State and Local Government

Think about the name of the United States of America. As the name shows, the country has both a united national government and a collection of state governments. In the following questions, you will learn about the relationship between the national government and state governments. You will also learn about how state and local governments work.

Many countries have both a national government and state governments. However, these countries divide power differently between the national and state governments. The table below describes three different systems for dividing power.

Has the United States always had a federal system?

No. After declaring independence from Great Britain, the 13 states agreed to the Articles of Confederation, a governing document that gave state governments the most political power. But during the 1780s, the national government was too weak to raise money or support a military. Many Americans thought a new plan of government should be created.

In 1787, a group of representatives from the states drafted the Constitution, a new plan for government that created a federal system for the United States.

In the United States, the national government is also called the federal government.

Under a federal system, the federal government and the state governments share power. The ideas behind the federal system come up several times in the United States Constitution. For example, the Tenth Amendment describes an important part of the federal system. Read the text of the Tenth Amendment. Then follow the instructions below.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

delegated: assigned

United States: the federal government of the United States

prohibited: forbidden

are reserved: belong

What powers does the Constitution not allow the states to have?

Here is a list of some of the things that the Constitution says states are not allowed to do:

• print money

• sign treaties or declare war on other countries

• ignore contracts signed in other states

• take away rights that the Constitution guarantees to American citizens

Sometimes it is not clear what powers a state government has. The passage below describes a conflict between a state government and the federal government over schools that were segregated, or divided, by race.

Before 1954, many states segregated public schools based on race. In these states, African American students and white students were not allowed to go to the same schools. Opponents and supporters of segregation disagreed about whether the state government or the national government had the power to decide whether schools should be segregated:

• • • Opponents of segregation argued that the federal government needed to protect rights of American citizens that were denied by segregation.

    • Supporters of segregation argued that state governments had the power to decide whether their schools should be segregated.

In the case Brown v. Board of Education (1954), the U.S. Supreme Court ruled that segregated schools violated the rights of American citizens under federal law. The court ordered states to stop segregating schools. When the state government of Arkansas refused to obey the Supreme Court, the president of the United States sent soldiers to enforce the court's decision.

What happens when federal law and state law say different things?

According to the Constitution, federal law is supreme over state law. This means that state law should not go against federal law.

The Supreme Court decides whether the Constitution allows the federal government or state governments to do something. Whatever the Supreme Court decides, both the federal government and state governments are supposed to respect that ruling.

Like the federal government, states have three branches of government. This division is called a separation of powers, so that no one person or part of government becomes too powerful. The diagram above shows the way most states structure their governments.

Are there any differences between state governments?

Yes! Although all states have three branches of government, the powers and structure of these branches differs from state to state. For example, in some states, the governor appoints judges to the state supreme court, while in other states judges are elected by voters.

Another difference has to do with state legislatures. In 49 out of 50 states, there is a bicameral legislature, or one with two houses such as a senate and a house of representatives. But Nebraska has a unicameral legislature, or a legislature with only one house.

Along with dividing power into different branches, state governments also have checks and balances that allow one branch of government to check, or limit, the power of another branch. Through checks and balances, state governments hope to stop a branch from abusing its power or gaining too much power.

Why are there so many checks and balances in state government?

Checks and balances are meant to stop any one branch of government from becoming too powerful. They are also meant to stop public officials from abusing their power.

For example, state constitutions include ways to get rid of a governor who is abusing his or her power or not doing his or her job well. Sometimes, a state legislature can remove a governor from office. Some states also allow voters to vote to recall governors, or remove them before their term of office is over.

State governments play an important role in many government services for people in their states.

Do you live near a state university?

All 50 states support public colleges and universities. Some of these universities and colleges are in major cities, while others are in rural areas.

Do kids pay taxes?

Yes! Although Americans under the age of 18 cannot vote, they do pay taxes. For example, if a state has a sales tax, then kids pay the tax when they buy most goods. Many people under the age of 18 also pay state income taxes for the jobs they work.

State governments are involved with many different parts of people's lives. Citizens have opportunities to influence state government by voting for many state officials during elections.

How can you find out what's happening in your state government?

Here are some of the ways that you can see what your state government is doing:

• read the newspapers and news blogs that cover your area

• check out the websites for your local state agencies

• email your state representatives to ask about their positions on important issues

• watch your local news

Who do mayors and city council members represent?

In many cities, a mayor is a representative that is elected by the entire city.

Usually, each member of a city council is elected by certain areas or neighborhoods. If someone from that area has an idea or problem concerning the local government, they can reach out to their local representatives.

Sometimes, these local representatives are called city councilmembers. Some cities call their local representatives aldermen or selectmen.

Like state governments, local governments need revenue to pay for their services. Some of this revenue comes from the state and federal government. Other revenue comes from taxes and fees paid by people who live in that community. One of the most common revenue sources for local governments is property taxes, or taxes paid by the owners of land, houses, vehicles, or other buildings.

Do all local schools get the same amount of money?

No. Property taxes are one of the common ways that local governments pay for schools. The amount someone pays in local property taxes depends on how valuable his or her property is. So, communities with a lot of valuable property can collect more taxes to spend on schools. That means that some communities have much more money to spend on local students than other communities.

The United States has a federal system in which the national government and state governments each have authority. State governments divide themselves into legislative, executive, and judicial branches. While state governments are all similar to one another, local governments take different shapes. For example, in many cities, a city council appoints an unelected city manager to make sure the laws of the city are followed. In all these forms, people have many ways to participate in their state and local government, including by voting, protesting, and writing to their representatives.

Making a difference

Throughout their history, Americans have fought to make changes at the local, state, and national level.

For example, during the civil rights movement, activists fought to change local laws they thought were unfair to African American people and other minorities. These activists opposed unfair state and federal laws that segregated businesses and schools and stopped minorities from being able to vote. By focusing on each level of government, activists were able to change many laws.

In 1954, Rosa Parks was arrested in Montgomery, Alabama, because she refused to follow a local law and give up her bus seat to a white person. Her action was part of a series of protests that led to the local laws being changed.