The States

The Main Idea

In the United States, all

50 independent states

fit together to form one

country. The federal system

allows state governments

to serve the needs of their

citizens while cooperating

as a united country.

Reading Focus

1. What powers do state

governments have?

2. How do states work together

with other states and with the

national government in our

federal system?

Key Terms

delegated powers, p. 202

reserved powers, p. 202

concurrent powers, p. 203

full faith and credit clause,

p. 205

extradition, p. 205

TAKING

NOTESAs you read,

take notes on

the powers of state govern-

ments and how state govern-

ments work in our federal

system. Use a diagram like this

one to record your notes.

For a few years after they won

their independence, the 13 states

acted like small, separate coun-

tries. Then they joined together

under an agreement called the Constitution, which

established the rules of the new country. Under the

Constitution, the states set aside some of their own

rights and powers for the good of the whole country.

Those powers went to the new national government.

The states, however, kept some of their powers.

State Government PowersWhen the 13 states ratifi ed the Constitution

and agreed to come together as one country,

they did not want to hand too much power

over to the federal government. Instead,

they chose a federal system that divides

government powers between the federal

and state governments. Some powers—

delegated powers—were given to the fed-

eral government. Those powers include

conducting foreign policy, printing money,

maintaining a post offi ce, and defending the

country. Some powers were granted exclu-

sively to the states, while other powers are

shared by state and federal governments.

202 CHAPTER 8

BEFORE YOU READ

Powers Reserved to the States

The states kept control over more local con-

cerns. The Tenth Amendment of the U.S.

Constitution says any power not delegated to

the federal government belongs to the peo-

ple and the states. These powers are known

as reserved powers.

Reserved powers allow state governments

to establish rules for the health, safety, and

welfare of the citizens of their states. For exam-

ple, states are responsible for rules concerning

marriage, driving laws, and traffi c regulations.

States also maintain education systems. The

Constitution, however, requires that state

laws meet appropriate federal standards and

adhere to Supreme Court rulings.

Another reserved power of the state

is to conduct all local, state, and nation-

al elections. States decide most of the

qualifi cations for voting not otherwise

specifi ed in the U.S. Constitution. In addi-

tion, state governments have control over

all governments within their boundaries—

districts, cities, towns, townships, and

counties. Local governments receive their

powers from the states.

State Powers

Federal System

Why It MattersAsk students to recall what they learned

about federal and state powers in Chap-

ter 3. What powers do the states alone

have? What powers do states and the

federal government share? Then lead

a discussion about your state govern-

ment. Ask students if they know of any

laws that might be particular to their

state and how these laws affect them.

Students’ answers might include differ-

ences in education requirements or the

legal age to marry or drive.

Key Terms

Preteach the following terms:

delegated powers powers held by the

federal government (p. 202)

reserved powers powers held by the

states (p. 202)

concurrent powers powers held by both

federal and state governments (p. 203)

full faith and credit clause part of the

Constitution that ensures each state will

accept the decisions of civil courts in other

states (p. 205)

extradition method of returning fugitives

to the state where they committed a crime

(p. 205)

Taking Notes

Powers include: establish rules concerning marriage, driving laws, and traffi c regulations; maintain education systems, conduct elections, control local governments

State Powers

States control the affairs of their states and citizens. They also share some powers, such as the power to tax, with the federal government. State governments cooperate with each other and the federal government.

Federal System

Teach the Main Idea

The States

1. Teach Ask students the Reading Focus

questions to teach this section.

2. Apply Ask students to write each power

the state and federal governments have

individually and those they share on separate

index cards. Put the cards into a box. Call on

students to pull out a card and say whether

the power belongs to the states, the federal

government, or both.

3. Review Have students create a poster with

three columns: state powers, federal powers,

and shared powers. Tell students to affi x the

index cards to the poster in the appropriate

column.

4. Practice/Homework Instruct students

to write an editorial explaining why it is

important for states to have the power to tax.

At Level

202 CHAPTER 8

Differentiating Instruction

STATE GOVERNMENT 203

Education is expensive. Every day in school, you use

many resources: computers, science equipment, and

sports gear. Your school also employs many people,

such as teachers, a school nurse, and the maintenance

staff. Where does the money to pay for everything

come from?

