Grade Level: 10-12
Time Required: One class period
Historical Thinking Skill: Analysis
Objective: Students will learn about the purpose and limits of the 10th Amendment to the United States Constitution.
Synopsis: Students need to understand the limits of the powers of the federal government. One such limit is derived from the 10th Amendment, which preserves certain powers for the states and the people not granted to the United States government.
Required Materials:
10th Amendment from the Bill of Rights
"Necessary and Proper" Clause
Warm-up:
Ask students to create lists of the powers held by the federal government and the powers held by the states. Explain to students concept of federalism, and how this founding principles is embedded in the United States Constitution.
Before reading the texts, ask students if they can foresee any challenges with dividing power between the states and federal government.
If time permits, ask students to identify and explain one instance from contemporary history in which power between the two could be shared and one instance in which power could not be shared. For example, the government's role in environmental issues.
After students have read the two texts, ask them to answer the discussion questions below:
- In your opinion, who should have more power, the federal government or the states? Use examples from history to support your argument.
- Restate the 10th amendment in your own words
- Identify and explain the purpose of the 10th Amendment
- Summarize the necessary and proper clause in your own words.
- Identify and explain the purpose of the clause in your own words
- How have the powers of the federal government changed over time? Identify and explain three examples of the changes in the power of the federal government
- How have the powers of the states changed over time? Identify and explain three examples of the changes in the power of the states.
- To what extent is this power balance between the states and federal government contradictory? How did the founders understand this potential contradiction?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.