Answer Key: Federalism β How the Constitution Divides Power
How to use this key
Answers are grouped by section and question number. Many items are open-ended; accept any response that shows correct reasoning even if the wording differs. Notes flag where more than one answer is defensible and list common misconceptions to watch for. Everything students need is in the packet, so answers should draw on the sources and diagram only. Items marked [BLOCK] apply only to the ~90-minute version. Estimated grading time: ~6β8 min per packet.
Start Observe a Source grade for effort Β· ~2 min
1 Notice + predict from the Tenth Amendment.
2 Why divide power between national and state governments.
Build Read the Sources ~1 min
3 One power from each diagram column.
Concurrent (shared): collect taxes / build roads / borrow money / make and enforce laws / set up courts.
State (reserved): run public schools / issue licenses / conduct elections / set up local governments.
Any one correct item per column earns full credit.
Apply Analyze the Sources ~3β4 min
4 Classify the powers (N / S / C).
b) Run public schools β S (state/reserved).
c) Collect taxes β C (concurrent/shared).
d) Declare war β N (national/delegated).
e) Issue driver's and marriage licenses β S (state/reserved).
These map directly to Source A and the diagram. No partial-credit alternates: these five are established, neutral textbook examples.
5 Source analysis of the Article I, Section 8 excerpt.
Purpose / one power named: to "lay and collect Taxes, Duties, Imposts and Excises," to pay debts, or to provide for the common defense and general welfare β any one power quoted or paraphrased from the excerpt is fine.
Type of source: a primary source that is public domain (the text of the U.S. Constitution). Full credit if identified as primary.
6 Why the framers divided power (cause β divide β effects).
Effects (any two): keep any single government from becoming too strong; let states meet local needs; keep the country unified on national matters. Any valid cause plus two valid effects earn full credit.
7 Explain the cause-and-effect chain (why divide power).
8 Fact (F) / Interpretation (I) / Opinion (O).
b) I β a reasoned "probably" conclusion about the framers' motives.
c) O β a personal value judgment ("more important"); cannot be proven.
d) F β checkable in Source A (taxing is a concurrent power).
Fact = checkable; interpretation = reasoned from facts (often "probably/because"); opinion = personal belief or ranking.
9 Evaluate the claim "only the national government can tax."
10 [BLOCK] Read the scenario (Source C).
Explain CER (Q11) ~2β3 min
11 How does the scenario reflect federalism? (source-based argument)
Sample: "This scenario reflects federalism because power is divided by level. Evidence 1: the state sets school rules and issues licenses β these are reserved (state) powers (Source A / diagram). Evidence 2: the national government coins the money, a delegated (national) power, while both collect taxes, a concurrent power. Reasoning: because each level does the jobs the Constitution assigns it β and some jobs are shared β the scenario matches the national/state/concurrent structure of federalism."
Defensible alternates: any accurate mapping of the scenario's examples to delegated, reserved, and concurrent categories, with two supported pieces of evidence and sound reasoning, earns full credit. Do not reward answers that confuse federalism with separation of powers (branches within one government) or that use no packet evidence.
[BLOCK] extended writing: full block credit requires (1) a described situation where a valid national law and a state law conflict on a matter the national government may regulate, and (2) a correct statement that national law generally controls via the Supremacy Clause / Article VI, framed so it still fits a federal system where states keep reserved powers.
CER scoring rubric (3 points)
| Score | Claim | Evidence | Reasoning |
|---|---|---|---|
| 3 | States that the scenario shows federalism β power divided among national, state, and shared levels β clearly stated. | Two accurate, relevant pieces from the sources or diagram (correctly categorized). | Explains why the evidence fits the federal structure; accurate and on-topic. (Block: adds a national-vs-state conflict resolved by the Supremacy Clause.) |
| 2 | Names federalism / divided power, mostly clear. | One solid piece, or two with a minor mis-categorization. | Some correct linkage but incomplete or a small misconception. |
| 1 | Vague, or confuses federalism with separation of powers. | Evidence weak, off-topic, or not from the packet. | Little or flawed reasoning; no clear tie between evidence and claim. |
| 0 | No/incorrect claim. | No evidence. | No reasoning. |
Close ACE ~1 min
ACE Articulate / Connect / Extend.
Connect: the cited items must be correctly categorized β e.g., national: coin money / declare war; state: run schools / issue licenses; shared: taxing / building roads. Grade whether each is placed in the right column.
Extend: any reasonable everyday example placed at the right level with a sensible reason (e.g., "a driver's license β my state issues it, a reserved power"). More than one answer is defensible; grade the reasoning.
Continue Early finisher (optional)
EF Sort three more powers, with a reason each.
Watch Common misconceptions
- Federalism vs. separation of powers. Federalism divides power between levels of government (national and state). Separation of powers divides power among the three branches (legislative, executive, judicial) within a single government. Q11 and the ACE Connect target this; watch for students describing branches when the item asks about levels.
- "States have no power." Not true β the Tenth Amendment reserves powers to the states, and they run many day-to-day matters (schools, licenses, elections, local government). Q1, Q3, Q4, and Q9 reinforce that states hold real reserved powers.
- "Only the national government taxes." Taxing is a concurrent power held by both levels (Q9). Source B's Article I taxing power does not make it exclusive to Congress.
- Delegated vs. reserved vs. concurrent. Coining money and declaring war are delegated (national); schools and licenses are reserved (state); taxing and roads are concurrent (shared). Q4 and Q3 target correct sorting.
- Fact vs. interpretation vs. opinion (Q8). A "probablyβ¦because" motive statement is an interpretation; a value ranking ("states are more important") is an opinion.
- Non-partisan framing. Keep discussion on how power is structured and shared; avoid tying examples to any party or current political dispute. Source C is a neutral, invented scenario, not a real case.
Teacher follow-up based on likely errors
If many students confuse federalism with separation of powers (Q11), do a quick "levels vs. branches" contrast on the board. If Q4 shows sorting trouble, re-anchor with the three-column diagram and a few extra example powers. If Q8 reveals fact/interpretation/opinion confusion, revisit the Word Bank definitions with examples. If the CER (Q11) evidence is thin, model naming a specific example power and labeling it delegated, reserved, or concurrent. The highest-value idea to revisit is that federalism divides power among national, state, and shared levels β and that states hold real reserved powers, while some powers (like taxing) belong to both.