Why It Matters The States Ask students to recall what they learned BEFORE YOU READ TAKING As you read, about federal and state powers in Chap- NOTES take notes on ter 3. What powers do the states alone The Main Idea Reading Focus Key Terms the powers of state govern- ments and how state govern- have? What powers do states and the In the United States, all 1. What powers do state delegated powers, p. 202 ments work in our federal federal government share? Then lead 50 independent states governments have? reserved powers, p. 202 system. Use a diagram like this a discussion about your state govern- fit together to form one 2. How do states work together concurrent powers, p. 203 one to record your notes. country. The federal system with other states and with the full faith and credit clause, ment. Ask students if they know of any allows state governments national government in our p. 205 laws that might be particular to their to serve the needs of their federal system? extradition, p. 205 State Powers citizens while cooperating state and how these laws affect them. as a united country. Federal System Students’ answers might include differ- ences in education requirements or the legal age to marry or drive. Key Terms For a few years after they won Powers Reserved to the States Preteach the following terms: their independence, the 13 states The states kept control over more local con- delegated powers powers held by the acted like small, separate coun- cerns. The Tenth Amendment of the U.S. federal government (p. 202) tries. Then they joined together Constitution says any power not delegated to reserved powers powers held by the under an agreement called the Constitution, which the federal government belongs to the peo- states (p. 202) established the rules of the new country. Under the ple and the states. These powers are known Constitution, the states set aside some of their own concurrent powers powers held by both as reserved powers . rights and powers for the good of the whole country. federal and state governments (p. 203) Reserved powers allow state governments Those powers went to the new national government. to establish rules for the health, safety, and full faith and credit clause part of the The states, however, kept some of their powers. welfare of the citizens of their states. For exam- Constitution that ensures each state will ple, states are responsible for rules concerning accept the decisions of civil courts in other State Government Powers marriage, driving laws, and traffi c regulations. states (p. 205) When the 13 states ratifi ed the Constitution States also maintain education systems. The extradition method of returning fugitives and agreed to come together as one country, Constitution, however, requires that state to the state where they committed a crime they did not want to hand too much power laws meet appropriate federal standards and (p. 205) over to the federal government. Instead, adhere to Supreme Court rulings. they chose a federal system that divides Another reserved power of the state Taking Notes government powers between the federal is to conduct all local, state, and nation- and state governments. Some powers— al elections. States decide most of the Powers include: establish rules concerning marriage, delegated powers —were given to the fed- qualifi cations for voting not otherwise driving laws, and traffi c eral government. Those powers include specifi ed in the U.S. Constitution. In addi- regulations; maintain conducting foreign policy, printing money, tion, state governments have control over State Powers education systems, conduct elections, control local maintaining a post offi ce, and defending the all governments within their boundaries— governments country. Some powers were granted exclu- districts, cities, towns, townships, and sively to the states, while other powers are counties. Local governments receive their shared by state and federal governments. powers from the states. States control the affairs of their states and citizens. They also share some 202 CHAPTER 8 powers, such as the Federal System power to tax, with the federal government. State governments cooperate Teach the Main Idea At Level with each other and the federal government. The States 1. Teach Ask students the Reading Focus 3. Review Have students create a poster with questions to teach this section. three columns: state powers, federal powers, 2. Apply Ask students to write each power and shared powers. Tell students to affi x the the state and federal governments have index cards to the poster in the appropriate individually and those they share on separate column. index cards. Put the cards into a box. Call on 4. Practice/Homework Instruct students students to pull out a card and say whether to write an editorial explaining why it is the power belongs to the states, the federal important for states to have the power to tax. government, or both.
