Civic Literacy Curriculum
Question 59: Under the United States Constitution, some powers belong to the states. Which of the following is one of those powers?
Q59: Under the United States Constitution, some powers belong to the states. Which of the following is one of those powers?
A. Provide safety
B. Issue a driver’s license
C. Provide schooling and education
D. All of the above
Background
Under our Constitution, most political powers belong to the states. As the Tenth Amendment makes clear, unless a political power is given to the federal government, it is assumed to remain with the states. This broad authority to regulate on behalf of the health, welfare, safety, and morals of the people is called the police power.
Thus, the states retain authority over issues such as:
- protecting the public health
- providing safety and protection (such as police and fire departments)
- providing schooling and education
- regulating zoning and land use
- administering most licenses, such as business, marriage, and driver’s licenses.
The state police power is wide-ranging, but there are still limits on it: a state’s use of its police powers cannot violate either the federal Constitution or the restrictions in a state’s own constitution.
Adult Learners
Introduction
This activity offers students the chance to learn about the authority of the state governments by looking at the classic Supreme Court discussion of the police powers, in the case of whether a state has authority to use its power to regulate health to mandate vaccines. In this activity, students will read a short history of the local government ideas at the Founding and sections of that case and annotate them, noting words or section that either stand out to them or that they have questions about.
Preparation
Provide each group with Federalism
Provide each group with a copy of Jacobson v. Massachusetts
Optional: provide each group with a copy of the Federalist on Federalism
Required files
Instructions
- Divide the class into groups of 3-4 based on the students’ individual levels. Group A is the group that needs some extra support. Group B is the core group that has the core knowledge to complete the activity. Group C is the enrichment group that has mastered the material. Group C students are prepared to extend their knowledge. Each group should have at least one student from Group A, one from Group B, and one from Group C.
- If students are in pairs rather than groups, divide them based on ability as well, pairing those who need support (Group A) with those who have core knowledge and/or have mastered the material (Groups B and C).
- Provide each group/pair with a copy of Jacobson and the history of Federalism. Consider providing the Federalist on Federalism.
- Explain that they are to read the document and each group member should annotate their copy.
- Tell students to write at least three questions and three comments/observations. The notes should be written in the margins of the document provided. Examples of questions:
- Are there any limits that exist on the police power?
- What does “license” mean?
- Examples of comments:
- It’s interesting that the judges, in that case, don’t think the preamble matters when deciding the powers or liberties in the Constitution.
- They clearly do not want the judges deciding whether states are making good or bad decisions.
- Emphasize that there is no “wrong” question or observation and encourage them to write down any question or observation that comes to mind, even if they go over the required total.
- Tell students to write at least three questions and three comments/observations. The notes should be written in the margins of the document provided. Examples of questions:
- Provide the groups/pairs with time to annotate and discuss; 15-20 minutes depending on the class and the amount of content to annotate.
- Circulate and talk briefly with each group. If they are having trouble coming up with questions or observations, then ask questions to stimulate their conversation.
- At the end of the activity, facilitate a class discussion, allowing the students to lead with the questions and comments/observations that they wrote in the margins.
- You may wish to include a discussion on how the Articles and the Constitution are different. A copy of the Constitution is included so that you can use it to expand the discussion.
Discussion Prompts
Below are two discussion prompts that can be used by teachers in a classroom setting.
- The first discussion prompt will be one that is designed to support students that are not really understanding the content in a way that would help them to answer the test question.
- The second discussion prompt will be one that is designed to further student understanding of the content by making real-world connections, including connections to current events and historical events.
Background
The argument over the division of power between the states and the federal government is older than the nation itself. Under the Articles of Confederation, the states enjoyed almost all of the power, but the result was a federal government too weak to defend the country. Recognizing the dangers of this overly weak federal government, some authority was shifted from the states to the central government, better balancing the Union while retaining the bulk of state authority.
Prompt 1
While the Founding Fathers knew that a sufficiently strong central government was important, they also knew that the states needed to retain most of their authority. As a result, they made sure that all those powers not listed directly in the Constitution as federal in nature would be retained by the states. Can you name one of those powers? Why do you think that it is important for states to retain most of the power in our system?
