1. How does American Federalism Work?
LESSON 26

2. 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.

3. 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

4. 10th 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

5. 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)

6. 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

7. 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

8. 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

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

10. 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

11. 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

12. 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

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

14. 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
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15. 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.

16. 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

17. 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)

18. 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

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

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