The States - Fulton Independent School

Why It Matters
Ask students to recall what they learned
about federal and state powers in Chapter 3. What powers do the states alone
have? What powers do states and the
federal government share? Then lead
a discussion about your state government. 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 differences in education requirements or the
legal age to marry or drive.
The States
1. What powers do state
In the United States, all
governments have?
50 independent states
2. How do states work together
fit together to form one
with other states and with the
country. The federal system
national government in our
allows state governments
federal system?
to serve the needs of their
citizens while cooperating
as a united country.
Federal System
Key Terms
delegated powers, p. 202
reserved powers, p. 202
concurrent powers, p. 203
full faith and credit clause,
When the 13 states ratified 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 federal government. Those powers include
conducting foreign policy, printing money,
maintaining a post office, and defending the
country. Some powers were granted exclusively to the states, while other powers are
shared by state and federal governments.
Powers include: establish
rules concerning marriage,
driving laws, and traffic
regulations; maintain
education systems, conduct
elections, control local
governments
202
the powers of state governments and how state governments work in our federal
system. Use a diagram like this
one to record your notes.
p. 205
extradition, p. 205
State Government Powers
Taking Notes
As you read,
NOTES take notes on
For a few years after they won
their independence, the 13 states
acted like small, separate countries. 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.
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)
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.
Reading Focus
The Main Idea
Key Terms
State Powers
TAKING
BEFORE YOU READ
State Powers
Federal System
Powers Reserved to the States
The states kept control over more local concerns. The Tenth Amendment of the U.S.
Constitution says any power not delegated to
the federal government belongs to the people 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 example, states are responsible for rules concerning
marriage, driving laws, and traffic 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 national elections. States decide most of the
qualifications for voting not otherwise
specified in the U.S. Constitution. In addition, state governments have control over
all governments within their boundaries—
districts, cities, towns, townships, and
counties. Local governments receive their
powers from the states.
CHAPTER 8
Teach the Main Idea
At Level
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,
and shared powers. Tell students to affix the
2. Apply Ask students to write each power
index cards to the poster in the appropriate
the state and federal governments have
column.
individually and those they share on separate
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.
202
CHAPTER 8
Reading Focus
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,
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 funding 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.
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 governments may raise money with sales taxes,
income taxes, and property taxes. The money raised through state taxes pays for state
services such as education, highways, and
health and safety programs.
State Government Powers
Identify What six parts do most
state constitutions have? preamble,
bill of rights, organization of government, election provisions, state affairs
management provisions, amendment
process
Draw Conclusions Why do you
In some states, like California, lottery money
goes to help fund education.
go.hrw.com
ANALYSIS
SKILL EVALUATING THE LAW
KEYWORD: SZ7 CH8
Predict What might happen if
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?
state constitutions did not contain an
amendment process? Constitutions
might have to be rewritten every time
powers and duties of state government
change.
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 borrow and spend money. Without these concurrent powers, states would be unable to
carry out their day-to-day business.
U.S. Supreme Court Cases: Case 3:
Gibbons v. Ogden
STATE GOVERNMENT
Differentiating Instruction
203
Below Level
Answers
Learners Having Difficulty
Create 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.
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.
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
Evaluating 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.
203
Powers
Analyze Charts
This chart should help students differentiate 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, oversee 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
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 exclusively to the states, while others are shared with the
national government.
Federal
Powers
Shared
Powers
State
Powers
State Powers
Shared Powers
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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
Election Oversight
Maintain law and order
Levy taxes
Borrow money
Charter banks
Establish courts
Oversee public health and safety
Enforce laws
Levy Taxes
Info to Know
Silly State Laws Every now and then
lawmakers review old case law and find
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.
Federal elections,
like the presidential
election, are organized and monitored
by the states, not the
federal government.
States alone have
the power to conduct elections. State
election boards are
responsible for organizing all federal and
state elections.
• 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.
The federal government
taxes individual incomes.
Most workers have federal income and Social
Security taxes deducted
from their regular paychecks.
State governments
can also levy taxes.
State taxes include
property taxes, sales
tax, and income
taxes. Not all states,
however, have income taxes.
ANALYSIS
SKILL ANALYZING VISUALS
Why do you think that some powers are
granted exclusively to state governments?
204
CHAPTER 8
Differentiating Instruction
Above Level
Advanced Learners/GATE
Debate 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.
Answers
Analyzing 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
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
State Constitutions
States Work Together
Each of the 50 states has its own constitution.
These constitutions are the rules that organize
the state government. Many state constitutions 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 guaranteed 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 qualifications that citizens must meet for voting
and rules for conducting elections;
• provisions for managing state affairs, such
as education, law and order, transportation,
and finance; and
• methods of amending the state constitution, as well as a list of any amendments
that have been passed.
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 official records by the other states.
For example, marriage certificates, birth certificates, 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 fleeing to another state. For
example, a person who steals a car in Utah
and flees 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 maintained 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 have amended their constitutions as
the powers and duties of state governments
changed. Alabama, for example, has amended its constitution some 650 times since it
was ratified in 1901.
READING CHECK
Finding Main Ideas What
powers are granted to state governments?
Our Federal System
As 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 overlap and often mix. For example, the national, 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.
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 pollution, 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.
States Work with
the Federal Government
Checking for Understanding
Multiple Choice Select the answer
that best completes the following:
States work together with the federal government to
a. extradite criminals.
b. provide aid for natural disaster
victims.
c. defend the country.
d. print money.
Answer: b
The states also work together with the federal government. Federal and state governments often work together to share the
costs of providing a wide range of social
services to the American people. For example, state and national governments cooperate to build highways, assist the unemployed, help people with low incomes, and
conserve natural resources.
State and national governments also
cooperate in times of crisis. After severe natural disasters, such as earthquakes, floods,
STATE GOVERNMENT
Collaborative Learning
205
At Level
Analyze Your State’s Constitution
1. 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 find 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
Answers
Reading Check Powers include
the following: set rules for health,
safety, and welfare of citizens in the
state; set rules concerning marriage,
driving, and traffic regulations;
establish and maintain schools; set
most voting qualifications; conduct
elections.
205
Close
Review the powers of the state and federal governments with students and list
the ways the two types of governments
work together.
Hoover Dam
Arizona
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?
Review
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Online Quiz: Section 1
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Daily Quizzes: Section 1
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 governments to help provide housing, job training,
and medical aid to the victims of the hurricane.
Reteach
Main Idea Activities for Differentiated
Instruction: Section 1
The federal government also aids the
states. For example, after the attacks of September 11, 2001, increasing security became
an important issue. Because the cost of
increasing security at airports and other facilitates 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?
go.hrw.com
Online Quiz
KEYWORD: SZ7 HP8
SECTION 1 ASSESSMENT
Reviewing Ideas and Terms
Critical Thinking
1. a. Define Write a brief definition 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. Define Write a brief definition for the terms
full 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 different if states did not work together with the national
government?
3. Comparing and Contrasting Use your notes
and a graphic organizer like this one to identify federal, state, and shared powers.
206
Federal
Powers
Shared
Powers
State
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.
CHAPTER 8
Section 1 Assessment Answers
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.
206
1. a. delegated powers, p. 202; reserved powers, 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; extradition, 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.