Presentation on theme: "American Institutions & Practices"— Presentation transcript:
1American Institutions & Practices Unit 4American Institutions & Practices
2Essential QuestionHow Have The Values And Principles Embodied In The Constitution Shaped American Institutions And Practices?
3Unit OverviewLesson 21: What is the Role of Congress in American Constitutional Democracy?Lesson 22: How Does Congress Perform Its Functions in the American Constitutional System?Lesson 23: What Is the Role of the President in the American Constitutional System?Lesson 24: How Are National Laws Administered in the American Constitutional System? Lesson 25: What Is the Role of the Supreme Court in the American Constitutional System?Lesson 26: How Dies American Federalism Work?
4Unit 4 PurposeThe Constitution is a general framework that describes the organization of the national gov’t in terms of its powers and limits. The Framers knew many details would need to be added.The system of federalism was devised to reconcile tension between national and state gov’ts.In this unit you will learnHow the three branches of gov’t embody constitutional principles and how they operate.How federalism remains a dynamic characteristic of American gov’t.
5What Is the Role of Congress in American Constitutional Democracy? Lesson 21:What Is the Role of Congress in American Constitutional Democracy?
6PurposeCongress is often called America’s first branch because of its lawmaking powers and control over the nation’s purse.Congress is also considered the “People’s Branch” since it is directly accountable to the electorate.This lesson examines Congress’s constitutional powers and how it represents both the people and the states.
7ObjectivesExplain basic differences between Congress and the British Parliament and how Congress reflects America’s commitment to representative government and federalism.Identify several constitutional sources of power and some of the challenges members face in representing and serving constituents.Evaluate, take and defend positions on contemporary issues about congressional representation and organization.
8Terms to Knowdelegate theory The idea that a legislative representative should exactly mirror his or her constituents' views in deciding on public policy. enforcement powers The power of Congress to enforce laws. enumerated powers Those rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution. federalism A form of government in which power is divided and shared between a central government and state and local governments.
9Terms to Knowgerrymandering Drawing the boundaries of an electoral district to favor a political party. implied powers Those powers authorized by a legal document that are not expressly stated but can be inferred from expressly stated powers. The power of Congress to do all things "necessary and proper" to carry out the powers delegated to it by Article I, Section 8, Clause 18 of the U.S. Constitution. The "necessary and proper" clause is also known as the "elastic clause," because it greatly expands the Constitution's enumeration of the powers of Congress. Implied powers can be distinguished from "inherent powers," those that are expressly provided for in the Constitution. inherent powers Those powers ingrained so deeply in an institution that they need not be stated. For example, what the "inherent powers of the presidency" might be is a hotly contested subject in American national politics. trustee theory of representation The idea that a legislative representative should use his or her best judgment in making decisions on public policy, regardless of constituent opinion.
10Differences Between Congress and the British Parliament Although British Parliament served as a model for our 2-house legislature, there are 4 major differences.1) RepresentationBritish ParliamentDesigned to represent specific order in society.House of Lords - traditionally an inherited seat. Today hold honorary lifetime appointments. (1200 members)House of Commons – elected, represent geographic regionsCongressHouse of Reps – represent viewpoints of district / frequent turnover (2 yr. terms)Senate – represent whole state / longer terms ( 6 yrs.)
11Differences Between Congress and the British Parliament 2) Separation of PowersBritish ParliamentLeader of majority party appoints prime minister (chief executive and chief legislator)Members of Parliament hold Cabinet positions as wellHouse of Commons is much more powerful houseCongressArticle 1 Sec 6 prohibits mingling of executive and legislative powersHouse & Senate both powerful, frequently limit each others’ power
12Differences Between Congress and the British Parliament 3) Term LengthsBritish ParliamentNo fixed election schedule, but at least every 5 yrs. depending on “confidence” in prime minister and party in powerCongressReps (2 yr terms) / Senate (6 yrs., staggered)4) FederalismLocal governments are primarily administrative units of central government. Most powers simply delegated from national level.State legislatures wield considerable power, leading to dynamic system of federalism.
