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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