Federalism: How the Constitution Divides Power
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This is a paper civics investigation about federalism — the way the U.S. Constitution divides government power among a national government, the state governments, and powers the two levels share. You will read short summaries written for this packet, study a diagram, examine a short public-domain constitutional excerpt, and answer questions using a pencil. You do not need a computer, a textbook, or the internet — everything you need is printed in this packet. Work by yourself and do your best thinking. Write in complete sentences where you are asked to explain. If a question is hard, skip it, keep going, and come back. Reading the passages quietly aloud to yourself is allowed and encouraged. Keep your answers non-partisan and grounded in the text and examples — describe how power is structured, not which political party or side you prefer.
Standard (~50 min): read Sources A–B and do Questions 1–10, then the CER in Question 11. Block (~90 min): also read Source C and complete the block add-ons marked [BLOCK], including the extended writing in Question 11.
Start Observe a Source 5 min
In a federal system, power is not held by one government alone; it is divided and shared between a central government and smaller regional governments. Warm up before you read.
1Read this short public-domain excerpt, then answer below.
Public-domain text — the Tenth Amendment to the U.S. Constitution (ratified 1791), quoted in full: "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."
Type: primary source, public domain (text of the U.S. Constitution) · Creator: the framers / ratified by the states · Date: 1791 · This is the complete text of the amendment.
Notice: Write one thing you notice about who gets the powers that are not given to the national government ("the United States").
Predict: Based only on this sentence, predict one kind of decision you think a state might get to make instead of the national government.
2Before reading the sources, why do you think a country might choose to divide power between a national government and state governments instead of giving it all to one? Give one reason in your own words.
Build Read the Sources 10–15 min
Source A — How federalism divides power (written for this packet)
The United States uses federalism: a system in which a single country contains two levels of government — one national (also called federal) government and many state governments — and the Constitution decides which level may do what. Powers fall into three groups.
Delegated (national) powers. These are powers the Constitution gives to the national government. Examples include coining money, declaring war, raising and maintaining armed forces, running the postal system, and regulating trade between the states and with other nations. Because these jobs affect the whole country, the framers assigned them to one central government so the states would act as one nation.
Reserved (state) powers. These are powers kept by the states. The Tenth Amendment says that powers not given to the national government, and not forbidden to the states, are "reserved to the States." Examples commonly include running public schools, issuing driver's and marriage licenses, conducting elections, and setting up local governments. States handle many day-to-day matters closest to residents.
Concurrent (shared) powers. Some powers are held by both levels at the same time. Examples include the power to tax, to build roads, to borrow money, to make and enforce laws, and to set up courts. Both a state and the national government can, for instance, collect taxes.
Why it is set up this way. The framers had recently broken away from a distant central power and worried that one all-powerful government could threaten liberty. By dividing power between national and state levels — and by sharing some of it — they aimed to keep any single government from becoming too strong, to let states meet local needs, and still to keep the country unified on national matters.
Type: original explanatory summary · Focus: delegated, reserved, and concurrent powers under U.S. federalism
Source B — A short constitutional excerpt (public domain)
This excerpt is genuine public-domain text from the U.S. Constitution. It is the opening of the list of powers given to Congress (the national legislature):
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States…" —U.S. Constitution, Article I, Section 8
Type: primary source, public domain (U.S. Constitution, Article I, Section 8) · Creator: the framers, ratified by the states · Only the opening portion is shown (…).
Word Bank
- federalism
- a system dividing power between a national government and state governments.
- delegated power
- a power the Constitution gives to the national government (also called an enumerated power).
- reserved power
- a power kept by the states, per the Tenth Amendment.
- concurrent power
- a power held by both the national and state governments at the same time.
- national government
- the central (federal) government of the whole United States.
- state government
- the government of an individual state.
- Supremacy Clause
- Article VI text making valid national law the supreme law where it conflicts with state law.
- ratify
- to formally approve, as the states approved the Constitution and its amendments.
- cause
- a reason something happens; it comes before an effect.
- effect
- a result or consequence of a cause.
