Sarah
Scherff
Period
4
American
Government
State and Local Government/
Federalism
S. Guide
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Federalism
– is a system of government in which a written constitution divides the powers
of the government on a territorial basis.
Each level operates through its own agencies and acts directly on the
people through its own officials and laws.
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Division
of powers – this was implied in the original Constitution and then spelled out
in the 10th amendment. This
allows and encourages local choice in many matters which also provides for the strength
that comes from the union.
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Delegated
powers – the national Government is government of the delegated powers. It has only those powers granted to it in the
Constitution, there are there distinct types of the powers that exist like the
expressed, implied, and the inherent.
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Expressed
powers - these are the delegated to the Nation Government and is expressed in
the US Constitution. Various amendments
to the Constitution contain several expressed powers for the local governments.
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Implied
powers – these are the powers that are not expressly states in the Constitution
but are reasonably implied by the powers that are. Congress has taken the nation because the
power to do so is reasonably implied by the law
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Inherent
powers – These are the powers that belong to the National Government because it
is the nation government of the sovereign state in the world community. One can argue that most of the inherent
powers are implied by one or more of the expressed powers.
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Reserved
powers – These are the powers that are held by the States in the federal
system. The sphere of powers held by
each State is huge.
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Exclusive
powers – These are the powers that can be exercised only by the National Government. Some of the delegated powers are expressly
denied to the States.
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Concurrent
powers – these are powers that the State and national Government has. These include things like the power to lay
and collect taxes or to define crimes and set punishments.
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Powers
denied to the National Government – The Constitution delegates certain powers
to the Nation Government, it also denies many powers often it. There are three distinct ways they are they
constitution denies the express powers of the local government.
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Powers
Denied to the States – The Constitution denies come powers to the States in so
many words. Some powers are also denied
to the States by the existence of the federal system.
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The
Federal System and Local Governments – Government in the
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The
Supreme law of the Land – The division of powers in the American federal system
is complicated. The Supremacy Clause joins
the national government and the States into a singly governmental unit, which
is the federal state.
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The
Supreme Court and the Federal Court System – The Supreme Court is the umpire in
the federal system. It is impossible to
overstate the significance of the Courts’ function as the umpire of the federal
system.
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The
Nations Obligations to the States – The constitution places several obligations
on the national government for the benefit of the States. Most of them are found in Article IV of the
Constitution.
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Guarantee
of a Republican Form of Government – The Constitution requires the National Government
to guarantee every state a republican form of government. What does not require is the specific type of
republican government.
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Protection
against Invasion and Domestic Violence – The national Government must also
protect each of the states against invasion.
In the
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Respect
for Territorial Integrity – The national government is constitutionally bound
to respect the territorial integrity of each of the States. The Congress must include members chosen in
each of the States.
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Admitting
New States – Only the congress has the power to admit new States to the
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Admission
Procedure – The area that wants states must petition Congress for admission. If Congress chooses he may pass an enabling
act of the act of admission.
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Enabling
act – This is an act that directs the gaming of a proposed state
constitution. A convention prepares the
constitution and then it goes through admission of the act of admission.
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Act
of admission – This comes after the writing of the constitution, and the
Congress passes this act after reading the constitution. If the president signs the act, the new
states can enter the Untied States.
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Conditions
for Admission – Before the state is admitted into the
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Federal
Grants in Aid – these are grants of federal money or other resources to the
States and their cities, countries, and other local units. These grants provide those levels of government
with the funds often needed to carry out many of their functions.
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Block
Grants – these are grants that have been combined into larger programs. The federal grants accounted for 25% of the
State and local governmental expenditures.
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Revenue
Sharing – these differ from the traditional grants-in-aids. This is popular with and supported by many
governors because there are no strings attached to the grants.
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Other
Forms of Federal Aid – the federal government aids the states in several other
important ways. The Census bureau’s dates
are essential to State and local school, housing, and transportation officials
as they plan for the future.
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State
Aid to the National Government – The states and their local units of government
aid in National Government in many ways.
State and local elected officials conduct national elections in each
state.
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Interstate
Compacts – these are agreements among themselves and with foreign states. There have only been 26 compacts until 1920,
and now there are over 200 compacts among themselves and other states.
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Full
Faith and Credit – This is the respect and validity of the proving of a judicial
proceeding of the Sate of Maryland. A
person can prove age, place of birth, marital status, title to property, and
similar facts by securing the necessary documents from the State where the
record was made.
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Exceptions
– The Full faith and credit cause is regularly observed and usually operates in
a routing way between and among the States.
On the second exception, the key question is always whether the person
should be able to be granted the right in another state.
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Extradition
– this is a legal process in which a fugitive from justice in a State is
returned to that state from another. Extradition is designed to prevent a
person from being able to escape justice by fleeing a State.
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Privileges
and Immunities – This means that a resident of one State will not be
discriminated against unreasonably by another State. The courts have never handed down a full list
of the privileges and immunities of “interstate citizenship”.
