This debate is still not settled today. Over time, the relationship between the people, the states, and the federal government has evolved. Often the loose- constructionist view of the Constitution has prevailed, resulting in the federal government assuming many powers that would probably be surprising even to the loose constructionists of 1819.

In this activity, you will examine three brief excerpts from documents relating to the evolution of the balance of power between the individual states and the federal government. The first excerpt is Article II of the Articles of Confederation, which went into effect in 1781. This was the first attempt by the new nation at establishing a national government. The Articles proved to be a failure and were replaced by the U.S. Constitution, which took effect in 1789. The second excerpt you will examine is the Tenth Amendment to the Constitution. The third excerpt is a passage from Article I, Section 8 of the Constitution, known as the "Necessary and Proper" clause.

Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.

1. This excerpt is from the Articles of Confederation, which were in effect from 1781 to 1789. According to this Article, if there are any powers not explicitly given to the national government, who has these powers?
    
2. If the Articles of Confederation were still in effect today, how might this Article restrict powers the federal government has? For instance, what are some things the federal government does now which could not have been "expressly delegated to the United States" in the Articles of Confederation because they involve changes over time in society or technology that the framers could not have foreseen?
    
3. Would it be better for the individual states to have the powers you thought of in Question 2, or is it better for the federal government to have them? Why?

1. Compare the text of Amendment X to the text of Article II of the Articles of Confederation. Both documents refer to the delegation of powers to the national government; in the first document, there is one word before the word "delegated" which is missing in Amendment X. What is that word, and how does its omission in Amendment X make its meaning different from Article II?
    
2. The Articles of Confederation were a failure and were abandoned largely because they established a central government that was too weak. Why do you think the people who drafted this Amendment, which was adopted as part of the Bill of Rights, omitted the word referred to in Question 1?

1. This section of the Constitution lists the powers granted to Congress. Section 18 has come to be known as the "necessary and proper" clause, or the "elastic clause". How could this clause, together with the Tenth Amendment, be interpreted to permit the federal government to create a national bank? Before answering this question, refer to the rest of Article I, Section 8, which lists the specific powers of Congress.
    
2. Taken together, do the Necessary and Proper Clause and the Tenth Amendment give too much power to the federal government? Explain your answer.

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Activities
    The Case

•	Federalism Activity
•	Powers of the Federal Government
•	You Make the Call: Using the Constitution to Decide the Outcome
•	Developing a Political Cartoon Based on the Decision

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    After the Case

•	Justifying the Implied Powers of the Federal Government
•	Chief Justice John Marshall's Legacy

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