13Congress’s Constitutional Powers LimitationsArt. 1 Sec limits powers to those “herein granted” /18th power = “all laws… necessary and proper for carrying into execution the foregoing powers”Art. 1 Sec. 9 – lists matters congress “shall not” legislateTax state exports, grant titles of nobility…Bill of Rights – list of rights Congress “shall not” infringeFirst – “Congress shall make no law” abridging free press
14Congress’s Constitutional Powers Enumerate PowersThose powers listed in ConstitutionEx) “Regulate Commerce”Congress now regulates manufacturing,child labor, wages…Implied PowersSome expressed powers imply additional powersEx) “Necessary and Proper” ClauseCourt Case: McCulloch v. Maryland (1819)Decision = N & P clause and power to coin & borrow money implied power to create a national bank.Congressional OversightImplied power to create, and monitor, executive agencies designed to implement policy mandates.
15Representing the People & The States No constitutional term limitsSince 1842, all members of House elected from single-member districtsMany states redistrict after each 10-yr. censusDrawn by state legislatures or independent commissionsDissatisfied groups can challenge redistricting in court
16Controversy Over Districting Court Case: Wesberry v. Sanders (1964)Decision – adopted rule of “one person = one vote”New requirements have not ended debate over GerrymanderingSenate initially chosen by state legislatures, but 17th Amendment creates direct elections
17Controversy Over Districting 1913 – Congress fixes size of House at 435By 2004, average House district population over 700,000Surpassed worldwide only by IndiaDistrict size creates challenges addressing needs and interests of such diverse constituencies
18Theories of Representation Delegate Theory or Trustee Theory?Most representatives claim to practice bothOur vast and diverse nation make it challenging to both represent constituents while also finding common ground with legislators from other regions.Congressman Specter dealing with “unhappy” constituent
19Serving Constituents Communications Case Work Media appearances, websites,town hall meetings…Case WorkStaffers help constituents solve problems involving national government.Ex) Dealing with agencies (IRS, Social Security), asking for favors (tours, meetings w/ legislators)Serving Constituents’ Interests and ConcernsIntroducing / sponsoring legislation that serves constituents interests.Working to have federal projects located in district (highways)
20Lesson 22:How Does Congress Perform Its Functions in the American Constitutional System?
21PurposeCongress is one of few national assemblies with the power to initiate legislation, not simply vote on executive’s proposals.Congress also conducts investigations that lead to important changes in policy and removal of officials.Despite its rules and leadership structures, the 535 member Congress faces challenges representing their growing and diverse constituencies.
22ObjectivesDescribe the role of rules, committees, and political parties in Congress.Describe the lawmaking process.Identify the primary sources members rely upon.Explain the importance of Congress’ power to investigate.Explain why compromise is required in the deliberative process.Evaluate, take, and defend positions on how Congress functions and whether it should streamline its procedures.
23Terms to Knowbill A proposed law placed before a legislature for approval. cloture A rule of the U.S. Senate stipulating that debate on a legislative proposal be cut off and the proposal voted upon by the full Senate if sixty members agree. filibuster The practice of refusing to surrender the floor during a debate to prevent the Senate from voting on a proposal. impeachment Charging a public official with a crime while in office and bringing him or her to trial. Convicted officials are removed from office. lobbying The practice of attempting to affect legislation by influencing legislators.
24Terms to Knowpocket veto A presidential practice that allows a bill to die if not signed within ten days and Congress is adjourned. The president is conceived as keeping the bill in his pocket rather than taking it out and signing it. power to investigate The power of Congress to undertake formal inquiries into matters of public business and public policy. resolution A formal statement of a decision or expression of opinion put before or adopted by an assembly such as the U.S. Congress. seniority Length of service. In the U.S. House of Representatives or the U.S. Senate, certain powers and responsibilities of congressional members, such as committee chairmanships, are granted on the basis of their time in office.
