What is Federalism? In-class Activity

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

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

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

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

Here are your instructions: Refer to "Affordable Care Act" for a breakdown of your overall instructions for this exercise: 1. Prepare yourself by reading the background information provided by Ms. Hansbury (from Wikipedia). 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 to the Constitution. 3. Read the Supreme Court decision in McCulloch v. Maryland and Gibbons v. Ogden to understand some precedent for this case. 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 Ruling from NY Times). With whom do you agree? Why? 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. Use the arguments to gain perspective for and against arguments in this case and record your notes in the chart (teacher will hand out). Devise your constitutionally-based arguments based on the basic facts of the case. We will discuss them in class tomorrow.