1. State

2. Bell-Work
What state has only one legislative house?
Nebraska

3. State Power:
Got a Reservation

4. States Have Power
If you’ve ever been to a wedding, you probably heard the officiant wrap things up by saying, “By the power vested in me by the State of _________, I now pronounce…” The person performing the wedding got the power to perform weddings from the state. But where did the state get the power to give that power?

5. Little Countries?
If you look up “state” in the dictionary, one of the definitions will sound a lot like the definition for “country”. That’s because state is another word for country or nation. A state is a political unit that has the authority to govern itself. The United States is a group of states that decided to unite themselves under a single government. When states do that, they are not considered countries. And yet… they have their own governments. And they have their own power. The Constitution treats states partly as if they were independent countries and partly as small units within one big country. It lets states have power to do a lot of things, but it gives some powers only to the federal government.

6. Hey—That’s Reserved
The Constitution gives a specific list of powers to the federal government. But even if you read the entire Constitution, you won’t find a list of powers for states. Instead, it reads: “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.” Delegated means assigned or given. Reserved means set aside for. So under the Constitution, if a power isn’t specifically given to the federal government, it’s a power set aside for the state—unless the Constitution says it’s something states aren’t allowed to do. There are no reserved powers for the federal government. It only has the powers the Constitution says it has.

7. Aw, That’s No Fun
So what can’t states do? You might want a cool title, like Sir Brandon or Princess Kaitlyn, but you won’t be getting one from your state government— it’s not allowed. Granting titles of nobility is one of many things the Constitution says states can’t do. (It’s also something the federal government can’t do.) Other no-no’s include things that would interfere with the federal government’s ability to exercise its own powers. These are things like making treaties with other countries or starting a war. The Constitution also says “no” to states causing problems with other states. For example, a state can’t charge taxes on goods brought in from other states.

8. Go For It!
So what powers have the green light for states? That’s like saying you can’t have pizza, tacos, or mac & cheese for dinner—now go list everything you can have. There are lots of powers the Constitution doesn’t say anything about at all. There’s nothing about education, health care, fire protection, police, marriage, driver’s licenses, how many dogs you can have, what happens to your stuff when you die, or whether skateboards are allowed at the park. State and local governments have the power to make rules about all that and much, much more. They exercise this power by adopting constitutions of their own and by passing their own laws.

9. Share and Share Alike
What if the Constitution says the federal government can do something but doesn’t say states can’t do it? Does this mean that both can? Shared powers are called concurrent powers. Concurrent means “at the same time”. States can’t share a power the Constitution gives only to the federal government. And if sharing a power would cause conflict, then the power can’t be shared. Concurrent powers include: collecting taxes, running a court system, enforcing laws, and borrowing money.

10. Speaking of Local Governments…
The Constitution says nothing about counties, cities, towns, boroughs, or any other small unit of government. It’s up to states to decide what kinds of smaller governments to create and what powers those local governments will have. States rely on local government to deliver certain kinds of services to people. That’s because the smaller the unit of government, the closer that government is to the people. States also give local governments the power to make their own decisions about things like whether your dog needs to be on a leash or whether UglyMart can build a 100-foot purple store downtown. Local governments are also usually empowered to collect property and sales taxes.

11. State Power and Federal Funding
Sometimes the federal government would like to pass a nationwide law, but because of the state/federal power split, it can’t. But in some cases, it can influence states to change their own laws. This is because, over time, cash-strapped states have become more and more dependent on federal money in order to provide services to state citizens. One example is federal highway funds. Years ago, research showed many fatal accidents were caused by young people who had been drinking. The federal government didn’t have the power to raise the drinking age—so in 1984 it told states they would not receive highway funds unless they raised the state drinking age to 21. All the states have complied.

12. Exit Slip
On a sheet of paper write copy the following table and then answer the questions.
Make sure you have a full heading. Answer the questions as best as you can.
What do you know about states’ powers?
What do you want to still learn about states’ powers?
What did you learn about state’s powers? (Summarize)

13. Before you go… Make sure the classwork is handed in.
Complete and hand in the exit slip.

14. Bell-Work Name the states that touch Kentucky’s borders. Illinois
Indiana
Missouri
Ohio
Tennessee
Virginia
West Virginia

15. The Great State

16. State Government: Sound Familiar
State governments work almost exactly like the federal government. There are three branches of government: an executive branch, a legislative branch, and a judicial branch. At the state level, the head of the executive branch is called the governor. Every state except one, Nebraska, has a bicameral legislature, meaning that the legislature is made up of two chambers. In most states, the chambers are called the Senate and the House of Representatives. A state’s judicial branch normally includes a high court, often called the Supreme Court, and a system of lower courts. These lower courts include trial courts and appeals courts.