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Schools and the Lottery What powers do state governments have? Education is expensive. Every day in school, you use many resources: computers, science equipment, and sports gear. Your school also employs many people, State Government Powers such as teachers, a school nurse, and the maintenance Identify What six parts do most staff. Where does the money to pay for everything come from? state constitutions have? preamble, bill of rights, organization of govern- Education is funded at many ment, election provisions, state affairs levels: the local, state, and management provisions, amendment federal. Most of the money used for school fund- ing comes from taxes. Some states, though, have process looked for other ways to raise money. One way used Draw Conclusions Why do you by many states is a lottery. People buy lottery tickets think the power to print money was that give them a very small chance to win lots of money. People who support lottery funding say that left to the federal government rather everyone has to pay taxes, but playing the lottery than the states? Possible answer: is a choice. Other people think lotteries are not fair In some states, like California, lottery money People might have the inconvenience because people who earn less money are more goes to help fund education. of having to change their currency likely to play the lottery. In 2005, 37 states and go.hrw.com ANALYSIS every time they visited another state. Washington, D.C., had lotteries, and 20 states used SKILL EVALUATING THE LAW KEYWORD: SZ7 CH8 some of the money for schools. Some states also 1. Is it fair that everyone should pay taxes to Predict What might happen if raise education money through slot machines. fund schools? Why or why not? state constitutions did not contain an 2. What is your opinion about using lotteries amendment process? Constitutions and slot machines to pay for education? might have to be rewritten every time powers and duties of state government Concurrent Powers Another important concurrent, or change. Some government powers are shared by shared, power is making and enforcing U.S. Supreme Court Cases: Case 3: both state and federal governments. These laws. Similar to the national government, Gibbons v. Ogden shared powers are called concurrent powers . state governments have legislatures that For example, taxation is a concurrent power. propose and pass new laws. Most states Both the federal government and the state also have a state police force that helps governments can tax their citizens. The to enforce those laws and to keep the national government taxes U.S. citizens states safe. through federal income taxes. State govern- Other concurrent powers used by the ments may raise money with sales taxes, states are the establishment of state and income taxes, and property taxes. The mon- local court systems and the power to bor- ey raised through state taxes pays for state row and spend money. Without these con- services such as education, highways, and current powers, states would be unable to health and safety programs. carry out their day-to-day business.
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Differentiating Instruction Below Level Learners Having Diffi culty Answers Create a Collage of State Powers 3. Have students list the state powers underneath Evaluating the Law 1. Possible the collage. answers: It is fair because educating 1. Tell students to review the powers that are children benefits everyone now and reserved for the states. Discuss the difference 4. Direct students to exchange collages and when students enter the workforce later between delegated and reserved powers. compare what each of them has included. in life. It is not fair because those who 2. Ask students to create a collage using Verbal/Linguistic, Visual/Spatial do not have children should not have to newspaper and magazine clippings Alternative Assessment Handbook: Rubric 8: pay to educate other people’s children. (especiallly headlines) and their own Collages 2. Possible answers: They are a fair way to pay for education because people pay drawings to illustrate state government into them voluntarily and may win money. powers. It is not good to use them because those with the least money are more likely to play them. 203 Powers of the State
The U.S. Constitution established a federal system in Analyze Charts which powers are divided between the national and This chart should help students differen- state governments. Some powers are granted exclu- Federal Shared State tiate between powers given exclusively sively to the states, while others are shared with the Powers Powers Powers to the states and those shared with the national government. federal government. • What powers are shared by the federal State Powers Shared Powers and state governments? Maintain law and order, levy taxes, borrow money, • Establish and maintain schools • Maintain law and order charter banks, establish courts, over- • Establish local governments • Levy taxes see public health and safety, enforce • Regulate business within the state • Borrow money the laws • Make marriage laws • Charter banks • Why do you think it is necessary for • Provide for public safety • Establish courts both federal and state governments to • Oversee elections • Oversee public health and safety be able to establish courts? Possible • Assume other powers not