Inquiries Filed Under:

Federalism

About the inquiry

This inquiry leads students through an investigation of the perennial power struggle between federal and state governments to legislate. By investigating the compelling question “Who has the power?” students will consider the role of state government in initiating the best legislation for its citizens, even in cases where state law conflicts with federal law. In investigating evidence from historic and contemporary sources, students develop an interpretation of federalism and begin to evaluate both the historic and contemporary arguments and issues that are, in the words of Chief Justice John Marshall, “perpetually arising, and will probably continue to arise, as long as our system shall exist.”

Compelling Question

Who Has the Power?

Staging Question

Watch a seven-minute clip about Brittany Maynard and discuss the issue of assisted suicide in the United States.

Supporting Question

How are federal and state powers constitutionally delineated?

Formative Tasks

Research and annotate a Venn diagram illustrating the unique and shared powers of the state and federal government.

Sources

Source A: Venn diagram on federalism Source B: Excerpts from United States Constitution Source C: Excerpts from New York State Constitution

Supporting Question

What do experts say about the balance of power between the state and federal government?

Formative Tasks

Write 1–2 sentence summaries of experts’ arguments on the balance of power between the state and federal government.

Sources

Source A: Featured articles by political experts debating the role of state and federal government

Supporting Question

How are public attitudes toward federalism changing?

Formative Tasks

Conduct a class survey that mirrors the Pew and Cato public-attitude surveys and discuss the results.

Sources

Source A: Excerpt from Views of Government: Key Data Points Source B: Excerpt from Public Attitudes toward Federalism

Supporting Question

Should state government have the power to legislate what is best for its citizens?

Formative Tasks

Develop a claim about whether state government should have the power to decide what is best for its citizens.

Sources

Possible case study sources for the following issues: • Legal Drinking Age • Environmental Protection

Summative Performance Task

Argument: Who has the power? Construct an argument (e.g., detailed outline, poster, essay) that addresses the compelling question using specific claims and relevant evidence from contemporary sources while acknowledging competing perspectives.

Extension: To better understand the local community context, poll school and neighborhood populations on a controversial issue (e.g., same-sex marriage, legalized marijuana) and who has the power to legislate it.

Taking Informed Action

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