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 States are considered laboratories of democracy because they implement novel social and economic policies. 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