Civics EOC Reporting Category Reporting Category 4 – Organization and Function of Government Suggested Time Frame Two 45-50 minute class periods Civics Content Vocabulary concurrent powers, delegated powers, enumerated powers, federalism, reserved powers, Supremacy Clause, and Tenth Amendment Instructional Strategies Direct instruction Reading of complex text Cooperative learning Materials Copies of the U.S. Constitution – for student use and to be projected on the board for the whole class () Student activity sheets Federalism Who Has the Power? Lesson Activities and Daily Schedule Please use the chart below to track activity completion. Day Task # Steps in Lesson Description Completed? Yes/No Day One Task 1 1-4 Hook Activity Task 2 5-10 Federalism Activity Sheet Task 3 11-14 Tenth Amendment Activity Task 4 18-20 Who Has the Power? Activity Day Two Task 4 18-20 Who Has the Power? Activity (continued) Task 5 21-23 Tenth Amendment Scenarios and the Supremacy Clause Task 6 24-27 Federalism and Limited Government Task 7 28 Checking for Understanding Essential Content Background This section addresses the following issues: Federalism in the U.S. Constitution Federal and state powers in the U.S. Constitution The Tenth Amendment A note on tax policy 1. Federalism in the U.S. Constitution
The framing of the U.S. Constitution was organized around the power of the national and state governments. The first national government formed by the colonists following independence in 1776 was the Articles of Confederation, which focused power at the state level giving little power to the national government. The problems experienced under the Articles of Confederation became evident soon afterward: no unified foreign policy, state governments working against one another when facing common concerns, and a lack of coordination among states and between the states and the central government. Adding to these concerns is that most of those attending the Constitutional Convention attended for the purpose of retaining the confederal system while addressing and fixing those factors that weakened it. James Madison worked with George Washington and Alexander Hamilton to shift the direction and purpose of the convention such that the final document, the U.S. Constitution, presented a federal structure. Federalism is a system of government in which power is divided and shared between the national, state, and local governments. This division of powers extends exclusive powers to the national government only (enumerated, also known as delegated), the state governments only (reserved), or to both (concurrent). Federalism is found throughout the U.S. Constitution. In the section that follows, specific powers relating to federalism found in the U.S. Constitution are presented and discussed. 2. Federal and state powers in the U.S. Constitution Article and Section in the U.S. Constitution Explanation of Power Example of Power Type of Power Article I, Section 4 (The Legislative Branch; elections) States organize elections although the federal government may set national standards The national government sets the date for presidential and congressional elections; the states may determine the date for scheduling primaries Concurrent Article I, Section 8 (The Legislative Congress, as the national Core powers of Congress include: Enumerated or delegated
Branch; powers of Congress) legislature, enjoys specific powers. Laying and collecting taxes Providing for the common defense Coining money Borrowing money on the credit of the U.S. Regulating commerce Establishing a uniform rule of naturalization Declaring war Raising and supporting armies and navies Article I, Section 10 (The Legislative Branch; restrictions on state power) The states are forbidden from engaging in certain activities State may not (partial list): Enter into treaties Coin money Keep troops during peacetime N/A; Article I, Section 10 restricts power; it does not extend power. Article II, Section 1 (Executive Branch; Electoral College) State legislatures determine the rules for appointing members of the Electoral College (the Electoral College elects the president). State legislatures give to each political party the power to select Electors from that party; all Electors are assigned to the party of the presidential candidate earning the most votes in that state (except Maine and Nebraska). Reserved Article III, Section 1 (Judicial Branch; creation of courts) Congress establishes courts inferior to the U.S. Supreme Court Congress created the federal appellate court system. Enumerated or delegated Article VI (Supremacy Clause) State law may not conflict with federal law Federal law mandates that no state may require residency exceeding 30 days for purposes of voter registration. N/A 3. The Tenth Amendment The Tenth Amendment was added to the U.S. Constitution as part of the Bill of Rights, which is comprised of the first ten amendments. The Tenth Amendment reads: 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.