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Ch 24
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Initiative
– voters can propose by petition constitutional amendments in 17 states. In 21 states voters can use the initiative to
initiate ordinary statutes.
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Referendum
– is a process in which a legislative measure is referred to the State’s voters
for final approval or rejection. There
are three different types: mandatory, optional, and popular.
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The
State Constitutions – The first state constitutions were written in 1776
because the people felt closer to the states than a whole nation. The state constitution is the state’s
fundamental law.
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The
Legislature: Structure and Size – 49 out of the 50 states are bicameral legislatures,
and the upper house is the Senate in all the states. The lower house has many different
names. There is no exact figure of the
ideal size.
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The
State Legislatures – All the states share traditions of government that help
explain the similarities. IT is
surprising that he details of service in each state are alike.
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Qualifications
– There is a requirement to be a member of the legislature of the state. It is harder to meet he qualifications of the
people voting for the runner.
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Election
– Popular votes elect the person running in the States. Most Sates have lawmakers elected in November
on an even year.
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Terms
– Legislators serve either two-year terms or four-year terms. Senators are there for a longer period of
time (generally)
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Compensation
– Salaries are generally low so there is a sort of extra pay for the legislators
so they will be able to pay for things easier.
The compensation total per member comes to almost 30 thousand dollars a
year.
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Legislative
Sessions – 42 of the States legislatures hold annual sessions. Most states have turns to annual sessions
only in the past decade and have become increasingly apparent that the
legislators have no power.
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Powers
of the Legislature - State legislatures can pass any that that doesn’t conflict
with the federal laws. Most state
constitutions let the legislatures have more power like with taxing, spending,
borrowing, establishing courts, and defining crimes and punishments.
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Legislative
Powers - State legislatures can pass any that that doesn’t conflict with the
federal laws. Most state constitutions
let the legislatures have more power like with taxing, spending, borrowing,
establishing courts, and defining crimes and punishments.
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Nonlegislative
Powers – They have three different types of powers. Executive powers let the governor’s power
appointed to certain officials approved by legislature. The Judicial power allows the people to
impeach the governor. Constituent powers
lets the legislatures kind of create new constitutions.
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The
Presiding Officers - These are the people who preside over the sessions of the
nations legislative chambers, and they are most powerful figures. Ach of the presiding officers is chosen by
vote of the full membership of the chamber, except the lieutenant officers.
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The
Committee System – This is kind of like with the congress. The standing committees are set up by the
subject matter while a bill may be amended or rewritten altogether.
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The
Legislative Process – Only a member may introduce a bill in either house in any
of the State legislatures. Only a member
may introduce a bill in either house in any of the States legislatures.
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The
Initiative - voters can propose by petition constitutional amendments in 17
states. In 21 states voters can use the
initiative to initiate ordinary statutes.
In direct and indirect initiative, there is a
certain number of voters that must sign the petitions to propose the law.
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The
Referendum - is a process in which a legislative measure is referred to the
State’s voters for final approval or rejection.
There are three different types: mandatory, optional, and popular
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The
Governorship – he is the principal executive officer in the states. He is the center in State politics and
well-known throughout the nation.
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Selecting
the Governor – He must pass the informal qualifications and be elected by
majority vote. Race, sex, religion,
personality, name, party, experience, issues standing, and advertisement all
relates to the voters and the voters are who decides who they elect.
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Selection
– The governor is always chosen by popular vote. The gubernatorial candidates are usually
picked in the primaries and then there are about two or so people actually
running in the election.
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Term
– Governors are elected for four years, except for NH and
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Succession
– Sometimes the governor may die in office, but there is a definite
succession. Sometimes a
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Removal
– The governor may be removed by impeachment everywhere except
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Compensation
– The average salary for gubernatorial salaries average to be just below 100,000
a year. Most states have an official
residence for the governor which reduces the expense.
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The
Governor's Executive Powers – Only a part of that authority is held by the
governor. The governor is given a number
of specific powers which accomplishes that job.
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Appointment
and Removal – A leading test of any administrator is his or her ability to select
loyal assistant’s the law often requires that not more than a certain number of
the members on the board be in the same party.
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Supervisory
Powers – The governor empowered to supervise the work of thousands of men and
women who staff the State’s executive branch.
The governor’s powers of persuasion and ability to operate through
informal channels as party leaderships and appeals to the public can make a
difference in the ability to supervise.
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The
Budget – Most states lets the governor prepare the annual or biennial budget
that goes to the legislature. The
governor can have a real impact on the attitudes and behavior of many
officials.
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Military
Powers – Every sate constitution makes the governor the commander in chief in
the Sates militia. He or she may find it necessary to call out the National
Guard to deal with emergencies as prison riots or aid to relive and prevent
looting after a disaster.
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The
Governor's Legislative Powers – The States’ principal executive officer has
important powers. These powers often
make the governor in effect the State’s chief legislature.
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The
Message Power – this is the power to recommend legislation. The governors program is given to the
lawmakers in the yearly state address.
