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Civics Unit 4: Federalism, state and local government

Federalism divides power between the national and state governments, and state and local governments handle much of daily life.

Covers: Delegated, reserved and concurrent powers, the supremacy clause, state constitutions, state governments, local governments, public services

Study guide

Federalism divides power between the national government and the states. Delegated (enumerated) powers belong to the national government, such as printing money, declaring war, making treaties and regulating interstate commerce. Reserved powers belong to the states under the Tenth Amendment, such as running elections, creating schools, issuing licenses and setting up local governments. Concurrent powers are shared, such as taxing, borrowing, making and enforcing laws, and building roads. The supremacy clause (Article VI) makes the Constitution and federal laws the supreme law of the land, so federal law wins when it conflicts with state law. Federal grants give states money, sometimes with conditions attached.

Each state has its own constitution and a government with three branches. The governor leads the executive branch, enforces state laws, proposes a budget and can veto bills. State legislatures make state laws; all are bicameral except Nebraska's. State courts handle most criminal and civil cases. Some states allow direct democracy through the initiative (citizens propose laws), the referendum (citizens vote on laws) and the recall (citizens remove officials).

Local governments include counties, cities, towns and special districts like school districts. Cities may have a mayor-council system (an elected mayor and council), a council-manager system (an elected council hires a professional manager) or a commission system. Local governments provide services like police and fire protection, water, trash collection, parks, libraries and public schools, funded mainly by property taxes, sales taxes and state and federal aid. Citizens interact most often with local government, through things like zoning, building permits and public transportation, and they can attend city council and school board meetings to have their voices heard.

The US has a dual court system: state courts and federal courts. State courts usually include courts of limited jurisdiction (magistrates, traffic and small-claims courts), general trial courts, intermediate appeals courts and a state supreme court. Magistrates often handle warrants, bail and minor cases. Categorical grants give states money for a specific purpose and come with strict rules. Block grants give money for a broad area, such as public health, and leave states more freedom in how they spend it.

Under Article IV, states must give "full faith and credit" to other states' public records and court rulings. States must treat citizens of other states fairly (privileges and immunities) and return people accused of crimes who fled to another state (extradition).

Key ideas

• Federalism divides power between national and state governments.
• Delegated powers are national; reserved powers are state; concurrent powers are shared.
• The supremacy clause makes federal law supreme.
• States have constitutions, governors, legislatures and courts.
• Local governments provide everyday services funded largely by property taxes.

Formulas and rules

Common mistakes

• Thinking driver's licenses come from the federal government; states issue them.
• Confusing reserved powers (states) with concurrent powers (shared).

Words to know

Federalism

The division of power between national and state governments.

Delegated powers

Powers given to the national government.

Reserved powers

Powers kept by the states.

Concurrent powers

Powers shared by national and state governments.

Tenth Amendment

Reserves undelegated powers to the states and people.

Supremacy clause

Makes the Constitution and federal law the supreme law of the land.

Federal grant

Money from the national government to states.

Governor

The head of a state's executive branch.

State legislature

The lawmaking body of a state.

Initiative

Citizens proposing a law by petition.

Referendum

Citizens voting directly on a law.

Recall

Citizens voting to remove an official from office.

County

A political subdivision of a state.

Mayor-council system

City government led by an elected mayor and council.

Council-manager system

City government where the council hires a professional manager.

Special district

A local government for one purpose, like schools.

Property tax

A tax on land and buildings that funds local services.

Zoning

Local rules about how land can be used.

Sample practice questions

5 more questions like these, from level 1 to 5, are in the practice set.