State and Local Government FEDERALISM

Public Policy If people do not agree on the solution to a public problem, issues arise. An issue is a point of conflict or a matter of debate. When people ask government to help solve a public problem, the issues that arise become public issues. Government response to public issues is known as public policy. Although all levels of government set public policy, the policies set by state and local governments often affect your life most directly.

Public Policy Choices In making public policy, government officials must make choices and trade-offs. You, too, must make choices when deciding which solution to support. Solving public problems requires the effort of the people we elect to public office. Keep in mind that solving public problems also requires that individual citizens take responsibility for their actions. The key to finding and carrying out solutions to the public problems that face us lies in the joint cooperation of government, community, and individuals.

Federalism Some delegates at the Constitutional Convention argued that only a strong national government could handle the problems facing the country. Other delegates wanted the states to keep most of the power. In trying to bring together these points of view, the Framers settled on the system of federalism. Federalism is the system that divides some powers between the national and state governments while allowing them to share other powers. The Constitution lists the powers of the national government. They include the powers to declare war and to make treaties with other countries.

Powers of the States The Constitution does not specifically list the powers of the states. Instead, the 10 th Amendment gives to the states all powers not given to the national government or not denied to the states. It says “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Delegated means assigned or given. Reserved means set aside for. So under the Constitution, if a power isn’t specifically given to the federal government, it’s a power set aside for the states—unless the Constitution says it’s something the states aren’t allowed to do. There are no reserved powers for the federal government. It only has the powers the Constitution says it has.

Shared Powers What if the Constitution says the federal government can do something but doesn’t say states can’t do it? For example, the Constitution gives the federal government the right to collect taxes, but it doesn’t say states can’t collect taxes. Does that mean they can both collect taxes? In this case, yes. One collecting taxes doesn’t stop the other from collecting taxes. Shared powers are called concurrent powers. (Concurrent means “at the same time.”) States can’t share a power the Constitution gives only to the federal government. And if sharing a power would cause a conflict, then the power can’t be shared. Other concurrent powers include running a court system, enforcing laws, punishing lawbreakers, and borrowing money.

Individual Powers So what can and can’t states do? States can’t grant titles of nobility, can’t interfere with the federal government’s ability to exercise its own powers, can’t make treaties with other countries and can’t start a war. The Constitution also says “no” to states causing problems for other states. (Example: a state can’t charge taxes on goods brought in from other states.) Powers that the states alone hold include the power to set up local governments, conduct elections, set up public school systems, and oversee businesses. The states also make laws, such as traffic laws, that protect public health and safety.

Federalism in Action Some people think of federalism as being like a layer cake. In this view, “layers” of government—national and state—are seen as separate, with different powers. In action, however, federalism is more like a marble cake, with the powers mixed and overlapping. The way the powers of national government and state governments mix and overlap is not set. Some people press to keep the national government out of what they see as the states’ business. Others think that the national government’s power over the states should increase.

Power to the States Those in favor of states’ rights feel that state governments can serve their people better than the national government can. They believe that state governments should be allowed to fit laws and programs to the particular needs of their citizens.

Power to the National Government Those who favor a strong national government point out that the opportunities in different states are not always equal. For example, some states might spend more money per student for education than other states. They believe that the national government needs to play a stronger role to ensure equal opportunities in all the states.

Increase in the role of the federal government: Some problems are too big for individual states to solve. Following the terrorist attacks on September 11, 2001, Congress took over the job of overseeing airport security. It believed that the task of airport security was too important for any state or private company to manage. Supervising airport security represented a huge increase in the role of the federal government. Also, some tasks cost more than a state can afford, therefore the state needs the help of the federal government. Sometimes, too, a problem involves several states and the federal government may have to step in to help solve the issue. (Ex. Factories causing pollution in more than one state.)

Webquest Go to the following websites and answer the following questions: Go to 1. What is the purpose of this website? 2. List and describe the 5 steps to how this project works. 3. What are two topics and two ideas that are listed on this site? Go to 1. What is the purpose of this website? 2. List and describe three topics discussed under the “Learn More” or Recent Posts lists. 3. Pick a topic that interests you (ex. Expansion of Westport Park). Describe the topic, explain any personal connection, and give your personal opinion. Research this topic on the internet for any newspaper articles or additional information. Describe what you find.