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.”
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About the inquiry
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.
1
Supporting QuestionHow are federal and state powers constitutionally delineated?
Formative TasksResearch and annotate a Venn diagram illustrating the unique and shared powers of the state and federal government.
SourcesSource A: Venn diagram on federalism
Source B: Excerpts from United States Constitution
Source C: Excerpts from New York State Constitution
2
Supporting QuestionWhat do experts say about the balance of power between the state and federal government?
Formative TasksWrite 1–2 sentence summaries of experts’ arguments on the balance of power between the state and federal government.
SourcesSource A: Featured articles by political experts debating the role of state and federal government
3
Supporting QuestionHow are public attitudes toward federalism changing?
Formative TasksConduct a class survey that mirrors the Pew and Cato public-attitude surveys and discuss the results.
SourcesSource A: Excerpt from Views of Government: Key Data Points
Source B: Excerpt from Public Attitudes toward Federalism
4
Supporting QuestionShould state government have the power to legislate what is best for its citizens?
Formative TasksDevelop a claim about whether state government should have the power to decide what is best for its citizens.
SourcesPossible 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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