25The Role of Rules & Committees Rules and Committees not specified in Constitution, but instead created by each chamber (Art. 1 Sec. 5)CommitteesStanding (permanent) Committees have jurisdiction over particular subjects, appoint more specific subcommitteesEx)Hold hearings to hear publictestimony or conduct gov’t oversightSelect Committees (task forces)exist for limit time for specificpurpose
26The Role of Rules & Committees ExamplesHouse rules specify size and jurisdiction of committees / govern form and structure of debateSenate more informal, filibuster option remains open at all times.However, 60 votes (cloture) brings proposal to a voteParty OrganizationLeaders encourage members to adhere to party platformCommittee chairs appointed by seniority and party loyalty
27Congressional Leadership House Leadership (3 models)Strong Institutional SpeakerSpeakers wield considerable power over organization and legislative agendaPowers: controls committee appointments, chairs Rules Committee, “traffic cop” deciding which bills come to the floor and rules of debate.Decentralized Committee LeadershipSome historical periods witnessed committee chairs rebelling against speakerParty ControlStrong speaker who represents majority partyCommittee chairs appointed based uponparty loyalty
28Congressional Leadership Senate LeadershipVP is president of Senate, but only power is to cast tie-breaking vote.Majority and Minority Leaders chosen by each party to guide operations.
29Majority Rule and Compromise in Congressional Deliberation Bill vs. ResolutionSimple resolutions address rules or express sentiments of CongressJoint Resolutions device for proposing Amendments or other matters. If signed (or over-ride), has force of lawMost proposals take form of a billBills introduced in either House (except revenue bills= H)Numbers with prefix S or HThe process is as follows…
30Majority Rule and Compromise in Congressional Deliberation Committee AssignmentsBills assigned to at least 1 committee / usually referred to subcommittees for rigorous scrutiny and amendmentsHearingsRepresentatives of government agencies, interest groups or outside experts present testimonyDeliberationsAt “Mark Up” sessions, members can review, modify, approve final version, and recommend to full House or SenateReportIf bill wins favorable committee vote, reported to full chamberCommittee report justifies its actions
31Majority Rule and Compromise in Congressional Deliberation Floor VotePlaces on calendar for consideration and a voteReferral to the Other ChamberIf passed, sent to other chamber where process begins againConference CommitteeWhen versions of bill differ (most do), conference committee (members of both house) try to reach compromise.If agreement reached, conference report submitted for vote (cannot be amended, can be filibustered)Referral to PresidentIf president signs, becomes lawIf vetoed, 2/3 vote needed in each chamber to over-rideIf not signed, but Congress adjourns within 10 days, bill is dead(pocket veto)
32Majority Rule and Compromise in Congressional Deliberation Bill must win majority support at each phaseSponsors of bill must be persistent and willing to compromiseLawmaking process demonstrates American system of representative gov’t, limited gov’t and checks and balances at work.LawCraft
33Ideas for Legislation & Deciding Which Bills to Support Campaign PromisesResponses to CrisisLegislation Introduced by OthersLibrary of Congress and Congressional Budget Office provide research, analysis, and projected costs.Executive BranchPresident outlines legislative agenda at State of the UnionParty members sponsor president’s legislationLegislation also introduces by Executive departments / agencies
34Ideas for Legislation & Deciding Which Bills to Support ConstituentsConstituents recommend enactment or repeal of laws through various forms of communication (letters, opinion polls, blogs)Interest GroupsOrganizations, industries, and interest groups employ lobbyists to help influence legislationReflects right to free speech, assembly, and petitionEffective Lobbyists are well-informed on issue, knowledgeable of process, well-organized, and cooperative.
35The Power to Investigate PurposeFinding facts on which to base legislationDiscover or influence public opinionOversee administrative agenciesProbe activities of public officialsSecure partisan political gainPower to investigate also used to impeach federal officialsInitiated in House. If vote on impeachement, sent to SenateConviction in Senate requires 2/3 majority
36Lesson 23:What Is the Role of the President in the American Constitutional System?
37PurposeThe president is among the most powerful political figures in the world.Internatioanlly, the president speaks for the country and is the symbol of America.Domestically, the president suggests policies to Congress and is the leader of their political party.Americans look to the president for leadership, while also fearing concentration of executive power.This lesson examines sources of presidential power and ways that checks and balances limit presidential power.
38ObjectivesExplain the president’s responsibilities and how the office has evolved.Identify various constitutional and political checks on the president’s power.Explain fundamental differences between the parliamentary prime minister and the American presidency.Evaluate, take, and defend positions on issues involving the exercise of presidential power and the relationship between the president and other branches of gov’t.
