Chapter 12 and 13:

State and Local Government

Chapter 12- State Government

•Federalism (the Federal System)

•Why was federalism necessary? What failed?

•How is power distributed in our system of federalism by the U.S. Constitution?

Division of Power

•Federal: Expressed Powers and Implied Powers (Declare War/Build Highways)

•State: Reserved Powers (Intrastate commerce and Public Education)

•Both: Concurrent Powers (Tax)

10th Amendment•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.

•All powers not given to the federal government and not denied to the states.

Which powers are denied?

•Make treaties with other countries

•Declare war

•Issue own currency

•Can’t regulate foreign or interstate trade

•Can’t override federal government

Federal Growth

•Overtime, the federal government has grown in power and size, replacing state power.

•How?

•Which Supreme Court case supports this growth?

Interpretations of Federalism

•States Rights

•states created the national government

•states are closer to the people and better meet their needs

•less government error, corruption, and bureaucracy

•states protect against an abusive federal government

Interpretations of Federalism

•Federal Rights

•federal government was created by the people to meet their needs.

•federal government protects us from the states

•“Enlarged Sphere,” greater protection for the minority from the majority

•uniform laws are better for business

•certain rights belong to everyone

Cooperation in Federalism

•grants-in-aid- awards of money to the states and local governments from the federal government to pay for government programs.

•must comply with government regulations.

•Article 4- “Full Faith and Credit” to the public laws and court decisions of other states.

•example: the legality of marriage across states

Legislative Branch•All states have a bicameral legislature

except Nebraska.

•State legislatures draw FEDERAL congressional districts from census data.

•In the past, state senate seats were based off of land mass. (benefits whom?)

•Baker v. Carr- federal courts can force states to redraw state district lines

•Reynolds v. Sims- “one man, one vote.” Districts should be equal in population. (benefits whom?)

Executive Branch- Office of Governor

•Responsible for carrying out laws of the state.

•prepares budget (must be approved by legislature).

•line-item veto- can veto specific parts of a bill

•grant pardons

•commander-in-chief of National Guard

•head of state departments (department of health, MODOT)

Judicial Branch•Court Case- Plaintiffs v. Defendants

•plaintiff- seeks legal remedy (claimant)

•defendant- the accused

•Punishment- Misdemeanor v. Felony

•Misdemeanor- lesser crime (usually monetary punishment, jail time less than a year)

•felony- severe crime (confiscation of person, goods, and lands/ imprisonment for over a year up to capital punishment).

Chapter 13: Local Government

City Governments have no right to

exist?•created by and dependent on the

state.

•states define local authority.

•states have the right to retain local authority

•example: SLPS

municipalities

•a political unit incorporated into a state for local self-government.

•cities are municipal governments with city charters administered by the state.

•city charter- a document (contract) which grants specific powers to a local government by the state legislature.

St. Louis County

Home Rule

•granted to cities by the states

•allows cities to determine their own type of government and manage their own affairs.

City Government Types

•Strong Mayor System-

•Full time mayor, head of city departments, quick and efficient (but more corruption)

•Weak Mayor System-

•Mayor’s authority is limited, city council is in charge of departments, slower action due to consensus.

Metropolitan Area

•city and surrounding suburbs

•expansion of cities => Urban Sprawl

•city and suburbs expand into rural area

•problems: transportation (auto-dependent), pollution, law enforcement, infrastructure, loss of rural lands

Counties•largest territorial and political subdivision

of a state.

•helps to govern large areas where there are no large cities or charters.