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1. Explain that the privileges and immunities clause is part
of the Constitution.
2. Explain that individual states must give citizens of all
other states the privileges and immunities they grant to
their own citizens, including the protection of law, the
right to engage in peaceful occupations, access to the
courts, and freedom from discriminatory taxes.
Topic: The Constitutional Structure of American Federalism
Learning Objective: LO 3.2: Diferentiate the powers the
Constitution provides to national and state governments.
Page Reference: 86
Skill Level: Understand the Concepts
Diiculty Level: Moderate
101. Explain decentralists’ view of the Constitution.
1. Note that decentralists view the Constitution as a
compact among several sovereign states that created the
central government and gave it limited authority.
2. Explain decentralists believe that the national
government should not interfere with states’ rights.
Topic: The National Courts and Federalism
Learning Objective: LO 3.3: Assess the role of the national
courts in deining the relationship between the national and
state governments, and evaluate the positions of decentralists
and centralists.
Page Reference: 90 – 91
Skill Level: Understand the Concepts
Diiculty Level: Moderate
102. Explain how the full faith and credit clause functions in
interstate relationships.
1. Explain that the full faith and credit clause requires
state courts to validate and enforce the civil judgments of
the courts of other states.
2. Explain that this clause does not require states to
enforce the criminal laws or legislation and administrative
acts of other states; in most cases, for one state to enforce
92
the criminal laws of another would raise constitutional
issues.
Topic: The Constitutional Structure of American Federalism
Learning Objective: LO 3.2: Diferentiate the powers the
Constitution provides to national and state governments.
Page Reference: 86
Skill Level: Understand the Concepts
Diiculty Level: Moderate
103. How do we know that the U.S. Constitution creates a federal
system of government? Cite speciic clauses or articles.
1. Explain that the word “federalism” does not appear
anywhere in the Constitution.
2. Explain that federalism is embodied in the Constitution
through its enumeration of powers for the federal
government, the Supremacy Clause, the Privileges and
Immunities Clause, and the description of the role of the
states in electing the members of the federal government.
Topic: The Constitutional Structure of American Federalism
Learning Objective: LO 3.2: Diferentiate the powers the
Constitution provides to national and state governments.
Page Reference: 81 – 82
Skill Level: Analyze It
Diiculty Level: Diicult
104. Using Hurricane Katrina as an example and referring to Figure
3.1 Number of Separate Governments in the Federal System,
explain why the division of power in federalism can make it
diicult for government to respond quickly to emergency
situations.
1. Describe why federalism creates a division of power.
2. Explain how that division of power creates state and
local law enforcement, ire, and other emergency services.
3. Analyze why having so many diferent agencies creates
diiculty in responding to emergencies.
Topic: Deining Federalism; The Constitutional Structure of
93
American Federalism
Learning Objective: LO 3.1: Interpret the deinitions of
federalism, and assess the advantages and disadvantages of the
American system of federalism; LO 3.2: Diferentiate the powers
the Constitution provides to national and state governments.
Page Reference: 78 - 79
Skill Level: Analyze It
Diiculty Level: Diicult
Essay Questions
105. Describe the Supreme Court’s decision in National Federation
of Independent Business, et al. v. Sebelius, and evaluate its
signiicance for federalism in the United States.
1. Identify this case as the one challenging the
constitutionality of the Afordable Care Act.
2. Describe the two legal questions—whether the
necessary and proper clause authorized the expansion of
Medicaid and whether the commerce clause provided the
authority to order individual Americans to buy health
insurance.
3. Explain the Supreme Court’s decision on both of these
questions. In the case of the irst question, the Court ruled
that states had to be given the option to accept federal
money or continue running the program as usual. In the
case of the second question, the Court ruled that the
commerce clause could not be used to force individuals to
purchase an unwanted product.
4. Evaluate the consequences of this decision for
American federalism. In particular, note that while the
Court upheld the Afordable Care Act, it still limited the
federal government’s authority over the states.
Topic: The National Courts and Federalism
Learning Objective: LO 3.3: Assess the role of the national
courts in deining the relationship between the national and
state governments, and evaluate the positions of decentralists
and centralists.
Page Reference: 89
Skill Level: Analyze It
94
Diiculty Level: Diicult
106. Explain how the federal government uses federal funding to
indirectly impose its will upon the states.
1. Explain that Congress lacks constitutional authority to
pass laws solely on the grounds that they will promote the
general welfare, but it can use its power to tax and spend
to create incentives that afect state action.
2. Deine types of federal funding to the states and the
ways in which the type of funding inluences the amount
of control the federal government has over the actions of
states receiving the money.
Topic: The National Budget as a Tool of Federalism
Learning Objective: LO 3.4: Analyze the budget as a tool of
federalism, and
evaluate its impact on state and local governments.
Page Reference: 91 – 94
Skill Level: Analyze It
Diiculty Level: Diicult
107. Explain why today’s federalism is or is not an efective form of
government for the United States. Be speciic in supporting your
argument.
1. Form a coherent argument with speciic support.
2. Explain that the United States has a large and
heterogeneous population with signiicant regional
diferences. A pro-federalist argument may state that the
federalist system allows a large and diverse population to
have unity without requiring uniformity; an anti-federalist
or earlier federalist argument might highlight a removed
or inefective federal bureaucracy or a failure to address
3. Address problem-solving by state and national
government.
4. Discuss issues of security and commerce.
Topic: The Politics of Federalism
95
Learning Objective: LO 3.5: Evaluate the current relationship
between the national and state governments and the future
challenges for federalism.
Page Reference: 95, 97 – 98
Skill Level: Analyze It
Diiculty Level: Diicult
108. How does federalism allow states to be laboratories of
democracy?
1. Explain why federalism creates space for state-level
experimentation.
2. Recall speciic examples of experimental programs
within the federal system.
Topic: Deining Federalism
Learning Objective: LO 3.1: Interpret the deinitions of
federalism, and assess the advantages and disadvantages of the
American system of federalism.
Page Reference: 78
Skill Level: Analyze It
Diiculty Level: Diicult
109. Discuss the Unfunded Mandates Reform Act of 1995. Why did
the federal government pass this law, and what impact has it had on
the relationship between the national government and the states?
Is this good policy? Why or why not?
1. Describe the requirements of the Unfunded Mandates
Reform Act.
2. Explain that this policy was created following protests
by state and local government oicials about the fact that
the federal government imposes mandates without
providing funding.
3. Note that the policy has been successful in stopping
mandates, but that Congress has been increasingly active
in telling the national bureaucracy what to do through
other communication.
4. Take a position on the reasonableness of this policy.
Topic: The National Budget as a Tool of Federalism
96
Learning Objective: LO 3.4: Analyze the budget as a tool of
federalism, and
evaluate its impact on state and local governments.
Page Reference: 95
Skill Level: Analyze It
Diiculty Level: Diicult
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