UNIT 4 AMERICAN GOVERNMENT

LESSON 26 PAGES How does American Federalism work? Objective: Explain how American federalism involves divided sovereignty and an ongoing effort to balance power between the national and state governments. Explain the function of three basic kinds of local governmental units- counties, municipalities and special districts.

What is the constitutional status of state governments? Constitution created a new national government, but it left, or “reserved” many governmental powers to the states. ( Amendment 10 specifically) Federalists 45- Madison argues that to power of the states would “extend to … ordinary course of affairs, concerns of life, liberties, properties, internal order, improvement and prosperity of the state”.

What is the constitutional status of state governments? Important role in structure and operation of the national government. Article VII- 9 states to ratify the Constitution Article I – House of Representatives and Senate- voted on by people in their states Electoral College

What is the constitutional status of state governments? Constitution doesn’t plainly identify, but suggests powers left to the states. List of 8 powers states do NOT have. Article I, Section 10. Tax or duties on exports Titles of nobility *list of 8 implies that states CAN DO what is not prohibited.

What is the constitutional status of state governments? “Reserved Powers”- 10 th Amendment – called “police powers”. Enact legislation protecting health, safety, welfare and morals. Operating schools, executing criminals, civil law, zoning regulations.

How are state governments organized? ALL have constitutions. ALL have Bill of Rights, usually at the beginning of their constitutions. ALL have 3 branches: executive, legislative, judicial. Some legislative bodies are called assemblies Most meet annually.

How are state governments organized? Legislative: MOST are bicameral Nebraska- unicameral ALL- have both houses based on population as the Supreme Court has ruled. Enact laws on speed limits, crimes, health care, educations, land use, environmental protection, and licensing of professionals: teachers, doctors, lawyers, beauticians and morticians.

How are state governments organized? Executive: Governor- head executive Usually 2-4 year terms Can be reelected at least once Most have lieutenant governors Collectively employ more than the US gov’t US- 3M States/Local- 15M

How are state governments organized? Judicial: Trail and appellate courts Some judges are elected, others are appointed Many courts, but state supreme court has the final say on the state constitution.

How are state governments organized? Creation of local governments: State constitutions give legislative power to create local governments The receive charters to carry out a wide range of governmental responsibilities Local governments’ laws are called ordinances Most local officials are elected 3 broad categories of local governments.

How are state governments organized? Counties: (parishes- LA and borough- Alaska) Record keeping- births, deaths, land transfers Administration of elections, voter registration Construction and maintenance of roads Collection of state and local taxes Maintenance of courts, courthouses and jails ,345 counties in the US.

How are state governments organized? Municipalities: (cities and townships) Serves urban areas Small towns to big cities Provides: police, fire protection, water and sewer systems Zoning and building code enforcement Hospitals, libraries, streets and parks ,933 municipalities in the US

How are state governments organized? Special districts: operate independently from other local governments Usually created to provide only one or a few services in a specific geographic area Operate schools or provide water and national resource conservation, fire protection usually in rural areas. Libraries, transportation, cemeteries and emergency services ,506 school districts 35,052 other special districts

How have state constitutions changed? Since 1776, state constitutions have been replaced with new ones 144 times. Louisiana has had 11! Only 18 of the original constitutions remain. Amendments- either referred by state legislature or places on ballot (imitative process). Much larger than the US Constitution. Avg 26,000 words US- 8,700 words.

How does American Federalism work in practice? Regulation of commerce: Article I Section 8, Clause 3- US Constitution gives Congress the power to regulate interstate commerce. States- power to regulate commerce in their own state borders. Supreme Court has ruled that Congress has the power to regulate local activities if it has “a substantial effect on interstate commerce”

How does American Federalism work in practice? Grant-in-aid programs: Mid 1800s, national government began giving money grants to states to help with programs ranging from transportation to welfare. States submit plans for how to use the money (often having to match funds with state dollars). For many years, these grants enabled the national and sate governments to work in relative harmony (called “cooperative federalism”

How does American Federalism work in practice? Great depression changed federalism profoundly: People looked to the national government to solve problems. Previously used state governments and charities. STRINGS ATTACHED- states must follow congressional policies and rules by the national bureaucracy National government has been able to influence state policy making by giving or with holding money. Examples: Speed limits, state standards testing.

How are state “laboratories of democracy”? Experiments in some states serve as a laboratory to the other states. Example: Wyoming let women vote before the 19 th Amendment Initiative, referendum, recall

How are state “laboratories of democracy”? Initiative, referendum, recall; Began during Progressive Era SD was the first state to permit the initiative. Direct initiative- an individual or a group proposes and drafts a law or amendment; gathers the needed signatures and it is places on the ballot Indirect initiative- proposal first goes to the legislature, if the legislature rejects the proposal or takes no action, then it goes on the ballot.

How are state “laboratories of democracy”? Referendum- a measure approved by the legislature, placed on the ballot for popular vote. Recall- removing elected officials from office

How are state “laboratories of democracy”? Environmental protection: countries have ratified or accepted the Kyoto Accords International treaty aimed at reducing the level of carbon dioxide and give other greenhouse gases in the air. Our government did not agree to the treaty, but seven northeastern states entered into an initiative aimed at achieving most of the emission standards California- 1 st state to impose a cap on the emission of carbon dioxide and other gases.

How are state “laboratories of democracy”? Health care: By mid-1990s, soaring health care costs and increasingly large numbers of people without insurance--- became a major issue of public concern. Congress passed the Affordable Health Care Act to help the crisis. Some states believe that Congress has exceeded it’s constitutional power. Debates continue.

FINISHING UP! Reflect! Study for your test!