How does American Federalism Work? LESSON 26

State Governments After the Revolution the states were the only units of government for a short period of time. This importance did not change. States would retain their sovereignty, freedom, and independence even after the ratification of the new Constitution.

States reserve the right to create laws not already delegated to the federal government. Powers that states do not have: Creation of treaties Grant titles of nobility Pass laws that impair the obligation of contracts

10th Amendment of the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States” Many state powers are inherent (so basic you don’t even have to write them down) These are also known as reserved/police powers at the state level

Police Powers: Laws that protect the health, safety, welfare, and morals of those within its jurisdiction. Creating and operating public schools, making and executing criminal and civil laws, land use regulation (zoning) The U.S. Constitution is still the supreme law of the land. (Supremacy Clause)

Organization All states have their own individual Constitutions Nearly everyone of them have their own Bill of Rights Many are identical to the national B.o.R. Some include the right to work and receive an education

Three Branches of Government Legislative: Some states refer to the legislative branch as the assembly Some state legislatures only meet every other year Many are bicameral (two houses) Nebraska is one Both houses of legislature are based on population

Legislature at the state level focus on local issues: speed limits, protection of the environment, licensing of professionals Executive Branch: Largely the same as the national level. A lieutenant governor is similar to the vice president. Judicial Branch: May have local courts, such as the justice-of-the-peace, and municipal courts. Trial and Appellate courts at the state level

Government The U.S. government employs nearly three million people State and local governments employ roughly 15 million people

Creation of Local Governments Just like the national government delegates power to the states, states give power to local governments in the same regard Local laws are called ordinances Counties: 3,034 nationwide. Do many minor administrative duties

Municipalities: (City/Township) Provide protection through the police and fire department. Water, sewer, libraries, hospitals, etc Special districts: Those that operate for a specific area; school districts

Facts State Constitutions have been changed thousands of times. Louisiana has had 11 different Constitutions Average State Con. = 26,000 words U.S. Con. = 8,700

Who has the power? States or national? Commerce: Congress has power to regulate interstate commerce, but states can regulate within their own borders

Gonzalez v. Raich In eleven states medical marijuana is legal when used to ease pain The federal government did not pass a law that made this illegal. However, anyone that uses marijuana is still open to prosecution by the US Drug Enforcement Administration ????????????????????

Grant-in-aid-programs The government often gives funds for social welfare causes. Social Security Highways Education Often, the state is required to comply with their demands in order for the states to receive money.

N.C.L.B. Example: No Child Left Behind Act The government will give funds for educational purposes. However, if the schools do not meet their annual test goals, then they could lose funding. Many states have sued over the legality of the situation

States set the example States often act as the ‘laboratory’ Many states will often attempt new ideas that the national government has not attempted Wyoming: Gave women voting rights well before 1900 (women could vote nationwide in 1920)

Initiative, referendum, recall Direct initiative: Individuals or groups can come together and propose laws or amendments. If a certain number of signatures is brought together, then the proposal will go to a popular vote Indirect initiative: Simple proposal that goes through the common process

Referendum A measure that has been approved by legislature can also be put to popular vote among the people

Recall The process of removing an official from office Can be done through petitioning and a popular vote. California recalled their governor in 2003