Chapter 16 Copyright © by Houghton Mifflin Harcourt Publishing Company Next US Government: Principles in Practice

Chapter 16

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US Government: Principles in Practice

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Chapter 16: State and Local Government Overture

Overture

Section-1 States and the National Government

Section-2 State Government

Section-1

Section-2

Section-3 Local Government and Citizen Participation

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• The Nullification Crisis Learn about the crisis that developed when South Carolina tried to

disregard a federal law. • Learn about the powers of states within the United States and how state constitutions

organize state government. • Amending the State Constitution Use your knowledge to debate a proposed amendment to

your state constitution.

Section 1 at a GlanceStates and the National Government

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States and the National Government

Reading Focus• As you have learned, the word federalism is used to describe the relationship between the

national and state governments. State governments function under the national constitution and a state constitution. State constitutions share important similarities as well as strengths and weaknesses.

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The Buildup Congress passed a tariff on imports in 1828. Many southerners believed this benefited northern states over southern states. The issue became a battle over the power of the federal government versus the states.

• November 1832: South Carolina legislature passes Ordinance of Nullification, voids federal tariff law

• December 1832: President Jackson issues Nullification Proclamation

The Crisis

• 1833: Congress passes compromise tariff

• Disputes over states’ rights continued; fueled debates over slavery

• Some Americans believe states should not be subject to federal law

An Uneasy Resolution

The Nullification Process

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WHAT DO YOU THINK?

1. Should the federal government pass laws that affect different parts of the country in different ways? Explain your answer.

2. Should states have the right to nullify federal laws? Why or why not?

3. Describe a situation from current events that is similar to the nullification crisis. How would you resolve the conflict?

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• States interact with each other as well as with federal government

• Constitution’s full faith and credit clause (Art. IV, Sec. 1) requires each state to recognize civil laws, acts of other states

Relations with Other States

States in the Federal System

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Reading Check

Summarizing How do states relate to one another in the U.S. federal system?

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Reading Check

Summarizing How do states relate to one another in the U.S. federal system?

Answer(s):

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Qualities of State ConstitutionsState constitutions vary by state; some are long; others short; all provide for basic civil rights, limited state government

Changes to State Constitutions

U.S. Constitution amended 27 times; in contrast, because state constitutions easier to amend, most have been amended many times

Constitutional Problems and Solutions• Problems: U.S. Constitution contains fundamental law; state constitutions also contain

statutory law, thus excessive detail• Solutions: Some states have rewritten constitutions to contain more fundamental, less

statutory law

State ConstitutionsThe Constitution’s guarantee clause (Art. IV, Sec. 4) requires that every state have a “Republican Form of Government.”

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Reading Check

Summarizing How are state constitutions similar to and different from the U.S. Constitution?

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Reading Check

Summarizing How are state constitutions similar to and different from the U.S. Constitution?

Answer(s):

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Simulation Amending the State Constitution

Will the citizens of your state make English the state’s official language?In a democracy, government officials must balance majority rule with minority rights when writing and enforcing laws. Consider the issue of English as an official language. In this simulation, use what you learned in Section 1 to debate and then vote on a fictional amendment to your state constitution that would make English the state’s official language.

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Roles• Supporters of the English-language amendment• Opponents of the English-language amendment• Concerned citizens

Simulation {continued}

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The SituationVoters in the state will vote for or against a constitutional amendment to make English

the official language of the state. A citizens’ group has organized a debate on the topic.

The DebateSupporters and opponents will debate.Example of support for the amendment: it will encourage immigrants to learn English.Example of opposition to the amendment: it will limit cultural diversity in the state.

The ElectionVoters should consider all points of view when casting votes.

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DebriefingAfter the votes are tallied, think about the factors you considered before you cast your vote. Write a letter to the editor, explaining how the election results relate to the concepts of majority rule and minority rights.


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• Teen Driving Laws Learn about how and why states have moved toward stricter laws concerning teenagers and driving.

• Learn about how the powers of state governments are spread among three branches. Learn how the legislative, executive, and judicial branches function. Then read about state government finances.

• Budgeting and Public Policy Use your knowledge to debate how best to spend a small surplus in the state’s budget.

Section 2 at a GlanceState Government

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State GovernmentReading Check

Summarizing State governments, like the federal government, divide power among legislative, executive, and judicial branches. In terms of their structure and functions, these state branches mirror the branches of the federal government. Also like the federal government, state governments must find funding for expensive yet essential programs and services.

