Chapter Twelve Section One
The Federal System
The Constitution and Federalism
One of the big issues as our nation was developing was the deliberate lack of unity among the states. We we basically thirteen individual nations fending for ourselves. The individual states didn't really care about their neighbors or what happened to them. The main focus was for the individual state. Each created it's own individual constitution, set up its own government, and made its own laws. People were more intent to say "I'm a Virginian, or I'm a New Yorker" instead of "I'm an American." During the Revolutionary War, the first national government was established under the Articles of Confederation. The Articles were definitely better than no plan at all, but they had a good deal of problems. It was a weak and ineffective government and would be replaced in less than ten years. What replaced the Articles of Confederation would be our United States Constitution, under which the states agreed to give up some of their independence.
Perhaps the most important decision made by the Framers of the Constitution was the creation of a federal system of government. A federal system, or federalism, consists of a central government and lower levels of government (the states in our situation) sharing certain aspects of power. It is not an equal sharing situation, however. If a state law conflicts with a national law the national law stands in higher authority and supremacy and must be followed.
Perhaps the most important decision made by the Framers of the Constitution was the creation of a federal system of government. A federal system, or federalism, consists of a central government and lower levels of government (the states in our situation) sharing certain aspects of power. It is not an equal sharing situation, however. If a state law conflicts with a national law the national law stands in higher authority and supremacy and must be followed.
Federalism is a middle position between having an all-powerful central government and a system in which the states have all the power. The writers of the Constitution hoped to establish some limits on national power and still not make the states so strong, a condition experienced through the Articles of Confederation. In this predicament, the central government stands ineffective.
The Constitution protects states in several ways. No state can be divided or merged with another without the consent of the state's government. States have the right to maintain a militia, or a military force called the National Guard, under the control of the state's governor. The governor may call on this militia in local emergencies. Governor Jay Nixon has called out the National Guard to help deal with civil unrest in Ferguson, and also to help fight flooding. In a national emergency, the president may federalize the National Guard, putting it under control of the U.S. armed forces. This happened with the war in Iraq.
The Constitution protects states in several ways. No state can be divided or merged with another without the consent of the state's government. States have the right to maintain a militia, or a military force called the National Guard, under the control of the state's governor. The governor may call on this militia in local emergencies. Governor Jay Nixon has called out the National Guard to help deal with civil unrest in Ferguson, and also to help fight flooding. In a national emergency, the president may federalize the National Guard, putting it under control of the U.S. armed forces. This happened with the war in Iraq.
Each state is largely free to govern itself the way it sees fit. The Constitution does not list the powers of state governments as it does for the national government. It does specify what the state governments may NOT do. Article I of the Constitution forbids states to make treaties with foreign countries or declare war, keep an army in peacetime, issue their own money, or impose taxes on imports from other countries or states. In addition, several constitutional amendments prevent state governments from taking away civil liberties and rights granted by the federal government. The most important of these is the Fourteenth Amendment, which guarantees all Americans "equal protection of the laws."
Reserved Powers
The Tenth Amendment to the Constitution gives the states additional authority. It establishes that state governments may exercise all powers not given to the federal government or denied to the states. These powers are called reserved powers because they are reserved to the states. Some of these powers are to make marriage and divorce laws, regulate education, and hold elections.
Each state is responsible for the public health, safety, and welfare of its citizens. State governments often use their reserved powers to meet this responsibility. They set up law enforcement operations, such as city police and county sheriffs department. They build roads and bridges and maintain them. They regulate business and trade within the boundaries of the state. They set educational requirements and provide money to run the schools. They organize local governments for counties, cities, and towns. Our own state government may affect many of our daily activities.
Federal Supremacy
The Constitution grants some concurrent powers, those shared by state governments and the federal government. They both have the ability to impose taxes and borrow money. If conflicts do arise between the states and the federal government over certain kinds of powers, the Supreme Court decides the case. Article VI of the Constitution declares that the laws that Congress makes shall be the "supreme law of the land." This clause is called the supremacy clause.
In the landmark case of McCulloch v. Maryland of 1819, the Supreme Court held that Maryland could not tax a branch of the Bank of the United States in Baltimore. This ruling was interpreted to mean that if a state's powers conflict with the powers of the federal government, federal powers take precedence.
In the landmark case of McCulloch v. Maryland of 1819, the Supreme Court held that Maryland could not tax a branch of the Bank of the United States in Baltimore. This ruling was interpreted to mean that if a state's powers conflict with the powers of the federal government, federal powers take precedence.