delegated • Enforce laws answers: to better handle the large to the national government nor prohibited to the states caseload of the court system; different courts are needed to try federal cases Election Oversight Levy Taxes 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 Federal elections, States alone have The federal government State governments like the presidential the power to con- taxes individual incomes. can also levy taxes. church. election, are orga- duct elections. State Most workers have fed- State taxes include nized and monitored election boards are eral income and Social property taxes, sales • Alaska: While it is legal to shoot by the states, not the responsible for orga- Security taxes deducted tax, and income bears, waking a bear for the purpose of federal government. nizing all federal and from their regular pay- taxes. Not all states, state elections. checks. however, have in- taking a photograph is illegal. come taxes. • Indiana: In Gary it is illegal to attend ANALYSIS the theater within four hours of eating SKILL ANALYZING VISUALS garlic. Why do you think that some powers are granted exclusively to state governments? • Texas: In Mesquite it is illegal for children to have unusual haircuts. 204 CHAPTER 8
Differentiating Instruction Above Level Advanced Learners/GATE Debate the Power of State Governments 3. Then have the student groups debate the 1. Ask students if they think state government topic. Have groups choose a leader to debate is too powerful or not powerful enough. or have students in each group take turns Organize students into two groups—too contributing their thoughts to the debate. much power and not enough—based on their Verbal/Linguistic responses. Alternative Assessment Handbook: Rubric 10: Debates Answers 2. Have students discuss with their groups the reasons for their beliefs. Encourage them to Analyzing Visuals The needs of citizens in different states vary, making cite examples from their textbooks. it better for a state to set laws for the unique needs of its own citizens. 204 State Constitutions States Work Together Each of the 50 states has its own constitution. By signing the U.S. Constitution, the states These constitutions are the rules that organize agreed to cooperate with each other. Article the state government. Many state constitu- IV, Section 1 of the U.S. Constitution states tions contain the following elements: “Full faith and credit [acceptance] shall be • a preamble that states the basic principles given in each State to the public acts, records, Reading Focus on which the state government is founded; and judicial proceedings of every other • a bill of rights that lists the rights guaran- State.” This passage is known as the full faith How do states work together with teed to all citizens of the state; and credit clause. other states and with the national • an outline of the organization of the state’s The full faith and credit clause ensures government in our federal system? government, with the duties of each of the that each state will accept the decisions branches carefully spelled out; of civil courts in other states. An example Our Federal System • provisions for elections, including qualifi - of full faith and credit is the acceptance of cations that citizens must meet for voting a state’s offi cial records by the other states. Explain What are some ways that and rules for conducting elections; For example, marriage certifi cates, birth cer- state governments cooperate with one • provisions for managing state affairs, such tifi cates, wills, contracts, and property deeds another? by accepting the decisions of as education, law and order, transportation, issued by any one state are accepted by all civil courts in other states, returning and fi nance; and other states. fugitives through extradition, working • methods of amending the state constitu- States work together in other ways as together to reduce air and water pollu- tion, as well as a list of any amendments well. A person who commits a crime cannot tion, and to build bridges that connect that have been passed. escape justice by fl eeing to another state. For states States have amended their constitutions as example, a person who steals a car in Utah the powers and duties of state governments and fl ees to Arizona can be returned to Utah Make Judgments Do you agree changed. Alabama, for example, has amend- for trial. This process of returning fugitives is that both the states and the federal ed its constitution some 650 times since it called extradition . government should be responsible for was ratifi ed in 1901. States also cooperate on many projects. building highways? Why or why not? For example, a bridge that crosses a river Students’ answers will vary. Most will READING CHECK bordering two states is built and main- Finding Main Ideas What agree that both should be responsible powers are granted to state governments? tained by the governments of both states. States may also join with other states in because the highways connect the Our Federal System regional groups to work together to reduce entire country. water and air pollution. As you have read, the U.S. Constitution establishes a federal system that divides States Work with power between the national government the Federal Government Checking for Understanding and the states. Some people see the federal The states also work together with the fed- Multiple Choice