Chapter 4 and 24 Study Guide

Federalism- is a system of government in which a written Constitution divides the powers of government on a territorial basis. The division is made between a central, or national, government and several regional of local governments.

Division of powers- was implied in the original Constitution and then spelled out in the 10^th Amendment. Produces a dual system of government.

Delegated powers- it has only those powers granted to it in the Constitution. There are expressed, implied an inherent powers.

Expressed powers- are those delegated to the National Government. It is spelled out expressly in the Constitution.

Implied powers- are those that are not expressly stated in the Constitution but are reasonably implied by those powers that are. Is found in one of the expressed powers called "necessary and proper."

Inherent powers- are those that belong to the National Government because it is the national government of a sovereign state in the world community. The Constitution does not expressly prove for them but are powers that national governments have historically possessed.

Reserved powers- are the powers held by the States in the federal system. They are those powers not given to the National Government and yet denied to the States.

Exclusive powers- are those that can be exercised only by the National Government. They include most of the delegated powers.

Concurrent powers- are those that both the National Government and the States possess and exercise. They include the power to lay and collect taxes.

Powers denied to the National Government- Constitution denies power to levy duties on exports, deny freedom of religion, press or assembly and conduct illegal searches or seizures. Many powers are denied because of the "silence" of the Constitution.

Powers Denied to the States- no State can enter into any treaty, alliance or confederation. It can neither print coin money nor deprive any person of life, liberty or property without due process of law.

The Federal System and Local Governments- discussed in terms to national, State and local. There are two basic federal systems: National and the 50 States. All local governments are considered subunits of the States.

The Supreme law of the Land- the Constitution stands above all other forms of law in the United States. Acts of Congress and treaties are the next in line.

The Supreme Court and the Federal Court System- the Supreme Court is the umpire in the federal system. Its chief duty is to apply the Supremacy Clause to the conflicts which hat dual system of government inevitably produces.

The Nations Obligations to the States- Constitution places several obligations on the National Government for the benefit of the States. Most of the obligations can be found in Article IV.

Guarantee of a Republican Form of Government- Constitution requires the National Government to "guarantee to every State in this Union a republican form of government." The Constitution does not define it and so the Supreme Court has regularly refused to do so.

Protection against Invasion and Domestic Violence- National Government must "protect each of the States against invasion…" this was created in the 1780’s when it was not certain that all 13 States would stand together if attacked by foreign countries.

Respect for Territorial Integrity- National Government is constitutionally bound to respect the territorial integrity of each States. They must recognize the legal existence and the physical boundaries of each State.

Admitting New States- Congress has the power to admit new States to the Union. The Constitution only places one restriction on that power and it is creating a State by taking territory from one or more of the existing States without the consent of the legislatures of the State.

Admission Procedure- the area wanting Statehood must first petition Congress for admission. If they agree, they pass an enabling act.

Enabling act- directs the framing of a proposed State constitution. A convention prepares the constitution and is then put to a popular vote in the proposed State.

Act of admission- Congress still agrees to Statehood after reviewing the document. If the President signs the act, the new State enters the union.

Conditions for Admission- each State enters the US on an equal footing with each of the other States. Congress can set certain conditions but cannot impose conditions of a political nature on the States.

Federal Grants in Aid- grants of federal money or other resources to the State. These grants provide those levels of government with the funds often needed to carry out many of their functions.

Block Grants- grants to State and local governments with more broadly defined purposes and fewer strings attached. By the 1980’s, federal grants accounted for approximately 25% of all State and local government expenditures.

Revenue Sharing- a different form of federal money aid that was instituted from 1972 to 1987. Congress gave an annual share of the huge federal tax collection to the States.

Other Forms of Federal Aid- one well-known example is the FBI’s extensive help to State and local police. The army, National Guard, and other aids can help the State in what ever situation they are in.

State Aid to the National Government- States and their local units of government also aid the National Government in national elections. They also help in naturalization.

Interstate Relations- the Constitution strengthened the hand of the National Government. The Constitution also dealt directly with States’ relationship with one another.

Interstate Compacts- agreements among States and foreign states. Only 26 compacts until 1920 were made in this form.

Full Faith and Credit- respect the validity of - the proving of that will as a judicial proceeding of the State.

Exceptions- Full Faith and Credit Clause are regularly observed and usually operate in a routine way between and among the State. The exceptions are only to civil, not criminal and divorce issues in States.

