Describe the relationship between the state, local, and federal governments in the United States. How have these relationships changed over time.

The constitution makes the central gov. supreme in certain matter, it also makes clear that the stat govs. Have independent powers. The supremacy clause in article VI says the US shall be the supreme law of the land, but the 10^th amendment reserves power to the states. Other legitimate gov. functions made be done by the states except for coining money and carrying out foreign policy. The constitution leaves plenty of room for the meaning of federalism to change over time.

Nine states were needed to ratify the constitution, not a majority of people. ¾ of the states are needed to amend the constitution. No states can be combined or divided without the consent of the states concerned. Constitution also provides for special roles by the states in the selection of national gov. officials. States decide who can vote for house members and each state has two members in the senate. States play an essential part in the complicated electoral college system to choose the president.

Evolution of US federalism-

Economic crisis and pressures generated pressures on the nat. gov. in the 1930’s with the great depression- national gov. has to completely manage national economic affairs, something the states can not do for themselves. Same way with wars and various other problems.

John Marshall in 1803 established the states the court’s authority to declare national laws unconstitutional. – national power over the states. Flectcher v. peck (1810) held judicial review over the states.

Mcculloh v. Maryland 1816- said states could not tax fed bank.

States increased in power prior to civil war. W/ formation of new states and controversy for them to be slave or free – previously couldn’t nullify like in 1833, but now could succeed.

End of civil war- union victory, south surrender. Union now indissoulable- states could not withdraw or succeed.

14^th amendment- no state shall deprive any person w/o due process of law.

During new deal brought areas like welfare and relief to national gov. that had always been to the states. States relied on nat gov.

1990’s reemergence in state power. States accounted for increasing percentage of public spending. Showed states more active in providing the wide range of gov services the public demands

the states accounted for increasing amount of public employees. And fed gov. employees shrank.  Devolution- delegation of power b y the central gov. to state or local govs.   

A. Each state is different. Every citizen operates under dual citizenship- both to state and federal gov. Each state has own constitution.

B. 10^th amendment- reserved powers of the states

C. Dillion’s Rules

      1. State control of local government

2. Local governments are creatures of the state. Can do no more or no less   than the state allows.

            D. State Constitutions

                  1. Only 19 states have had only one constitution

                  2. Each have variation on how approved, changed, and length

                        a. Alabama is the longest b/c includes all local laws

                  3. Variations in terms of procedures

                        a. 49 out 50 require voters to pass amendments

            E. Local governments

                  1. Pattern drop in number of schools districts, increase in special districts

                  2. Types

                        a. Counties- handle records: birth, death, marriage, and real estate

                        b. Cities- get charter from the state. Do more for the state than counties

            F. Policy Differences

                  1. Employment

                        a. Most work for local government

                  2. Spending

                        a. National- payments for individuals, social security, defense, medicare

                        b. State- Education, public welfare, public highways

                        c. Local- education, utilities, police

            G. Revenue

                  1. National

                        a. individual income tax

                        b. social insurance/retirement

                  2. States

                        a. 22% intergovernmental revenue come from feds

                        b. this is tied to specific programs and can easily be taken away

                        c. 21% sales taxes, drop when economy goes down

                        d. 15% individual income taxes

                  3. Local

                        a. intergovernmental revenue- 34%

                        b. property taxes- taxes value of personal property or real estate

                        c. 20% in charges- bills, tolls, and fees

4. How do checks and balances make it difficult for a majority to gain control of the national government. What are the strengths and weaknesses of this design by the framers?

I.                   Intro

Framers believed that tyranny might be avoided if the power of the government was to be fragmented into the component branches: judicial, legislative, and executive, and each component would be made the responsibility of a separate branch of government. To protect from tyranny or any kind of centralized rule, a system of checks and balances was created so that action taken by one branch could be blocked by either one or both of the other branches.

II.                American Revolution

A.    Leaders worried about misrule of the executives and judges

B.     As a result, they had legislative supremacy in the state constitutions and in the Articles of Confederation

C.     An elected legislative body would make gov. effective and non tyrannical.

III.             Separation of Power

A.    worried about legislative tyranny turned to ancient notion of balanced government. Popularized by Montesquie.

B.     Idea is that concentrated power of any kind is dangerous and the way to prevent tyranny is to first fragment gov. power into constituent parts

C.     Articles I,II, and III designate separate spheres of responsibility and enumerate specific powers for each branch

IV.             Checks and Balances

A.    Each branch checked one another in such a way that “ambition be made to counteract ambition.”

B.     No branch of the nat. gov. would be able to act entirely on its own without cooperation of the other branches.

C.     Each branch has power, but no branch is able to exercise all of its powers on its own.

V.                Examples

A.    Congress is given the chief law making power under the constitution. But a bill can become a law only if the president signs it.

B.     The supreme court has the power to reject a law formulated by congress and signed by the president if it is contrary to the constitution.

VI.             Advantages/Disadvantages

A.    prevents tyranny from a centralized ruler. More pure democracy. Every branch takes part- more representation of the people participating.

B.     Dis- takes longer to do things. Things carried out if two or more branches disagree. Creates controversy/arguments among branches if there is a matter where one branch disagrees with the other.