Select the answer system as two separate layers of government eral government. Federal and state govern- that best completes the following: with different powers. In everyday practice, ments often work together to share the States work together with the fed- however, the separate layers of powers over- costs of providing a wide range of social eral government to lap and often mix. For example, the nation- services to the American people. For exam- a. extradite criminals. al, state, and even local governments make ple, state and national governments coop- b. policies regarding education for the nation’s erate to build highways, assist the unem- provide aid for natural disaster students. States must work together on many ployed, help people with low incomes, and victims. other issues, and they must work with the conserve natural resources. c. defend the country. national government if the needs of all the State and national governments also d. print money. people are to be met. cooperate in times of crisis. After severe nat- Answer: b ural disasters, such as earthquakes, fl oods,
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Collaborative Learning At Level Analyze Your State’s Constitution 1. Obtain a copy of your state’s constitution 3. Have pairs fi nd the components of most state from the local library or the Internet. constitutions discussed in the section and 2. Organize students into pairs. Distribute copies highlight them. Then ask them to summarize Answers of the constitution to each pair. these components in their own words. Verbal/Linguistic Reading Check Powers include the following: set rules for health, Alternative Assessment Handbook: Rubric 14: Group Activity 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. 205 Close Hoover Dam Review the powers of the state and fed- The Hoover Dam, which sits in Arizona and Nevada on Arizona eral governments with students and list the Colorado River, was built under the supervision of the federal government. the ways the two types of governments How is the Hoover Dam an example of the federal work together. government and state governments working together? Review -BT7FHBT -BLF Online Quiz: Section 1 .FBE
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SE Section 1 Assessment tornadoes, and hurricanes, federal and state The federal government also aids the Daily Quizzes: Section 1 governments often work together to provide states. For example, after the attacks of Sep- aid to disaster victims. For example, after tember 11, 2001, increasing security became Reteach Hurricane Katrina devastated a large area of an important issue. Because the cost of Main Idea Activities for Differentiated the U.S. Gulf Coast in 2005, President Bush increasing security at airports and other facil- Instruction: Section 1 announced that the federal government itates was too expensive for individual states, would work with state and local govern- the federal government took over the task. ments to help provide housing, job training, READING CHECK Drawing Inferences Why do and medical aid to the victims of the hur- states cooperate with each other and the federal ricane. government? go.hrw.com Online Quiz KEYWORD: SZ7 HP8 SECTION 1 ASSESSMENT Reviewing Ideas and Terms Critical Thinking 1. a. Defi ne Write a brief defi nition for the terms 3. Comparing and Contrasting Use your notes delegated powers , reserved powers , and and a graphic organizer like this one to identify fed- concurrent powers . eral, state, and shared powers. b. Analyze Why might states amend their constitutions? c. Evaluate Is it important for state governments Federal Shared State Powers Powers Powers to retain control of affairs within their borders? Explain your answer. 2. a. Defi ne Write a brief defi nition for the terms Focus on Writing full faith and credit clause and extradition . b. Draw Conclusions Why do states have to 4. Making Generalizations and Predictions follow certain federal rules? Imagine that there is no full faith and credit clause c. Predict How might our federal system be differ- and that your family intends to move to another ent if states did not work together with the national state. In a short essay, explain how this might affect government? your family in your new residence.
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Section 1 Assessment Answers
1. a. delegated powers, p. 202; reserved pow- government would have little power and the ers, p. 202; concurrent powers, p. 203 states would operate as separate countries. b. Possible answer: to meet the changing 3. Possible answers: shared: tax, establish needs of their citizens c. Possible answer: courts, borrow and spend money, make and Answers Yes, the state can best address the needs of enforce laws; federal: defend country, foreign its citizens and keep order within its borders. policy, maintain post offices; state: health (photo) The federal government 2 . a. full faith and credit clause, p. 205; extradi- and safety laws, marriage and driving laws, supervised the state’s construction of the tion, p. 205 b. The Constitution says states schools dam. must follow some federal rules to be part of 4. Answers should include problems with getting Reading Check Possible answer: the country. c. Possible answer: The federal Working together makes some projects a marriage license, driver’s license, and so on. that benefit people in many states more affordable. 206