States' Rights v. Nationalists
Throughout our history, we have argued over how federalism should operate. One view, which was held by most of the states, argues that because the states created the national government, all of the national government's powers should be limited. Those who favor this view, the States' Rights view, believe that state governments are closer to the people and better reflect the people's wishes than the national government can. On the other hand, Americans who support the nationalist position argue that the people, not the states, created the national government and the states. Therefore, the powers granted to the national government should be extended to carry out what ever happens to be the people's will. Supporters of this nationalist position argue that the "necessary and proper" clause of the Constitution means that Congress has the right to adopt any means it needs to carry out its delegated powers. Supporters of the nationalist position look to the national government to take the lead in solving major social economic problems facing the nation.
The balance of powers between the national and state governments has shifted back and forth throughout the history of our nation. The national government's ability to wage war, regulate commerce, and levy taxes has increased the national government's authority. However, some believe that state and local governments will always be very important since Americans identify more closely with their local communities and look to these communities to understand their needs.
Governmental Cooperation
We have seen the state and federal governments cooperate together since the 1930s. They work together to fund and administer a wide variety of programs. These include highways, education, and welfare. Usually we see the federal government providing grants-in-aid, or awards of money, to the states to help them pay for some of their programs. States must contribute some of their own money toward these programs and obey the rules set by Congress in order to receive the grants. For example, the federal government contributes 90 percent of the money to build interstate highways but states must comply with a list of regulations, such as the width of driving lanes and the quality of building materials.
The federal government gives some grants-in-aid directly to cities and counties. Other grants will "pass through" state governments to cities. Like the federal government, states award grants to cities and counties, with conditions attached.
The Constitution also helps ensure that states cooperate with each other. Article IV of the Constitution encourages interstate cooperation by requiring states to give "full faith and credit" to the public laws and court decisions of other states. This means, for example, that if people get married in one state, the rest of the states must accept that the individuals are indeed married.
The federal government gives some grants-in-aid directly to cities and counties. Other grants will "pass through" state governments to cities. Like the federal government, states award grants to cities and counties, with conditions attached.
The Constitution also helps ensure that states cooperate with each other. Article IV of the Constitution encourages interstate cooperation by requiring states to give "full faith and credit" to the public laws and court decisions of other states. This means, for example, that if people get married in one state, the rest of the states must accept that the individuals are indeed married.
Article IV of the U.S. Constitution also requires every state to have a "republican form of government." The federal government will defend these state governments if they are threatened. The federal government will protect each state against invasion and domestic violence. When a state or local police force cannot control violent incidents within a state, the governor may call for the assistance of federal troops. This was the case in 1967 when President Lyndon Johnson sent troops to Detroit to help control racial unrest and rioting when Michigan's governor declared that the Detroit police and the Michigan National Guard could not stop the widespread violence.
In return, states provide certain services to the federal government. An example of how states conduct elections for federal offices would show how the president and vice president are elected. This is considered part of the reserved powers of the states. States also play a key role in the process of amending the Constitution. No amendment can be added to the Constitution unless three-fourths of the states approve it.
State Constitutions
State constitutions differ from state to state because every states has its own ideas about what makes a good government. All state constitutions, though, share certain characteristics.
Every state constitution provides for separation of powers among three branches of government, legislative, executive, and judicial. The state constitutions outline the organization of each branch, the powers and terms of various offices, and the method of election for state officials. States have also included their own bills of rights in their constitutions, which include all or most of the protections of the Bill of Rights in the U.S. Constitution. Often, they also include rights not provided in the national Constitution, such as workers' right to join unions and protections for the physically challenged.
Every state constitution provides for separation of powers among three branches of government, legislative, executive, and judicial. The state constitutions outline the organization of each branch, the powers and terms of various offices, and the method of election for state officials. States have also included their own bills of rights in their constitutions, which include all or most of the protections of the Bill of Rights in the U.S. Constitution. Often, they also include rights not provided in the national Constitution, such as workers' right to join unions and protections for the physically challenged.
State constitutions also establish different types of local governments, including counties, townships, municipalities, special districts, parishes, and boroughs. State constitutions usually define the powers and duties as well as the organization of these forms of local government.
State constitutions regulate the ways state and local governments can raise and spend money. In many states the state constitution limits the taxing power of local governments.
Finally, state constitutions establish independent state agencies, boards, and commissions, such as public utility commissions and state boards of education.
Just as the U.S. Constitution is the highest law of the land, a state's constitution is the highest law in that state. State constitutions cannot include provisions that clash with the U.S. Constitution.
Finally, state constitutions establish independent state agencies, boards, and commissions, such as public utility commissions and state boards of education.
Just as the U.S. Constitution is the highest law of the land, a state's constitution is the highest law in that state. State constitutions cannot include provisions that clash with the U.S. Constitution.
The amendment process is an important part of every state constitution. While the procedure for changing the constitution varies from state to state, it is usually a two-step process similar to amending the U.S. Constitution. An amendment must first be proposed, generally by the legislature, then it must be ratified by the voters. As states' powers have grown and changed, state constitutions have been amended hundreds of times.