39Terms to Knowcommander in chief Highest ranked person of the military forces. According to the U.S. Constitution, the president is commander in chief of the nation's armed forces. executive orders Directives issued by the president, including Presidential Directives, National Security Directives, and Homeland Security Presidential Directives. Presidents have issued such orders since Such orders are open to the public, except for National Security Directives. executive power The authority to carry out and enforce the law.
40The President’s Responsibilities Executive Power not specifically defined in Constitution, but following powers are listed (Art. II)Commander in Chief of army and navyHeads executive departmentGranting reprieves and pardonsMaking treaties (subject to Senate’sconsent)Nominating ambassadors, consuls, judgesRecommend legislationVeto billsReceive ambassadors (chief diplomat)
41The Framers’ Vision of the Presidency Official above partisan politicsElectoral College would identify people with character “preeminent for ability and virtue”No expectation of campaignsWanted “energetic” president as opposed to legislature’s “deliberative” natureHamilton: “Bad execution… must be… a bad government.”
42The Presidency Evolves Andrew JacksonUnprecedented use of veto (national bank)Abraham LincolnExpansion of wartime powers (suspension of habeas corpus)Teddy Roosevelt“Bully Pulpit” – used visibility and influence of presidency to advocate his political agenda
43The Presidency Evolves FDRTook control of policy process through New Deal programs.Social Security, employment programs, executive agency reformExerted unprecedented military power during WWIIEmployed “fireside chats” to establish trust and confidenceSince FDREffective presidents have used FDR’s strategies to bolster powerReagan – “The Great Communicator”JFK & Clinton – Used charisma to win political allies and persuade public to support policy proposals
44Foreign PolicyCongress’s role (declare war, fund armed forces…) largely reactionary to presidentThe President foreign relations powers…Commanding Armed ForcesMilitary power used to defend nation and as a threat to persuadeEach president since FDR has sent troops abroad w/o declaration of war.Making TreatiesSole authority to negotiateon behalf of US, pendingSenate approval
45Foreign Policy Appointing Ambassadors & Public Ministers President decides who represents US abroad.Ambassadors help shape US image and advise on foreign policyReceiving Ambassadors and Other Public MinistersPresident sole channel of international communicationsAssumes right not to recognize them
46Expansion of War Powers During wars and emergencies, presidents often exercise power not granted in ConstitutionGrover Cleveland – sent unauthorized troops to put down Pullman train car strikeFDR – sent war ships to Britain before entered WWIIAttempts at restraint1952 – Supreme Court rules against Truman (seizing steel mills during Korean War)2006 – Bush’s “special military commissions” violated US law and Geneva ConventionHowever, Congress & Court tend to defer to president
47Expansion of Presidential Power Over time, power has flowed from one branch to the other.19th C. – Congress dominated20th C. – As role of US in world grew, so did Executive powerWhy growth of presidential power?Over past century, polls show public demand for strong presidentHowever, polls also show public distrust of strong executivesBroad constitutional powersRole in recommending legislationIncreasingly active role in development of federal regulationsRegulations elaborate on general laws passed by Congress
48Expansion of Presidential Power Executive OrdersRule or regulation issued by the president.Must be published in Federal RegisterAssumption of new responsibilitiesIssues involving education, health care, transportation, product safety, etc. have shifted from purely state / local control to national as well.
49Limitations on Power Congress Rejecting or modifying president’s legislative agendaAsserting its constitutional authority(war powers)Refusing to ratify treatiesRefusing to confirm nomineesRefusing to fund programsRemoving president from office
50Limitations on Power Supreme Court Executive Agencies Public Opinion Humphrey’s Executor v. US (1935)Congress must approve president’s removal of official from independent regulatory agenciesUS v. Nixon (1974)President not entitled to automatic immunity from legal processTrain v. City of NY (1975)President cannot refuse to spend money appropriated by CongressExecutive AgenciesPublic Opinion
51Differences Between American Presidency & British Prime Minister Chief ExecutiveAppointed by majority party or coalitionMust have served in ParliamentPassage of legislation more efficient, but PM can be quickly replaced once they lose confidence of Parliament
52Differences Between American Presidency & British Prime Minister Not appointed, elected. No experience required.Fixed 4-yr term, regardless of public opinionMany more checks on power than in Parliamentary systemPower depends on ability to persuadePresident’s standing in eyes of world can enhance or detract from international reputation of nation.
