The power of the national government is The national government is also
further limited by the Bill of Rights. The Bill responsible for protecting the states, both
of Rights guarantees that the government
cannot interfere with basic liberties such as
freedom of speech and freedom of the press.
Limits on State Governments To prevent
conflict between the states and the national
government, Article I, Section 10, denies
specific powers to the state governments. For
example, states are not allowed to coin
money or tax imports and exports from
other states. States are also prohibited from
having their own armies, separately engaging
in wars, and entering into treaties with other
states or nations. If states did such things,
they would undermine national unity.
Powers Denied to Both Levels Other
powers are specifically denied by the
Constitution to both the national and state
governments. Neither level, for example, can
deny people accused of crimes the right to a
trial by jury or grant titles of nobility. The
Constitution also forbids both levels from
passing ex post facto laws, or laws made
“after the fact.” This protects people from
being convicted of an offense that was not a
crime at the time the offense was committed.
Summarizing What limits did the
Framers place on state governments?
Nation and State Relations
The Constitution does more than divide
government power. It also describes the re-
sponsibilities that the national government
and the states have toward one another.
American federalism might never have
worked had the Framers not included these
guidelines for interaction.
The Nation and the Fifty States The
Framers wanted to be sure that state
governments would themselves be republics,
democracies led by elected representatives of
the people. Toward this end, Article IV,
Section 4, of the Constitution states that the
national government must “guarantee to
every State in the Union a Republican form
of government.” In other words, the national
government will only officially recognize
representative state governments.
2010 1:57:33 PM
Critical Thinking: Identifying Problems and Solutions
Untitled-48 101
Conflict between Governments
1. Have students brainstorm to come up
with examples of conflicts between one
or more state governments and the federal
government, like those that have arisen over
environmental regulation. Create a class list
for all to see.
2. Organize the class into small groups, one
for each conflict. Have each group conduct
outside research to find out more about their
assigned conflict.
Untitled-1 101
from foreign invasion and domestic uprisings.
For example, when terrorists attacked the
World Trade Center in New York City and Reading Focus
the Pentagon in Washington, D.C., on
September 11, 2001, the national government
responded with military force to the crisis. The Limits of Power
In addition, the Constitution ensures that Define What is an ex post facto law?
the states be treated as equals by the national
a law made “after the fact,” allowing
government. The national government must
grant states equal representation in the a person to be convicted for an offense
Senate, and it cannot tax the people of one that was not a crime at the time it was
state more than another. Finally, although committed
the national government can admit new
states, it cannot split up states that already Recall Why are states prohibited
exist or change state boundaries in any way. from having their own armies? would
Relations between the States The undermine national unity
Constitution gives states the right to manage
affairs within their borders, and it also
encourages states to cooperate with one
another. Imagine the chaos that could result
Reading Focus
if states did not recognize each other’s laws.
A person could break a law in one state but
How does the Constitution guide the
escape punishment by fleeing to another
state. The Constitution was designed to
relationships between the nation and
prevent this from happening. Although state the 50 states? The national govern-
laws differ and states are not required to ment must guarantee a republican
enforce the criminal laws of other states, the form of government to all states, must
Constitution says that states are required to treat all states as equal, and can-
extradite, or return, a person charged with a
not split up states or change state
crime to the state in which the offense was
committed for prosecution. boundaries.
Article IV of the Constitution, often
referred to as the full faith and credit clause, Nation and State Relations
ensures that extradition can take place. Recall Why will the national govern-
Article IV requires that states give “full faith
and credit,” to the public acts, official records, ment only recognize state govern-
ments that are representative democ-
and judicial proceedings of every other state.
For example, this means that a contract racies? Article IV, Section 4, of the
signed in one state must be recognized and
honored by officials in other states. It also
Constitution specifies that the national
means that state drivers’ licenses are valid in government must guarantee to every
any state, from Maine to California. Similarly, state a republican form of government.
the full faith and credit clause ensures that if
you marry someone in one state, the other Describe What power did the
states must recognize that marriage. national government use to make
The Constitution also takes measures to treaties with Native American nations?
prevent states from discriminating against
the citizens of other states. It does this in a
Article I, Section 8
clause of Article IV, Section 2, that is often Evaluate Why do you think the
called the privileges and immunities clause. Constitution prohibits the national
government from splitting up states or
FEDERALISM 101
changing their boundaries? possible
answer—to help get large states such
as Virginia, Pennsylvania, and New
7/9/2010 1:57:33 PM
York to ratify the Constitution; to keep
Research Required At Level
peace among states
3. Have each group develop a detailed plan
for resolving the conflict. If legislation is
required, at which level should it be enacted,
the federal or state level?
4. Have volunteers from each group present the
plans to the class. Then discuss the plans for
dealing with conflicts.
Logical/Mathematical
Answers
Alternative Assessment Handbook: Rubric 35, Reading Check States may not coin
Solving Problems money, tax imports or exports, have
armies, or enter into treaties.
101
8/5/2010 2:21:17 PM