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Lesson 26

Lesson 26. How Does American Federalism Work?. By: Tanessa Kenny S-3. Lesson Purpose.

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Lesson 26

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  1. Lesson 26 How Does American Federalism Work? By: Tanessa Kenny S-3

  2. Lesson Purpose • This lesson examines constitutional provisions affecting the states in their relationship to the national government. It explains how state governments are organized, including their creation of units of local governments.

  3. Vocabulary • Initiative- A proposed law placed on the ballots of some states for voter decision. Initiatives that pass immediately become law • Local Governments- Governments 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.

  4. Cont… • Police Powers- The inherent authority of a government to impose restriction 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.

  5. Cont… • Referendum- Placing a measure approved by a legislature on a ballot for popular approval. • Reserved Powers- Those powers referred to in the Ninth and Tenth Amendments that are reserved to the states or to the people.

  6. Bill of Rights- All the state constitutions have bills of tights, and in most states they appear at the beginning of the constitution. The preamble of most state constitutions declares that the purpose of government is to protect those rights. State bills of rights include many of the same rights as in the U.S Constitution. How Are State Governments Organized?

  7. Three branches of Government- All state constitutions create legislative, executive, and judicial branches: • Legislative- The lawmaking branch usually in called the legislature, but some states use the term assembly. • Executive- The chief executive officer of each state is the governor. Most governors serve two- or four-year terms and may be reelected for at least one additional term. • Judicial- The judicial systems of each state consist of trial and appellate courts. Many states appoint judges, although some states use an appointment process.

  8. Creation of Local Governments State constitutions give legislatures power to create local governments, which receive charters, or grants of authority, to carry out a wide range of governmental responsibilities. There are 3 broad categories of local governments

  9. Local Governments… • Counties • Functions include: record keeping, administration of elections, maintenance of courts and jails. • Municipalities • Provide services such as police and fire protection, water and sewer systems, hospitals, streets, and libraries • Special Districts • Operate schools or provide water and natural resource conservation (fire protection, libraries, transportation, ect.)

  10. How have state constitutions changed? • Since the first state constitutions were adopted in 1776, state constitutional conventions have resulted in new constitutions being adopted some 144 times. • Example: Louisiana has had 11 constitutions. Most other states have had two or three • Only 18 states still use their original constitutions.

  11. How does American federalism work in practice? Regulation of commerce- The Constitution (Article 1, Section 8) gives Congress the power to regulate interstate commerce. However, the states retain the power to regulate commerce within their own borders as part of their police powers. The two powers often come into conflict.

  12. Cont… • Grant-in-aid programs- In the mid- 1800s the national government began giving money grants to states to help them with programs ranging from transportation to welfare. This permitted the states and the national government to work in relative harmony. • Grants-in-aid have grown over the years and so have the conditions attaches to them. They have become a device for the national government into influence state policymaking by giving or withholding money. The national government lacks constitutional authority to set state speed limits. However, if a state wants grants for highway construction, then the Federal Highway Administration requires in to comply with a “national” speed limit. Example:

  13. How are the states “Laboratories of Democracy”? • There are many examples of governance experiments in states and localities. Some innovations catch on in other states or in the nation as a whole. • Initiative, referendum, recall- This trio of methods, begun during the Progressive era of the late nineteenth and early twentieth centuries, allows citizens to participate in direct democracy in their states.

  14. Cont… • Environmental protection- Since 1997 some 165 countries have ratified or accepted the Kyoto Accords, an international treaty aimed at reducing the level of carbon dioxide and five other greenhouse gases in the air. • Health care- By 2006 several states had adopted programs seeking to offer nearly universal access to health insurance for all their residents, regardless of ability to pay. Recently, President Barack Obama has passed the Health Care Bill.

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