53Lesson 24:How Are National Laws Administered in the American Constitutional System?
54PurposeDepartments, agencies, and bureaus that administer laws (bureaucracy) touch every aspect of American life.This lesson examines the role of administrative departments and agencies in America’s national government.
55ObjectivesExplain why Congress create administrative units, the circumstances that contribute to their creation, and the range of governmental functions that administrative perform.Identify some of the checks on the exercise of administrative power.Evaluate, take and defend positions on public administration in the United States.
56Terms to Knowbureaucracy Governmental departments and agencies and their staffs, principally civil service members and political appointees. cabinet The group of advisors to the president composed of the heads of the departments of the executive branch and certain other officials. Cabinet advice to U.S. presidents is not binding, as opposed to parliamentary systems, where the consensus of cabinets is said to bind prime ministers. civil service Employment in federal, state or provincial, and local governmental agencies. The civil service was formed in an effort to reduce political patronage and promote professionalism in government. independent agencies Administrative organizations located outside the structure of executive departments.
57Kinds of Administrative Units Executive DepartmentsCongress directs each to administer certain laws / President appoints each secretary, or “head” (Cabinet)Currently 15 departments, each head in line of successionExecutive Office of the President (EOP)Created in 1939 to help with budgeting, personell management, and natural resources planning.Includes: White House Office, Office ofManagement & Budget, Council ofEconomic Advisors, National SecurityCouncil
58Kinds of Administrative Units Independent AgenciesLocated outside structure of Executive DepartmentsGranted quasi-legislative regulatory powersEx) Environmental Protection Agency (EPA), PeaceCorpsOthersFederal Emergency Management Association (FEMA)Was independent agency, now part of Dept. of Homeland SecurityUS Postal ServiceGovernment corporationFederal Communications Commission (FCC)Designed to enforce regulations of the industry
59Administrative Organizations Quasi-legislative powers delegated to implement broad congressional mandates.Rules published in Federal RegisterSome units granted quasi-judicial powersHearings held to resolve disputesExample: IRSMakes & Enforces rules about tax collections. Also holds hearings for those accused of violations.Administrative Procedure Act (1946)Established rules to implement laws, requires public notice / hearings, permits judicial review of administrative decisions
60Contributing Factors Growth in response to demands placed on gov’t Ex) Industrial Revolution lead to Dept. of Commerce and Labor, Interstate Commerce Commission, and Federal Trade CommissionGreat Depression / New DealFDR creates significant growth in federal bureaucracy in response to national crisesCold WarDept. of Defense, National Security Council,CIA…
61Contributing Factors Reduction 9/11 Starting in 1970s, many commissions and boards abolishedEx) Interstate Commerce Commission9/11Terrorist attacks result in creation of Department of Homeland Security
62Staffing Administrative Agencies Civil Service1883 – Patronage substituted for merit-based system / administrative class insulated from politicsCongress sill establishes office requirements, performance standards, wages, benefits, & “whistle-blower” protectionsHatch Act (1939)Parties prohibited from pressuring workers to contribute or work for candidates in exchange for job securityPresident makes appointments tokey leadership positionsHelps ensure bureaucracy enacts hispolicy agendaWith new administration’s usuallycomplete change in leadership
63Checks & Balances The President Congress Appointment power rewards loyalists / advances agendaExecutive Orders – directs agencies to take certain actionsCongressCreates, consolidates, or eliminates agenciesSenate confirms high-level appointeesStatutes direct agency actionsAppropriates fundingCongressional OversightEx) review budgets, investigate actions
64Checks & Balances Courts Federalism Citizens, Interest Groups, Media Decide whether agencies violate 14th Amendment due process & equal protection requirementsRequires Congress to clearly define agency standardsFederalismIf state and national policies differ, states sometimes resist or refuse to comply with standards (ex. Education reform)Citizens, Interest Groups, MediaThose directly affected by public policy ca monitor actions, report complaints, or investigate issues regarding problems and injustice in the bureaucracy
65Lesson 25:What Is the Role of the Supreme Court in the American Constitutional System?