Education is funded at many

levels: the local, state, and

federal. Most of the money used for school fund-

ing comes from taxes. Some states, though, have

looked for other ways to raise money. One way used

by many states is a lottery. People buy lottery tickets

that give them a very small chance to win lots of

money. People who support lottery funding say that

everyone has to pay taxes, but playing the lottery

is a choice. Other people think lotteries are not fair

because people who earn less money are more

likely to play the lottery. In 2005, 37 states and

Washington, D.C., had lotteries, and 20 states used

some of the money for schools. Some states also

raise education money through slot machines. 1. Is it fair that everyone should pay taxes to

fund schools? Why or why not?

2. What is your opinion about using lotteries

and slot machines to pay for education?

EVALUATING THE LAWANALYSIS

SKILL

In some states, like California, lottery money

goes to help fund education.

Schools and the Lottery

Concurrent Powers

Some government powers are shared by

both state and federal governments. These

shared powers are called concurrent powers.

For example, taxation is a concurrent power.

Both the federal government and the state

governments can tax their citizens. The

national government taxes U.S. citizens

through federal income taxes. State govern-

ments may raise money with sales taxes,

income taxes, and property taxes. The mon-

ey raised through state taxes pays for state

services such as education, highways, and

health and safety programs.

Another important concurrent, or

shared, power is making and enforcing

laws. Similar to the national government,

state governments have legislatures that

propose and pass new laws. Most states

also have a state police force that helps

to enforce those laws and to keep the

states safe.

Other concurrent powers used by the

states are the establishment of state and

local court systems and the power to bor-

row and spend money. Without these con-

current powers, states would be unable to

carry out their day-to-day business.

KEYWORD: SZ7 CH8

go.hrw.com

Reading Focus

What powers do state governments

have?

State Government Powers

Identify What six parts do most

state constitutions have? preamble,

bill of rights, organization of govern-

ment, election provisions, state affairs

management provisions, amendment

process

Draw Conclusions Why do you

think the power to print money was

left to the federal government rather

than the states? Possible answer:

People might have the inconvenience

of having to change their currency

every time they visited another state.

Predict What might happen if

state constitutions did not contain an

amendment process? Constitutions

might have to be rewritten every time

powers and duties of state government

change.

U.S. Supreme Court Cases: Case 3:

Gibbons v. Ogden

AnswersEvaluating the Law 1. Possible

answers: It is fair because educating

children benefits everyone now and

when students enter the workforce later

in life. It is not fair because those who

do not have children should not have to

pay to educate other people’s children.

2. Possible answers: They are a fair way

to pay for education because people pay

into them voluntarily and may win money.

It is not good to use them because those

with the least money are more likely to

play them.

Learners Having Diffi cultyCreate a Collage of State Powers

1. Tell students to review the powers that are

reserved for the states. Discuss the difference

between delegated and reserved powers.

2. Ask students to create a collage using

newspaper and magazine clippings

(especiallly headlines) and their own

drawings to illustrate state government

powers.

3. Have students list the state powers underneath

the collage.

4. Direct students to exchange collages and

compare what each of them has included.

Verbal/Linguistic, Visual/Spatial

Alternative Assessment Handbook: Rubric 8:

Collages

203

Below Level

Differentiating Instruction

204 CHAPTER 8

Powers of the State

The U.S. Constitution established a federal system in

which powers are divided between the national and

state governments. Some powers are granted exclu-

sively to the states, while others are shared with the

national government.

The federal government taxes individual incomes. Most workers have fed-eral income and Social Security taxes deducted from their regular pay-checks.

State governments can also levy taxes. State taxes include property taxes, sales tax, and income taxes. Not all states, however, have in-come taxes.

Shared PowersState Powers

• Maintain law and order

• Levy taxes

• Borrow money

• Charter banks

• Establish courts

• Oversee public health and safety

• Enforce laws

• Establish and maintain schools

• Establish local governments

• Regulate business within the state

• Make marriage laws

• Provide for public safety

• Oversee elections

• Assume other powers not delegated to the national government nor prohibited to the states

Federal elections, like the presidential election, are orga-nized and monitored by the states, not the federal government.

States alone have the power to con-duct elections. State election boards are responsible for orga-nizing all federal and state elections.

Shared

Powers

State

Powers

Federal

Powers

Why do you think that some powers are

granted exclusively to state governments?

ANALYSIS

SKILL ANALYZING VISUALS

Election Oversight Levy Taxes

Analyze ChartsThis chart should help students differen-

tiate between powers given exclusively

to the states and those shared with the

federal government.