- fact
- a statement that can be checked and shown true or false.
- interpretation
- an explanation of what evidence means; reasoned from facts.
- opinion
- a personal belief or preference; not proven by evidence.
3Using the diagram, list one power from each column.
National: ______________________________
Concurrent (shared): ______________________________
State: ______________________________
Apply Analyze the Sources 20–25 min
4Classify the powers. Write N (national), S (state), or C (concurrent/shared) next to each example power. Use Source A and the diagram.
____ a) Coin (print) money
____ b) Run public schools
____ c) Collect taxes
____ d) Declare war
____ e) Issue driver's and marriage licenses
5Source analysis. Look back at the Article I, Section 8 excerpt in Source B and answer.
What does it establish? Which branch of the national government does this text give powers to?
Purpose: Name one specific power this excerpt says Congress "shall have."
Type of source (primary or secondary? public domain?): ____________________
6Why the framers divided power (cause and effect). Use Source A to complete the chain. Write one item on each blank so it reads from cause to dividing power to effects.
| Cause (a framer worry) | → Divide power | → Effects (name two) |
|---|---|---|
| a) ____________________ | Power is split between national and state levels, and some is shared | b) ____________________ c) ____________________ |
Hint: Source A's last paragraph names a worry (one all-powerful government) and the goals of dividing power (limit any one government, meet local needs, stay unified).
7Explain a cause-and-effect chain. In 2–3 sentences, use Source A to explain why the framers divided power: name one cause (a worry or goal) and one effect that dividing power was meant to produce.
8Fact, interpretation, or opinion? Write F (fact you can check in the sources), I (interpretation reasoned from facts), or O (opinion / personal belief).
____ a) The Tenth Amendment says powers not given to the national government are reserved to the states.
____ b) The framers probably divided power partly because they feared one government becoming too strong.
____ c) State governments are more important than the national government.
____ d) Both the national and state governments can collect taxes.
9Evaluate a claim using the sources. A student claims: "Only the national government is allowed to tax; states cannot tax at all." Do the sources support this claim?
- Yes — Source A lists taxing as a national-only (delegated) power.
- No — Source A lists taxing as a concurrent power, held by both the national and state governments.
- The sources never mention taxes.
Explain your choice using one detail from Source A or Source B:
10[BLOCK] Read the scenario. Skip this if you are doing the standard version. Using Source C, explain in one or two sentences what happens when a valid national law and a state law genuinely conflict on a matter the national government may regulate — and name the clause that settles it.
Explain Claim–Evidence–Reasoning 10–20 min
Question 11 — Build a source-based argument.
Scenario: A state government sets the rules for its public schools and issues driver's licenses, while the national government coins the money everyone uses and both governments collect taxes. How does this scenario reflect federalism? Write a claim that states how the scenario shows federalism, support it with two pieces of evidence from the sources or diagram, then explain your reasoning. Ground your answer in the text and examples, not in opinion.
Sentence stems you may use: "This scenario reflects federalism because power is divided into ______." · "One piece of evidence is… (from Source A / B or the diagram)." · "A second piece of evidence is…" · "This evidence supports my claim because…"
If you are doing the ~90-minute block, extend your argument on the lines below using Source C. (1) Describe a situation where a valid national law and a state law conflict on a matter the national government may regulate. (2) Explain which level's law generally controls in that conflict, name the clause that settles it, and explain how this still fits a federal system in which states keep their reserved powers.
Close ACE Wrap-Up 5 min
In your own words, explain what federalism is, as if teaching a friend who missed today.
Point to one national power and one state power from the diagram or Source A, and name a power that is shared by both.
Name one everyday thing in your life (for example a license, a school, or money) and say whether a national or state government mainly handles it, and why.
Continue Early Finisher optional · ~15 min
Sort three more powers. On the back of this page, decide whether each of these belongs to the national, state, or concurrent column, and give a one-line reason for each using Source A: (1) running the postal system, (2) conducting elections, and (3) borrowing money. Use only the sources and the diagram.