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Special
Sessions – The governor in every state has the power to call the legislature
into special sessions. Sometimes the
governor has persuaded reluctant legislatures to pass a bill by threatening to
bring them into another special session.
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The
Veto Power – The governor has the power to veto measures passed by the
legislature. This power is often the
most potent power the governor has.
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Item
veto - This is when the governor vetoes one or more items in a bill without
rejecting the entire thing. The power to
override the veto is different in all sates.
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The
Governor's Judicial Powers – Every state governor has several judicial powers
also. He/she may have some or all of the
powers, although they are shared with some boards.
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Pardon
– a governor may release a person from the legal consequences of a crime. In all states this may be full of conditional
and can be granted after convicted.
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Commute
– a governor may reduce the sentence imposed by the court. For example a death sentence can be turned to
life imprisonment.
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Reprieve
– a governor has the power to postpone the execution of a sentence. For example he/she can push back the date of
the execution of a person.
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Parole
– this allows the governor the power to release a prisoner so that he does not
fully complete his sentence. This means
he can leave if dismissed.
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Other
Executive Officers – In most states the offices are filled by popular
election. The individuals that fill them
must have a variety of different qualifications for these jobs.
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The
Lieutenant Governor – The duties of the L. governor are similar to the Vice President. They succeed the governor if there is a
vacancy, and presides the senate in most states.
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The
Security of State – they are the chief clerk and record-keeper. He is in charge of a great variety of public
documents, records the official’s acts of the governor and the legislature.
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The
Treasurer – he is the custodian of State funds in that he is often involved in
the states chief tax collector and regularly the states paymaster. They major job is to make payments out of the
States treasury.
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The
Attorney General – he is the sates lawmaker in that he acts as the legal
adviser to the State officers and agencies as they perform official
functions. In most States these opinions
have the force of the law unless successfully challenged in court.
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County
– this is a major unit of local government.
The organized county government is in most states except Ct and RI.
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Parish
– these are a sort of county known in
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Borough
– this is a county in
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Special
district – is an independent unit created to perform one or more related
governmental functions at the local level.
Most of the other districts have been created since the 1930s’
Depression.
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Common
Elements of
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The
Governing Body – The governing body of the county is called the county
board. The members of the board are
always elected by popular vote.
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Elected
Officials – There are many people who are the elected officials. These people are the following: the sheriff,
clerk, assessor, treasurer, and auditor, and district attorney, superintendent
of the schools, the coroner and some others like the surveyor or engineer which
are less important.
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Boards
or Commissions – these are the groups of people who have the authority over
many different county functions. The
members of the county board serve an ex oficio on one or more of the agencies.
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Functions
of Counties – The counties are responsible for the administration o the State
laws and such county laws like the State’s constitution and legislature allow
them to make these laws.
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Towns
and Townships – The town is found as a separate unit of the local government. There are many towns fond in the
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The
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Special
Districts – is an independent unit created to perform one or more related
governmental functions at the local level.
The school districts are the most widely found examples of districts.
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Forms
of City-Government – There are variations from city-to-city but every city has
the following: mayor, commission or a council-manager form of government.
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The
Mayor-Council Form – This is the oldest and the most widely used types of city
government. These are considered to be
strong-mayor type of weak-mayor type powers even though the powers are on a
thin line.
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Strong-mayor
government – the mayor head she city’s administration and prepares the
budget.
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Weak-mayor
government – the mayor has much less formal power. The executive duties are shared with other
elected officials as the clerk, treasurer, engineer, police, and council
members.
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The
Commission Form – One a few Americans cities have commission form
government. This is where three to nine
commissioners are elected and together the pass ordinances, and control the
spending.
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The
Council-Manager Form – this is a modification of the mayor-council deal because
it has a strong council, a weak mayor. Some
people believe that it’s undemocratic because the chief executive is not
elected and others say it doesn’t offer strong leadership.
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Municipal
Function – A city exists primarily to provide services to those who live within
its boundaries. They regulate traffic,
building practices, air, water and noise pollution, and public utilities.
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City
Planning - Most American cities were not really planned to be formed. Industrial plants were basically placed
anywhere the owner chose and people kind of moved around it to work there.
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Planning
Growth – Many cites have seen the need to create order out of the random
growth. The original plan of it all has
been followed closely throughout the years.
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City
Zoning – The practice of dividing a city into a number of districts and
regulating the uses the property gets through.
This is a basic phase of city planning and it’s important in orderly
growth.
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Zoning
- The practice of dividing a city into a number of districts and regulating the
uses the property gets through. This is
a basic phase of city planning and its important in orderly growth
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Suburbanites
– This is when the people began to flock to suburban areas after the
overpopulation of the cities. Almost 45%
of the population now lives in the suburbs all around the
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Metropolitan
Areas - These are the areas if the cities and around the cities which have
taken up several forms. There are
different approaches in creating the special districts in the metropolitan
areas.