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AMERICAN FEDERALISM
LESSON 26
LESSON OBJECTIVES
• Explain how American federalism involves divided sovereignty and
on going effort to balance power between the national and state
governments.
• Explain the function of three basic kinds of local governmental
units
• Give examples of governmental innovations at the state and local
levels
• Take, evaluate and defend positions on continuing issues related to
America’s unite system of federalism
CONSTITUTIONAL STATUS OF STATE GOVERNMENTS
• States were only units of the only units of government after the Revolution.
• Under the Articles they had sovereignty, freedom and independence
• Constitution created a new national government– left many governmental
powers to the states
• States play an important role
• Article VII – nine states to ratify
• House and Senate represent states
• States have a role in the Electoral College
• Article I sect. 10 lists the powers states do not have
• 10th Amendment: powers not delegated to the United
State by Constitution, belong to the states.
• Reserved powers – police powers
• Health, safety, welfare and the morals of those within
jurisdiction
• Law creation
• Public schools
• Civil and criminal laws
• Land use and regulations
CONSTITUTION SUPREME LAW
• States have many reserved powers
• Must follow the Constitution
• Tension between the power of the national government and
the states
• Ambiguity about which level of the government has power over
domestic politics are considered to be the genius of the
American system.
ORGANIZATION OF THE STATE GOVERNMENTS
• Bill of Rights
• Three branches of government
• Legislative
• Bicameral – except for Nebraska
• Both houses must represent population
• Can enact laws on speed limits, crimes to health care, education, land use
• Executive
• Governor, Lt. Governor
• Collectively states employ a large number of people
• Judicial
• State courts have original and appellate jurisdiction
LOCAL GOVERNMENTS
• State Constitutions create local governments
• Local governments get their power from State rights under the
Constitution
• Counties
• Voting
• Record keeping
• Births
• Deaths
• Land transfers
• Cities/Municipalities
• Special Districts
• Schools
• Libraries
• Natural Resource Conservation
STATE CONSTITUTIONS
• Constitutions were adopted in 1776 for first states.
• Amended over thousands of times
• Changes are made through the initiative process
• Amendments often reflect state responses to policy debates
FEDERALISM IN PRACTICE
• Regulation of commerce
•
Conflicts can arise
•
New York required captains to post bonds for those who they though would be paupers
•
Such action could impact trade
• Grants in Aid programs
•
States supply a plan in order to receive this assistance
•
Conditions apply
LABORATORIES OF DEMOCRACY
• Initiate, referendum, recall
• Initiative
• Direct: drafts a law or a constitutional amendment go to the people
for a vote
• Indirect: if proposals are not accepted by the legislature they go to the
ballot
• Referendum
• Approved by the legislature, put to a popular vote
• Recall
• Removed elected employee from office
• Environmental
• Health Care