• What powers are shared by the federal

and state governments? Maintain law

and order, levy taxes, borrow money,

charter banks, establish courts, over-

see public health and safety, enforce

the laws

• Why do you think it is necessary for

both federal and state governments to

be able to establish courts? Possible

answers: to better handle the large

caseload of the court system; different

courts are needed to try federal cases

and state cases

Info to Know Silly State Laws Every now and then

lawmakers review old case law and fi nd

laws that today seem foolish, silly, or

strange. The following are examples of

such laws that were once—and in some

cases still are—on the books in their

respective states.

• Alabama: It is illegal to wear a fake

mustache that causes laughter in

church.

• Alaska: While it is legal to shoot

bears, waking a bear for the purpose of

taking a photograph is illegal.

• Indiana: In Gary it is illegal to attend

the theater within four hours of eating

garlic.

• Texas: In Mesquite it is illegal for

children to have unusual haircuts.

Advanced Learners/GATEDebate the Power of State Governments

1. Ask students if they think state government

is too powerful or not powerful enough.

Organize students into two groups—too

much power and not enough—based on their

responses.

2. Have students discuss with their groups the

reasons for their beliefs. Encourage them to

cite examples from their textbooks.

3. Then have the student groups debate the

topic. Have groups choose a leader to debate

or have students in each group take turns

contributing their thoughts to the debate.

Verbal/Linguistic

Alternative Assessment Handbook: Rubric 10:

Debates

204

Above Level

AnswersAnalyzing Visuals The needs of

citizens in different states vary, making

it better for a state to set laws for the

unique needs of its own citizens.

204

Collaborative Learning

STATE GOVERNMENT 205

State Constitutions

Each of the 50 states has its own constitution.

These constitutions are the rules that organize

the state government. Many state constitu-

tions contain the following elements:

• a preamble that states the basic principles

on which the state government is founded;

• a bill of rights that lists the rights guaran-

teed to all citizens of the state;

• an outline of the organization of the state’s

government, with the duties of each of the

branches carefully spelled out;

• provisions for elections, including qualifi -

cations that citizens must meet for voting

and rules for conducting elections;

• provisions for managing state affairs, such

as education, law and order, transportation,

and fi nance; and

• methods of amending the state constitu-

tion, as well as a list of any amendments

that have been passed.

States have amended their constitutions as

the powers and duties of state governments

changed. Alabama, for example, has amend-

ed its constitution some 650 times since it

was ratifi ed in 1901.

READING CHECK Finding Main Ideas What

powers are granted to state governments?

Our Federal SystemAs you have read, the U.S. Constitution

establishes a federal system that divides

power between the national government

and the states. Some people see the federal

system as two separate layers of government

with different powers. In everyday practice,

however, the separate layers of powers over-

lap and often mix. For example, the nation-

al, state, and even local governments make

policies regarding education for the nation’s

students. States must work together on many

other issues, and they must work with the

national government if the needs of all the

people are to be met.

States Work Together

By signing the U.S. Constitution, the states

agreed to cooperate with each other. Article

IV, Section 1 of the U.S. Constitution states

“Full faith and credit [acceptance] shall be

given in each State to the public acts, records,

and judicial proceedings of every other

State.” This passage is known as the full faith

and credit clause.

The full faith and credit clause ensures

that each state will accept the decisions

of civil courts in other states. An example

of full faith and credit is the acceptance of

a state’s offi cial records by the other states.

For example, marriage certifi cates, birth cer-

tifi cates, wills, contracts, and property deeds

issued by any one state are accepted by all

other states.

States work together in other ways as

well. A person who commits a crime cannot

escape justice by fl eeing to another state. For

example, a person who steals a car in Utah

and fl ees to Arizona can be returned to Utah

for trial. This process of returning fugitives is

called extradition.

States also cooperate on many projects.

For example, a bridge that crosses a river

bordering two states is built and main-

tained by the governments of both states.

States may also join with other states in

regional groups to work together to reduce

water and air pollution.

States Work withthe Federal Government

The states also work together with the fed-

eral government. Federal and state govern-

ments often work together to share the

costs of providing a wide range of social

services to the American people. For exam-

ple, state and national governments coop-

erate to build highways, assist the unem-

ployed, help people with low incomes, and

conserve natural resources.

State and national governments also

cooperate in times of crisis. After severe nat-

ural disasters, such as earthquakes, fl oods,

Reading Focus

How do states work together with

other states and with the national

government in our federal system?