66PurposeAs opposed to English tradition, the Constitution provides for an independent judiciary.Hamilton considered it “least dangerous branch” because it depends on other branches to enforce its decisions.This lesson examines how the Supreme Court has become a coequal branch of the national government and describes some of the institutional checks on its power.
67ObjectivesExplain the difference between the Supreme Court’s original and appellate jurisdiction.Explain the four methods of constitutional interpretation.Explain how America’s system of checks and balances limits the power of the Supreme Court.Evaluate, take, and defend positions on issues relating to the role of the Supreme Court in the constitutional system.
68Terms to Knowadvisory opinion In some judicial systems, a formal opinion on a point of law given by a judge or court when requested by a legislature or government official. appeal The bringing of a court case from a lower court to a higher court in an attempt to have the lower court's decision reversed. Grounds for appeal include errors of law, fact, or procedure. appellate jurisdiction The legal authority of a court to hear appeals from a lower court. jurisdiction The power or authority to hear cases and make decisions. landmark decision A legal decision that constitutes a turning point or stage. Brown v. Board of Education (1954) is an example of a landmark decision.
69Terms to Knowlitigant A party involved in a lawsuit. methods of constitutional interpretation Interpretive methods employed by U.S. Supreme Court justices when considering constitutional issues of some cases. See strict construction, original intent, fundamental principles, and instrumentalism original jurisdiction In some cases, such as those in which a state is a party, the Supreme Court has the right to consider the facts and the law in a case without it having first been passed on by a lower court. writ of certiorari A type of writ seeking judicial review of a legal decision.
70Constitutional Powers of the Supreme Court Article IIICreated Supreme Court, Congress has power to create inferior courts.Life tenure for all Federal JudgesJurisdiction over cases arising under national law and involving citizens from more than one state.Trial by jury in all criminal cases except impeachmentPower of judicial review, deciding whether acts of Congress, executive, state laws, or stateconstitutions violate US Constitution
71Constitutional Powers of the Supreme Court Original JurisdictionPower of a court to pass judgment on both the facts of a case and the law.Original Jurisdiction over“cases affecting Ambassadors, other public Ministers and Consuls,… [and] … Controversies to which the United States shall be a Party.”Original Jurisdiction - Supreme Court only one to hear caseVery few cases arise from original jurisdiction
72Constitutional Powers of the Supreme Court Appellate JurisdictionPower of higher court to review and revise decision of inferior courtSupreme Court has appellate jurisdiction in all cases not in original jurisdiction unless restricted by Congress.Congress Created 3 – Tiered systemTrial Courts (Federal District Courts) in each state13 Courts of Appeal (Federal Circuit Courts)Supreme Court
73Constitutional Powers of the Supreme Court Litigants who lose in lower federal court (or highest state court) can ask Supreme Court to review the case.Supreme Court not require to issue writ of certiorariFour justices need to approveOf thousands of yearly petitions, number of cases decided by court on decline1980 – 232 cases2006 – 72 cases
74Methods of Constitutional Interpretation Written OpinionsCourts issue majority, concurring, and dissenting opinionsHold Supreme Court accountable by publicizing its rationaleEstablishes a record that serves as precedent for future casesMethods of InterpretationTextualism, Literalism, or Strict ConstructionLooking at literal / ordinary meaning of each word or phrase“keeps Court neutral and helps justices avoid imposing their own values on the Constitution”
75Methods of Constitutional Interpretation Original Intent or Original HistorySeek to understand what Founders originally meant“helps maintain stability and neutrality in the law”Fundamental PrinciplesLooks to principles – natural rights, republican gov’t – to interpret meaning of words, phrases, or clauses“identifying fundamental principles is useful in determining what meaning of words actually are”Modernism or InstrumentalismPremise that Constitutional interpretation should adapt to changing circumstances and contemporary needs.Argue that justices should not “hold back social progress by adhering to outmoded understandings of the Constitution”
76Checks on Supreme Court Power Self-Imposed LimitsAttempt to avoid partisan politics by refusing “political questions”Does not issue advisory opinions, only decides specific casesPresidential AppointmentsNominees can change approaches toconstitutional interpretation and attitudeabout role of the courtExecutive EnforcementPresident may threaten to refuse enforcement.Ex) US v. Nixon
77Checks on Supreme Court Power Congressional PowerCongress determines appellate jurisdiction and controls budgetIf statute declared unconstitutional, may pass it in another formCan alter size of the courtCan propose amendments in response to unpopular decisionsEx) 16th Amendment – Income TaxFederalismState enforcement may be lax.Some states still evade entirelydesegregating schools
79PurposeThe powers of and the boundaries between the national and state governments never have been clear.This lesson examines constitutional provisions affecting the states in their relationship to the national government.It also explains how state governments are organized, including their creation of units of local government.Finally, it describes the role of states as “laboratories of democracy.”
