Deciphering FederalismActivity 1: Deciphering Federalism

1. Using the federalism Ven Diagram and 1. Using the federalism Ven Diagram and the Constitution's the Constitution's Article I, Section 8Article I, Section 8 and and Article I, Section 10Article I, Section 10 as a guide, fill in the as a guide, fill in the diagram with a partner. Be prepared to diagram with a partner. Be prepared to discuss and defend your answers.discuss and defend your answers.

Making a Connection…Making a Connection…

2. Using as a guide the landmark 2. Using as a guide the landmark Supreme Court case Supreme Court case McCulloch v. MarylandMcCulloch v. Maryland (1819) that (1819) that shows the court's early interpretation of shows the court's early interpretation of federalismfederalism, , implied powersimplied powers ( (Elastic Elastic ClauseClause), and the ), and the Supremacy ClauseSupremacy Clause of the Constitution, you will dive into of the Constitution, you will dive into the 2011-2012 litigation concerning the the 2011-2012 litigation concerning the health care law signed by President health care law signed by President Obama in 2010.Obama in 2010.

Here are your instructions:Here are your instructions:

Refer to "Affordable Care Act" for a breakdown of your overall Refer to "Affordable Care Act" for a breakdown of your overall instructions for this exercise:instructions for this exercise:

1. Prepare yourself by reading the background information provided by Ms. 1. Prepare yourself by reading the background information provided by Ms. Hansbury (from Wikipedia). Hansbury (from Wikipedia).

2. Read the excerpts from the U.S. Constitution below and be able to explain 2. Read the excerpts from the U.S. Constitution below and be able to explain each of the excerpts to your partner. These will help you to relate the case each of the excerpts to your partner. These will help you to relate the case to the Constitution.to the Constitution.

3. Read the Supreme Court decision in 3. Read the Supreme Court decision in McCulloch v. Maryland McCulloch v. Maryland and and Gibbons v. Gibbons v. OgdenOgden to understand some precedent for this case. to understand some precedent for this case.

4. Read the summary of the arguments presented by each side, provided by 4. Read the summary of the arguments presented by each side, provided by Ms. Hansbury (article from USA Today, and the June 2012 Supreme Court Ms. Hansbury (article from USA Today, and the June 2012 Supreme Court Ruling from NY Times). With whom do you agree? Why? Ruling from NY Times). With whom do you agree? Why?

5. Write your decision – was this act Constitutional or not? Be sure to include 5. Write your decision – was this act Constitutional or not? Be sure to include at least one idea from each of the three excerpts from the U.S. Constitution.at least one idea from each of the three excerpts from the U.S. Constitution.

Use the arguments to gain perspective for and against arguments in Use the arguments to gain perspective for and against arguments in this case and record your notes in the chart (teacher will hand out). this case and record your notes in the chart (teacher will hand out).

Devise your constitutionally-based arguments based on the basic facts Devise your constitutionally-based arguments based on the basic facts of the case. We will discuss them in class tomorrow.of the case. We will discuss them in class tomorrow.