Our Federal System

Explain What are some ways that

state governments cooperate with one

another? by accepting the decisions of

civil courts in other states, returning

fugitives through extradition, working

together to reduce air and water pollu-

tion, and to build bridges that connect

states

Make Judgments Do you agree

that both the states and the federal

government should be responsible for

building highways? Why or why not?

Students’ answers will vary. Most will

agree that both should be responsible

because the highways connect the

entire country.

AnswersReading Check Powers include

the following: set rules for health,

safety, and welfare of citizens in the

state; set rules concerning marriage,

driving, and traffi c regulations;

establish and maintain schools; set

most voting qualifi cations; conduct

elections.

Analyze Your State’s Constitution1. Obtain a copy of your state’s constitution

from the local library or the Internet.

2. Organize students into pairs. Distribute copies

of the constitution to each pair.

3. Have pairs fi nd the components of most state

constitutions discussed in the section and

highlight them. Then ask them to summarize

these components in their own words.

Verbal/Linguistic

Alternative Assessment Handbook: Rubric 14:

Group Activity

205

At Level

Multiple Choice Select the answer

that best completes the following:

States work together with the fed-

eral government to

a. extradite criminals.

b. provide aid for natural disaster

victims.

c. defend the country.

d. print money.

Answer: b

Checking for Understanding

206 CHAPTER 8

tornadoes, and hurricanes, federal and state

governments often work together to provide

aid to disaster victims. For example, after

Hurricane Katrina devastated a large area of

the U.S. Gulf Coast in 2005, President Bush

announced that the federal government

would work with state and local govern-

ments to help provide housing, job training,

and medical aid to the victims of the hur-

ricane.

The federal government also aids the

states. For example, after the attacks of Sep-

tember 11, 2001, increasing security became

an important issue. Because the cost of

increasing security at airports and other facil-

itates was too expensive for individual states,

the federal government took over the task.

READING CHECK Drawing Inferences Why do

states cooperate with each other and the federal

government?

Reviewing Ideas and Terms

1. a. Defi ne Write a brief defi nition for the terms delegated powers, reserved powers, and concurrent powers.

b. Analyze Why might states amend their constitutions?

c. Evaluate Is it important for state governments to retain control of affairs within their borders? Explain your answer.

2. a. Defi ne Write a brief defi nition for the termsfull faith and credit clause and extradition.

b. Draw Conclusions Why do states have to follow certain federal rules?

c. Predict How might our federal system be differ-ent if states did not work together with the national government?

Critical Thinking

3. Comparing and Contrasting Use your notes and a graphic organizer like this one to identify fed-eral, state, and shared powers.

Focus on Writing

4. Making Generalizations and Predictions

Imagine that there is no full faith and credit clause and that your family intends to move to another state. In a short essay, explain how this might affect your family in your new residence.

KEYWORD: SZ7 HP8

go.hrw.com

Online Quiz

SECTION 1 ASSESSMENT

Federal Powers

StatePowers

SharedPowers

Hoover Dam

The Hoover Dam, which sits in Arizona and Nevada on

the Colorado River, was built under the supervision of

the federal government.

How is the Hoover Dam an example of the federal

government and state governments working together?

Arizona

Close

Review the powers of the state and fed-

eral governments with students and list

the ways the two types of governments

work together.

Review

Online Quiz: Section 1

Quiz Game

Assess

SE Section 1 Assessment

Daily Quizzes: Section 1

Reteach

Main Idea Activities for Differentiated

Instruction: Section 1

Answers

(photo) The federal government

supervised the state’s construction of the

dam.

Reading Check Possible answer:

Working together makes some projects

that benefit people in many states more

affordable.

Section 1 Assessment Answers

1. a. delegated powers, p. 202; reserved pow-

ers, p. 202; concurrent powers, p. 203

b. Possible answer: to meet the changing

needs of their citizens c. Possible answer:

Yes, the state can best address the needs of

its citizens and keep order within its borders.

2 . a. full faith and credit clause, p. 205; extradi-

tion, p. 205 b. The Constitution says states

must follow some federal rules to be part of

the country. c. Possible answer: The federal

government would have little power and the

states would operate as separate countries.

3. Possible answers: shared: tax, establish

courts, borrow and spend money, make and

enforce laws; federal: defend country, foreign

policy, maintain post offices; state: health

and safety laws, marriage and driving laws,

schools

4. Answers should include problems with getting

a marriage license, driver’s license, and so on.

206