How does American Federalism Work LESSON 26 State

How does American Federalism Work? LESSON 26

State Governments • After the Revolution the states were the only units of government for a short period of time. • This importance did not change. • States would retain their sovereignty, freedom, and independence even after the ratification of the new Constitution.

• States reserve the right to create laws not already delegated to the federal government. • Powers that states do not have: • Creation of treaties • Grant titles of nobility • Pass laws that impair the obligation of contracts

• 10 th Amendment of the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States” • Many state powers are inherent (so basic you don’t even have to write them down) • These are also known as reserved/police powers at the state level

• Police Powers: Laws that protect the health, safety, welfare, and morals of those within its jurisdiction. • Creating and operating public schools, making and executing criminal and civil laws, land use regulation (zoning) • The U. S. Constitution is still the supreme law of the land. (Supremacy Clause)

Organization • All states have their own individual Constitutions • Nearly everyone of them have their own Bill of Rights • Many are identical to the national B. o. R. • Some include the right to work and receive an education

Three Branches of Government • Legislative: Some states refer to the legislative branch as the assembly • Some state legislatures only meet every other year • Many are bicameral (two houses) • Nebraska is one • Both houses of legislature are based on population

• Legislature at the state level focus on local issues: speed limits, protection of the environment, licensing of professionals • Executive Branch: Largely the same as the national level. A lieutenant governor is similar to the vice president. • Judicial Branch: May have local courts, such as the justice-of-the-peace, and municipal courts. • Trial and Appellate courts at the state level

Government • The U. S. government employs nearly three million people • State and local governments employ roughly 15 million people

Creation of Local Governments • Just like the national government delegates power to the states, states give power to local governments in the same regard • Local laws are called ordinances • Counties: 3, 034 nationwide. Do many minor administrative duties

• • Municipalities: (City/Township) Provide protection through the police and fire department. • Water, sewer, libraries, hospitals, etc Special districts: Those that operate for a specific area; school districts

Facts • State Constitutions have been changed thousands of times. • Louisiana has had 11 different Constitutions • Average State Con. = 26, 000 words • U. S. Con. = 8, 700

Who has the power? States or national? • Commerce: • Congress has power to regulate interstate commerce, but states can regulate within their own borders

Gonzalez v. Raich • In eleven states medical marijuana is legal when used to ease pain • The federal government did not pass a law that made this illegal. • However, anyone that uses marijuana is still open to prosecution by the US Drug Enforcement Administration • ? ? ? ? ?

Grant-in-aid-programs • The government often gives funds for social welfare causes. • Social Security • Highways • Education • Often, the state is required to comply with their demands in order for the states to receive money.

N. C. L. B. • Example: No Child Left Behind Act • The government will give funds for educational purposes. However, if the schools do not meet their annual test goals, then they could lose funding. • Many states have sued over the legality of the situation

States set the example • States often act as the ‘laboratory’ • Many states will often attempt new ideas that the national government has not attempted • Wyoming: Gave women voting rights well before 1900 (women could vote nationwide in 1920)

Initiative, referendum, recall • Direct initiative: Individuals or groups can come together and propose laws or amendments. If a certain number of signatures is brought together, then the proposal will go to a popular vote • Indirect initiative: Simple proposal that goes through the common process

Referendum • A measure that has been approved by legislature can also be put to popular vote among the people

Recall • The process of removing an official from office • Can be done through petitioning and a popular vote. • California recalled their governor in 2003