80ObjectivesExplain how American federalism involves divided sovereignty and an ongoing effort to balance power.Explain the function of three basic kinds of local government – counties, municipalities, and special districts.Give examples of governmental innovations at the state and local levels.Evaluate, take, and defend positions on continuing issues related to America’s unique system of federalism.
81Terms to Knowinitiative A proposed law placed on the ballots of some states for voter decision. Initiatives that pass immediately become law. local government Government of a specific local area, such as state subdivisions authorized by states or governments of cities, counties, and towns. Also includes special government units, such as water districts. police powers The inherent authority of a government to impose restrictions on private rights for the sake of public welfare, order, and security within the boundaries of constitutional law. recall A process of using special or general elections for removing elected officials from office. referendum Placing a measure approved by a legislature on a ballot for popular approval. reserved powers Those powers referred to in the 9th and 10th Amendments that are reserved to the states or to the people.
82Constitutional Status of State Governments States’ Role in National Government9 of 13 states were needed to ratify Constitution (Art. VII)Determine Voting Qualifications for House Members (Art. I)Equal Representation in SenateVital Role in Electoral College SystemGoverning Power Left to the StatesArt. I Sect 8 – 9 powers states do not have (no titles of nobility)Prior list, enumerated powers for Congress, and 10th Amendment established that powers not granted to national government are reserved to state governments.
83Constitutional Status of State Governments Reserved (Police) PowersState gov’ts power to enact legislation that protects the health, safety, welfare, and morals of those within this districtEx) Schools, making / executing criminal and civil laws, zoningHistoric TensionDisputes often arise over Supremacy Clause and ambiguities regarding which level of gov’t has which power
84Common Features of State Government Organization Bill of RightsMost include same rights as US Constitution. Many also add rights such as right to work or right to education.Legislative BranchMost legislatures (assemblies) meet annually, are bicameral, with districts for both houses based upon population.Executive BranchGovernor is chief executive, most serve 2 or 4 year terms. Lt. Governor role similar to “vp.”2003: US gov’t employees = 3 million,State / Local gov’t employees = 15 million
85Common Features of State Government Organization Judicial SystemsTrial and appellate courts. Judges elected in some states, appointed in others.Municipal courts deal with local matters such as traffic offenses.State Supreme Court has final say about meaning of state constitution.Creation of Local GovernmentsState grants charters to carry out certain gov’t responsibilities. Local laws typically called ordinances.Categories of local government includes: counties, municipalities (cities & townships), and special districts that provide specific services (school districts).
86Changing State Constitutions Since 1776, 144 New State Constitutions, Thousands of AmendmentsOnly 18 states have original constitutionBallots usually contain proposals for constitutional amendmentsCurrent policy debates in the states: same-sex marriage, gambling, marijuana decriminalization / legalization
87Federalism In Practice Regulation of CommerceStates retain power to regulate commerce within its borders.However, courts have asserted Congress’s power to regulate local activities if they “have a substantial effect on interstate commerce.”Ex) Medical marijuana use laws. Gonzalez v. RaichGrant-in-aid ProgramsIn return for money from national gov’t, states must comply with congressional policiesEx) Federal highway funds require compliancewith “national” speed limit.Ex) Race to the Top education funds
88“Laboratories of Democracy” Initiative, Referendum, RecallMethods allow citizens to participate in direct democracy in their states.Environmental ProtectionSeveral states set emission standards set by Kyoto Accords, despite national governments choice not to.Health CareSeveral state-wide reforms have beentried in the states and served as a modelfor national legislation.