Extradition- a legal process in which a fugitive from justice in a State is returned to that State from another. Is designed to prevent a person from being able to escape justice by fleeing a State.

Privileges and Immunities- a resident of one State will not be discriminated against unreasonably by another State. Court has never handed down a full list of privileges and immunities.

Initiative- voters can propose by petition constitutional amendments in 17 States. In 21 States, voters can use the initiative to initiate ordinary statues.

Referendum- a process in which a legislative measure is referred to the State’s voters for final approval or rejection. The different forms are mandatory, optional and popular.

The State Constitutions- each State has a written constitution. The State constitutional is that State’s fundamental law and it distributes power among the various branches of State government.

The Legislature: Structure and Size- the legislature is the lawmaking branch of the State government. It is responsible for translating the public will into the State’s public policy. Size is determined by equalization of legislature power.

The State Legislatures- most of the details of service in each State are alike. But some States share traditions of government that help explain why they are similar.

Qualifications- a representative must be 21 years old and a senator 25. These vary from state to state by they are about the same. Getting elected is based on the ability of the candidate getting votes and campaigning.

Election- voters vote by popular elections to select legislators in every State. Most of the State has elections during the last month of November of even-numbered years.

Terms- they serve either two-years or four-year terms. More than ¼ of the 7,461 State legislators serve their first term in office.

Compensation- some people refuse to run because they do not have the financial support to run for office and stay in office. Some States provide some sort of additional allowances to help with financial burdens while in office.

Legislative Sessions- 42 State legislatures hold annual sessions because legislators cannot handle the legislative workload load by meeting every other year. All 50 governors can call special sessions to allow the lawmaking body to take up urgent matters.

Powers of the Legislature- State constitution does not grant exclusively to the executive or judicial branches. Neither can the US Constitution deny the legislature.

Legislative Powers- pass any law that does not conflict with federal law or with any part of that State’s constitution. Most State constitution do list several import powers like taxing, spending and borrowing, establishing courts, define crimes and provide punishment.

Non-legislative Powers- governor’s can appoint certain officials by approval of the legislature. The two types of non-legislative powers are executive and constituent.

Organization of the Legislature- each State legislature is organized in much the same manner as Congress. So when looking at State legislatures, one will see similarities to Congress.

The Presiding Officers- the lower house in each State elects its own presiding officer or speaker. The senate chooses its own presiding officer. The lieutenant governors are chosen by a vote of the full membership in the legislature.

The Committee System- works like the Congress. They sort out those bills that will reach the floor and when they inform the full chamber on measure they have handled.

The Legislative Process- only a member many introduce a bill in either house in any of the State legislatures. A large number of bills come from public sources, officers and agencies of the State and local governments.

Direct Legislation- States allow voters to take a direct part in lawmaking process. These forms are initiative and referendum.

The Initiative- a certain number of qualified voters must sign initiative petitions to propose law. In a direct, the measure goes directly to the ballot but in indirect; the proposal goes first to the legislature.

The Referendum- mandatory is involved whenever the legislature is required to refer a measure to the voters. Optional is one that the legislature refers to the voters voluntarily. Popular is most often connected with the idea of direct legislation.

The Governorship – This is the chief executive power in each of the 50 states. He/She is usually always the central figure in the government and is usually a well-known national personality

Selecting the Governor – Most people in each state is eligible for governorship. The requirements are: the candidate must be a US citizen, at least 25 or 30 years old (depending on the state), and have residency in that state. There are also informal requirements and they very from state to state. The person must have great charisma and in some states your sex, race, or even religion can effect their vote/selection

Selection – In every state the governor is selected by popular vote. In nearly half the states, the governor and lieutenant governor run as a team. In five states; Arizona, Georgia, Louisiana, Mississippi, and Vermont; only a plurality (plurality means a candidate can win by having just one more vote then the other candidate/s) is needed for election

Term – In 48 states the term of a governor is 4 years, in the other two; New Hampshire and Vermont; the term is only 2 years. In more than half the states 2 terms is the limit a governor can hold in office. In two states; Kentucky and Virginia; the governor can only have one term, stopping them from succeeding themselves.

Succession – This happens when there is a vacancy in the governorship, from anything from death to presidential appointment. When this does happen the state constitution tells what will happen. In 43 states the lieutenant governor steps up. In Maine, New Hampshire, New Jersey, and West Virginia the president of the senate takes his/her place. And in Arizona, Oregon, and Wyoming the office passes to the secretary of the state.