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Tragedy in Georgia After losing their 17-year-old son, Joshua, in a car accident, his parents helped get a new law passed requiring training for teenage drivers. This Georgia law is called Joshua’s Law.

• Before Joshua’s Law passed, Georgia’s teen drivers had restrictions on driving

• Joshua’s Law made driver’s education mandatory for 16-year-olds who want unrestricted license

• Teen speed-related driving deaths have dropped since law passed

Georgia Driving Laws• State governments regulate driving laws

• Driving laws vary widely by state

• More states implementing stricter teenage driver laws

• 46 states now have three-stage graduated driving system

Other States, Other Laws

Teen Driving Laws

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WHAT DO YOU THINK?

1. Do you think graduated licensing systems are a good idea? Explain your answer.

2. What are your opinions of the arguments for and against strict teen driving laws?

3. How else could society promote teenage driver safety?

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• All but one state legislature (Nebraska) are bicameral, meaning two-house • Number of legislators, length of terms vary by state• All 50 states have governor, chief executive of state government• State courts handle cases involving state laws; federal courts handle cases involving federal

laws. State courts hear about 99 percent of all court cases in the United States.

Organization of State Governments

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Reading Check

Comparing and Contrasting What are two similarities and two differences between the federal government and the state governments?

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Reading Check

Comparing and Contrasting What are two similarities and two differences between the federal government and the state governments?

Answer(s):

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State Legislative Branches

All 50 states have state legislatures that make state laws.

• Citizen legislatures: meet infrequently, small salaries, short terms of office

• Professional legislatures: full-time salaries, longer sessions

• 22 state legislatures combine citizen/professional

Types of Legislatures• Powers: reserved powers; if many state

legislatures pass similar law, Congress may make it federal law

• Organization: officers assign bills to committees, control floor debates; committees consider, report on proposed bills

• Process: if bill approved by committee, it is voted on

How State Legislatures Work

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Reading Check

SummarizingWhat are the major powers and duties of the legislative brand of state government?

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Reading Check

SummarizingWhat are the major powers and duties of the legislative brand of state government?

Answer(s):

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The Governor Roles and Powers• Oversees enforcement of laws• Seeks to attract business to the state• Appoints heads of state agencies• Has legislative power of line-item veto• Has judicial power of executive clemency

Qualifications and Election• Qualifications listed in state constitution• Elected by popular vote

Terms and Salaries• Most serve four-year terms• Salary varies by state

State Executive Branches

Other Executive Offices• Lieutenant governor• Secretary of state• State treasurer• Attorney general

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Reading Check

SummarizingHow are state executive branches organized?

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Reading Check

SummarizingHow are state executive branches organized?

Answer(s):

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• Handles criminal and civil laws• Includes two types of courts:

— Trial courts— Appellate courts

• Guilty verdicts in trial court may be appealed to appellate court (court of appeals)

The State Court System

• Whether judges are elected or appointed by governor or legislature varies by state

• About half of states use Missouri Plan— Combines election, appointment— State bar association, nonpartisan

commission create list of potential judges

— Governor appoints from list, subject to confirming election

Selection of Judges

State Judicial Branches

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Reading Check

Identifying the Main IdeaWhy are the state judicial branches so important to U.S. government?

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Reading Check

Identifying the Main IdeaWhy are the state judicial branches so important to U.S. government?

Answer(s):

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State Services and Finances

State Services

States provide services such as schools, highways, and a police force.

State Budgets

The governor creates a detailed budget proposal. The legislature debates this and makes revisions. The governor then approves it.

State RevenuesState governments pay for services through:

• Taxes: income tax, sales tax• Other revenue: tolls, federal grants, bonds

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Reading Check

SummarizingHow do states pay for the services they provide?

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Reading Check

SummarizingHow do states pay for the services they provide?

Answer(s):

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What state programs will receive additional funding?

State budget officers must make difficult decisions when deciding how to distribute the state’s money. By funding certain programs and not others, state budget officers play an important role in shaping public policy. The final state budget becomes one of the clearest expressions of the state’s goals and priorities. Use what you have learned and the information provided to simulate a hearing involving five state departments and the state budget committee.