17. State Government: Sound Familiar - Continued
A state’s three branches interact just like the three branches at the federal level. The purpose of having three branches is to balance power so that no one branch or person becomes too powerful. The state’s legislature passes laws. A state’s governor can veto laws that are passed, and a state’s high court has the power to decide whether state laws violate the state’s constitution.

18. The State Legislative Branch
The state legislature is the state’s lawmaking body. The state’s legislators are the state’s lawmakers. Each state is divided into legislative districts that contain roughly the same number of citizens (constituents). Citizens in each district elect representatives to serve in the state legislature. That means the state legislators represent the citizens who live in the district. This way, the interests of people in different parts of the state can be represented when state laws are being considered.

19. The State Executive Branch
The head of a state’s executive branch is the state governor. The governor is like the “president” of a state and has similar powers, such as the power to veto bills passed by the state’s legislature. A state’s executive branch also includes many departments. States usually have their own departments of education, transportation, health, and other services. These departments carry out the laws passed by the state’s legislature.

20. The State Judicial Branch
At the state level, like the federal level, cases start in a trial court. In many states, the trial-court level is called the superior court. States also have appeals courts where people can fight a trial court’s ruling. And, of course, every state has a high court. A state’s high court reviews the decisions made by lower courts, supervises the other court, and interprets the state constitution as it applies to the laws. State judicial branches also include a level of courts below the trial courts. These courts handle thousands of smaller issues that come up every day, such as traffic tickets and minor crimes called misdemeanors.

21. State Laws
The state legislature is a state’s lawmaking body. But in all states, the “law of the land” is the state constitution. Just like the U.S. Constitution, a state’s constitution describes how the state’s government must operate. It may also include other laws, such as requiring a free education for state citizens. In addition to the state constitution and the state legislative branch, there are usually other ways that laws can be made in a state. In many states, the initiative process allows citizens to draft laws they would like to see adopted. If citizens collect enough signatures, the law will be placed on the ballot for state citizens to vote on. The referendum process works the same way but is used to let citizens vote on a law already passed by the state legislature. However a state law is adopted, the law only applies inside the state.

22. Services, Services
State governments provide many services to state citizens. These include things like police, fire safety, child protective services, roads, schools, and parks. One of the biggest services is maintaining the state’s infrastructure – the basic support structures that serve a geographic area, such as transportation, communication, and power systems. All of these services cost money and are generally paid for with taxes collected from citizens. Usually, however, states cannot afford to provide all the services citizens need. Very often, states look to the federal government for help. The federal government gives states money in the form of grants, which are sum of money designated for a certain purpose such as improving an airport or providing health care to low-income households.

23. Regulations = Rules
State governments also protect citizens by regulating, or making rules about, many activities. Doctors, dentists, accountants, builders, barbers, and many other professionals must be certified by state agencies. State and local governments enforce building codes that specify exactly how buildings must be constructed. They conduct food safety inspections at restaurants, check to make sure gasoline pumps are accurate, and administer tests to people seeking a driver’s license. The state agencies that carry out these regulations are almost always part of the state’s executive branch.

24. Local Governments
Local governments, such as cities and counties, get their power from the state government. The state decides what services cities and counties are responsible for providing and what kinds of laws cities and counties are allowed to make. Because local governments are the closest to the citizens, often they are the ones that can most easily provide services. Some services such as schools, libraries, police, water, and trash collection are usually controlled at the local level. Even so, local governments must follow both state and federal laws when providing these services.

25. Exit Slip Describe three (3) facts you learned today.
Explain two (2) facts you thought were interesting about today’s lesson.
Describe one (1) aspect of today’s lesson you were confused over or that may need more explaining. And why?

26. Before you go… Make sure the classwork is handed in.
Complete and hand in the exit slip.