Removal – The governor can be removed from every state except Oregon by impeachment. In 16 states, the voters also have the power to recall a governor.

Compensation – The average salaries of governors is about $90,000. The range is large, anywhere from $55,000 to $135,000. Most states also give the governor a residency, generally called the governor’s mansion, and a more or less generous expense account

The Governor's Executive Powers – The governor is usually referred to as the state’s chief executive. The governor is actually only a part of or the power because he is "the first among equals". However, it is the governor to whom the people look for guidance. The governor is also given some specific powers:

Appointment and Removal – A big part in the governorship is the ability to select and hire loyal assistants. The governor does not have the power to fire other elected officials, and the people to which the governor can hire/fire must first be ok’ed by the senate

Supervisory Powers – The governor must have the ability to manage the people who staff the State’s executive branch. Here again, though, the governor only has limited power, limited by the state constitution and agencies which do not fall under the governor’s power

The Budget – Annually or biannually, the governor makes the state budget. It is then giver to the senate and then it has the power to change the amount of money which is designated to each expenditure, but the governor’s budget has a lot of weight

Military Powers – Each state constitution makes the state government the commander and chief of the state’s militia. The state also has the power to call on and command the National Guard.

The Governor's Legislative Powers – The governor also has important legislative powers. With the governor’s "clout", the governor is also usually viewed as the chief legislator

The Message Power – This is the power to recommend legislation. A strong governor can do much with this power and the governor’s legislation plan is given to lawmakers in a yearly State of the State address

Special Sessions – In every state the governor has the power to call the legislature into special session. This has also been used as a threat by the governor, that is, if the legislators did not pass a bill the governor would call them back for a special session

The Veto Power – Except for North Carolina, the governor in every state has the power to veto measures passed by the legislature. The power to use this against legislation is usually a very big one when the legislator votes on bills

Item veto – In 43 states, the governor has this power. That is, the governor may pass one or more parts but still pass the bill. There is a power for the legislature to overrule a governor’s veto, but in most states it requires a 2/3 majority vote

The Governor's Judicial Powers – The governor has the power to pardon, commute, reprieve, and parole. Pardon is when the criminal is forgiven of their crime/s; commute is the action of reducing a sentence; reprieve postpones the execution of a sentence; and a parole allows the release of a criminal before their sentence is up

Pardon – A pardon is when the criminal is forgiven of their crime/s. In most states a pardon may be full of conditional, and it an only be granted after the sentence has been made

Commute - This is the action of reducing a sentence. An example of this is reducing a death sentence to life imprisonment.

Reprieve - This postpones the execution of a sentence. This can be used by governor’s, this last sentence is just to fill space because there was only that first sentence in the book

Parole – This allows the release of a criminal before their sentence is up. This governor in most states has all the power listed, but in some situations these powers are shared with other boards

Other Executive Officers – As seen, the governor must share their powers with other elected officials. The people selected for these jobs must have many different qualifications

The Lieutenant Governor – Like the Vice President, he/she has very little to do. In most states the lieutenant governor takes the place of the governor in a vacancy and is the head of the senate. There are also seven states that don’t even have a lieutenant governor!

The Security of State – This position exists in every state except Alaska, Hawaii, and Utah. The Security of State is the state’s chief clerk and record-keeper; s/he has great access to a great variety if public documents, records the official acts of the governor and the legislature, and usually administers the election laws.

The Treasurer – The Treasurer is the custodian of the state’s funds, they are the State’s chief tax collector, and regularly the State’s paymaster. His/her main job is to make payments out of the state’s treasury

The Attorney General – This position is usually considered as the state’s lawyer. S/he acts as the legal adviser the state officers and agencies as they perform their factions. Most of the Attorney General’s power comes with his/her interpretation of the constitution and stationary law

County – This is a major part of local government. These are found in all states except Connecticut and Rhode Island. In Louisiana these are also known as parishes and in Alaska, these are known as boroughs. The powers of counties very from region to region but most serve mostly as judicial districts.