Simulation Budgeting and Public Policy

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Roles•State budget committee members•Parks department representatives•Corrections department representatives•Public health department representatives•Transportation department representatives•Education department representatives•State citizens


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• The committee must consider the following factors in its decision:— Merits of departments’ plans— Governor’s public-policy goals— Public opinion

• Department representatives present detailed proposals

The Budget Hearing• Based on the presentations, the state budget

committee will issue its decision on how to award funding. Which departments will receive funding?

The Decision


The Situation The state budget committee is meeting to decide how to spend $1 billion in leftover funding. Five departments need more funds: parks, corrections, public health, transportation, and education.

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DebriefingAfter the state budget committee announces its decision, write a report that evaluates the decision and answers the following questions:

• How does the committee’s decision reflect the governor’s public-policy goals?

• How does the committee’s decision reflect public opinion?

• What does the committee’s decision indicate about the state’s policy goals?

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Section 3 at a GlanceLocal Government and Citizen Participation

• Land Use in Easton, Maryland Learn how the government in one Maryland town addressed the issue of land use.

• Learn about local governments and the services they provide. Examine ways in which citizens can become involved in government.

• Conducting the City’s Business Use your knowledge to debate the issues and make decisions at a fictionalized city council meeting.

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Reading Focus

A variety of local governments provide many of the services you rely on every day. These services are paid for by local, state, and federal revenue. Direct citizen participation in government is often easiest at the local level.

Local Government and Citizen Participation

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In 1999 several national retail companies announced plans to build large stores in Easton, Maryland.

• Easton had historic buildings and residential character

• Residents had concerns:

— Roads/traffic

— Public safety

— Effect on local businesses

A Balancing Act

• Town government ordered moratorium

• Public hearings held

• Impact study conducted

• Ordinance 399, prohibiting stores larger than 65,000 square feet, passed

Local Government Weighs In

Land Use in Easton, Maryland

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2. Who should have the final say about development: government, landowners, or voters? Explain

your answer.

3. What factors should local governments consider when deciding land-use issues?

WHAT DO YOU THINK?

1. Why might government favor development? Why might government oppose development?

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Types of Local Governments

Counties and Townships: All states are divided into counties, the most basic unit of local government. Louisiana’s counties are called parishes; Alaska’s are boroughs. Most counties are governed by a county board. In some states counties are divided into townships.

Cities and Towns: Within counties and townships, people have formed municipalities (cities, towns, villages). The state gives each municipality its legal authority through a process called incorporation. Three main forms of municipal government exist in the United States: the mayor-council system, the council-manager system, and the commission system.

Special Districts: These are districts that provide a single service to a defined area (for example, a school district).

Local Government

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• County governments provide most basic services

– Police

– Roads• Municipal governments provide additional

services

– Libraries

– Garbage collection

Services of Local Government

Local Government

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Reading Check

Identifying Supporting DetailsHow do local governments pay for the services they provide?

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Reading Check

Identifying Supporting DetailsHow do local governments pay for the services they provide?

Answer(s):

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Participatory CitizenshipDemocracy works best when citizens participate by keeping informed about policies and getting involved. They can do this in many ways, such as voting and running for office.

Direct DemocracyForms of participatory citizenship formalized into laws:• initiative process• referendum• recall process

Participating in State and Local Government

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Reading Check

Identifying the Main IdeaHow can U.S. citizens participate in state and local government?

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Reading Check

Identifying the Main IdeaHow can U.S. citizens participate in state and local government?

Answer(s):

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What will be decided at this week’s city council meeting?

City councils meet to make decisions that affect their local communities. These decisions range from the ordinary to the unusual. Use what you have learned and the information provided to complete a simulated city council meeting.

Simulation Conducting the City’s Business

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Roles• Mayor• Council members• Football players• North End resident• Fire chief• Citizen who regularly crosses Main and Elm streets• Citizen against excessive stop lights• President of ABC Gardeners• Previous client of XYZ Gardeners• West End resident• Unemployed factory workers

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The Situation Five items are on the agenda for tonight’s meeting of the Elmsville City Council.

•Mayor runs meeting•Mayor casts deciding vote in case of tie•Follow the agenda•Concerned citizens speak•Council members debate•Mayor calls for vote•Process repeated until all agenda items

addressed

The Meeting• The Elmsville Gazette always runs an article

recapping the events at each week’s city council meeting. Write that article for tomorrow’s edition.

Debriefing


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