Unit Four Lesson 26 How does American Federalism work?
The Constitutional Status of State Governments Under the Articles of Confederation, STATES were the highest power Under the Constitution, the FEDERAL GOV’T was the highest power Created FEDERALISM in the “POWERS RESERVED TO THE STATES” States play an important role in the structure and function of both state and federal government 9 States had to ratify the Constitution Representation in the House based on state population Senate was originally designed to be the voice of the states in the federal government Powers DENIED the states separate the functions of the two levels of government The 10 th Amendment was also known as “Policing Powers” because is implied that the enforcing of laws would be left up to the states
How are state governments organized? Bill of Rights All 50 states have Bills of Rights in the Constitutions Contain many of the same rights, often plus other rights Three Branches Legislative (law making body) – most powerful branch Meet annually or biennially Most are bicameral Executive – intentionally weak in many states Governor is the CEO (most serve 4 year terms, like the Pres) Execute the business/laws of the states Judicial – power over STATE laws 3 tier system of justice
State Governments Creation of Local Governments Counties – recordkeeping, elections, maintenance, tax collection Municipalities – police & fire protection, water/sewer systems, zoning, hospitals, libraries, roads, parks Special Districts – schools, water, fire, libraries, transportation, cemeteries, emergency services
Changes in State Constitutions Written as territory became a state Often amended or rewritten, as times change Referendum – Placed on ballot by state legislature for voter approval Initiative – Placed on ballot by petition of registered voters
Does Federalism Work? Regulation of Commerce The Constitution gives Congress power to regulate commerce between states States retain power to regulate trade WITHIN their borders These two powers can come into conflict with each other (Drugs) Grant-in-Aid Programs Money given by federal government to the states Submit plans for use of money (financial aid) “Strings Attached” – government will give money for specific uses ($$ for roads – federal speed limits)
States as “testing grounds” States can choose to try new, innovative government programs (ie-women voting WY) INITIATIVES/REFERENDUM/RECALL Initiative: In the beginning, the people did not trust state governments to listen to the people so they created a method for the people to put something on the ballot without going thru the state legislature Referendum: Placing a measure on the ballot after the state legislature has approved it Recall: the process of removing a state elected official from office. California removed their governor in 2003 and replaced him
States as “testing grounds” Environmental Protection Many states have passed rules to protect the environment beyond those of the federal government EX – California just passed a law that says by 2025, 1 out of every 7 cars sold must be fully electric Health Care Soaring health care costs have many states addressing the issue Congress recently passed a national health care program But, some states had some type of state health care system well before the federal government did MASS has a universal health care system that the “Obamacare” system is patterned after