Parish – This is Louisiana’s term for counties. That is all a parish is so this sentence is made to be a filler

Borough - A major unit of local government in Alaska, similar to counties in other states. This again is a filler because once more that is all that is all a borough is

Townships - A term used for a subdivision of a county in many states. These are mainly found on the east coast, and they are usually where people settled and needed the services of a local government

Special district – Local unit of government, created to perform, usually, a single public function in a locale school, library district, etc. Most of these special districts were created after the great depression and their numbers are still growing

Common Elements of County Governments – The county governments usually differ greatly. But, most of the county governments consist of a governing body, elected officials, a number of boards, and appointed bureaucrats

The Governing Body – This is usually referred to as the county board. Almost always the members of this board are elected and usually there are two boards they are divided into, the board of commissioners and the boards of supervisors (the supervisors is usually more powerful and is usually larger then the commissioners). The amount of power each part of government has is usually described by the state’s constitution

Elected Officials – Other officials with county wide jurisdiction are the sheriff, the clerk, the assessor, the treasurer, the auditor, the district attorney, the superintendent of schools, and the coroner

Boards or Commissions – Some of the elected persons listed above sometimes have authority over a number of county functions. An example of these are the fair board, a library board, a planning commission, a hospital board, a board of road viewers, a board of health, and; sometimes; a civil service commission

County Bureaucracy – Counties now employ about 2 million people. These people do the day-to-day work of each of the nation’s 3,043 counties.

Functions of Counties – Counties are forced to help enforce the state laws and the states constitution/legislation. Historically counties have been instituted of rural government; they would usually build jails and collect the taxes. As more counties become urbanized many counties take on more rolls like providing water, a sewer system, professionally trained police fire and medical units, and operating airports.

Towns and Townships – Towns can be found in New England, and these are the local government, and take the place of counties. Townships were created where settlements were started and needed the excess to local government; so the settlers would install a township, but townships do not have the powers of a county.

The New England Town - Towns can be found in New England, and these are the local government, and take the place of counties. The government of these towns is a 3 member body which hold town meetings open to the public; these are said to be the best examples of direct democracy.

Special Districts - Local unit of government, created to perform, usually, a single public function in a locale school, library district, etc. Most of these special districts were created after the great depression and their numbers are still growing

Forms of City-Government – There are three major state governments, they include a mayor-council, a commission, or a council-manager.

The Mayor-Council Form – This is the oldest and the most widely used type of city government. It features an elected council and as its legislative body. The council is almost always unicameral and the members of the counsel are popularly elected

Strong-mayor government – In this situation the mayor heads the cities administration, usually has the power to hire and fire employees, and prepares the budget. In other words the mayor is able to exercise strong leadership

Weak-mayor government – In this situation the mayor shares most of his/her power with other elected bodies. The appointments, removals, and the budget are controlled by that body alone.

The Commission Form – The body is made of three to nine elected members, usually 5 elected members, and this form of government is very rare. These members then individually head the different departments of the government; depending on the city either the voters or the commissioners themselves are able to pick which department they head.

The Council-Manager Form – This is a modification of the mayor form of government. It usually has a strong counsel; usually five to seven members who were elected at0large on a nonpartisan ballot a weak mayor; chosen by voters; and a manager; the cities chief administrative officer; named by the counsel

Municipal Function – This is what the city provides, like police and fire departments. Most cities also manage public housing projects, clear slums, provide summer youth camps, build and operate docks and other harbor facilities, and maintain tourist attractions

City Planning - Most cities in the United States are built without planning. With the population growing though, the need for planning has been seen, and more cities are beginning to plan for future growth

Planning Growth With the population growing, the need for planning has been seen and more cities are beginning to plan for future growth Many cities are also planning out changes and refurbishing projects to help the cities run smoother

City Zoning – This is when a portion of land is divided into certain districts where only certain things, like houses, can be built. Most cities are divided up into residential, commercial, and industrial zones.

Zoning - Most cities are divided up into residential, commercial, and industrial zones. Zoning can even divide zoned portions of land; an example is a zone for apartments only and another for single-family residence, all in one residential zone

Suburbanites – These areas offered more room; cheaper land; less smoke, dirt, noise, and congestion; and more privacy. That is until a huge shift started in the late 1940’s, of families moving from urban areas to the suburbs, 115 million people moved! This sharp increase in population has put a lot of pressure on the city, with many needs like better education

Metropolitan Areas – This is the inner city and the areas around them. To help relieve the stress the population has put on the suburbs, the metropolitan areas have, in vane, tried to merge with the suburb areas and offer better protection and schooling.