Prompt 2
How much power belonged to the states versus the federal government has been a topic of discussion -- and a point of contention -- from the beginning. Why do you think that this is so? Why might states be so determined to protect their sovereignty and maintain their power? How might doing so protect liberty? What would be some advantages of local government? Use current and past events to help support your answer.
K-2 Lesson
State Government
By Haley Smith
Lesson Summary: Students will compare and contrast the federal government to the state government by using a venn diagram.
Primary Sources: The Federalist Papers, Venn Diagram
Learning Objectives: Students will compare and contrast the federal government to the state government by using a venn diagram.
Grades 3-5 Lesson
State Government Powers
By Chelsea Reynolds
Lesson Summary: In this lesson, students will understand and identify what powers belong to the state governments, as outlined in the US Constitution. Students will be broken up into groups and given one of five public policy areas for state governments, and they will work together with their group to research the powers that each state has in this area and create a short presentation about their assigned policy area. Student groups will present their findings to the rest of the class when they have completed their research.
Primary Sources: The U.S. Constitution
Learning Objectives:
- Students will understand what powers belong to the state governments.
- Students will be able to explain the importance of these powers.
Grades 6-8 Lesson Plan
Who’s got the power?
By Kristy James Kuehn
Lesson Summary: Students will be able to see the 10th amendment in action. Students will learn about different levels of government and who has the power to make decisions at each level by playing the “Who’s Got the Power” game.
Learning Objectives: Students will learn about the 10th amendment. Students will understand the difference between enumerated, reserved, and concurrent powers by playing the “Who’s Got the Power” game.
High School Lesson Plan
Understanding State Powers in the U.S. Constitution
Objective:
Students will be able to identify and explain the powers belonging to the states as described in the United States Constitution.
Assessment:
Students will complete a short essay where they identify at least three powers reserved to the states, provide examples of each, and explain their significance in the context of federalism.
Key Points:
- Reserved Powers: Powers not specifically granted to the federal government are reserved for the states under the Tenth Amendment.
- Examples of State Powers: States have the power to regulate education, conduct elections, and establish local governments.
- Federalism: The division of power between the national and state governments, highlighting the importance of state authority.
- Concurrent Powers: Powers that are shared by both the federal and state governments, such as the ability to tax.
- Limitations on State Powers: States cannot make treaties, coin money, or grant titles of nobility.
Opening:
- Begin with a thought-provoking question: "If you were a state governor, what powers do you think would be most important to manage your state effectively?"
- Engage students by having them brainstorm a list of responsibilities they believe a state government should handle.
- Share responses and highlight the variety of opinions to illustrate the importance of state powers.
Introduction to New Material:
- Provide a brief lecture on the Tenth Amendment and its role in defining state powers.
- Use a visual aid (e.g., a chart) to map out the powers of the state versus federal government.
- Facilitate a discussion about how state powers impact daily life (e.g., education, transportation).
- Common Misconception: Some students might think that states have more power than the federal government; clarify that federalism creates a balance of power.
Guided Practice:
- Divide students into small groups to examine specific state powers listed in the Constitution.
- Each group will select a power, research its significance, and prepare to present it to the class.
- Scaffold questioning:
- Easy: What is the name of the power your group is studying?
- Moderate: Why do you think this power is important for state governance?
- Hard: How does this power relate to federal involvement in the same area?
- Monitor group discussions and provide support as needed, ensuring all students contribute.
Independent Practice:
- Students will write a short essay (2-3 paragraphs) identifying three powers reserved to the states.
- They must provide an example for each power and explain its significance in the framework of federalism.
- Set clear expectations for essay structure, including an introduction, body paragraphs, and a conclusion.
Closing:
- Conduct a class discussion where students share one key takeaway about state powers that surprised them.
- Use an exit ticket where each student writes down one power of the states and its significance.
Extension Activity:
- Students who finish early can create a visual infographic that illustrates the powers of the states versus the federal government, highlighting examples and key concepts.
Homework:
- Assign students to research a current event related to state powers and prepare a brief presentation for the next class. They should consider how the event demonstrates the relevance of state powers today.
- Or they could complete the attached worksheet
Standards Addressed:
- C3 Framework for Social Studies State Standards: D2.Civ.7.9-12.
- National Council for the Social Studies (NCSS) Standard: VI. Power, Authority, and Governance.