6. How does the Constitution ensure that state governments have a
History · Middle School · Thu Feb 04 2021
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The Constitution of the United States ensures that state governments have a role in the federal system by establishing a system of federalism. Federalism is the division of powers between the national government and the states. Here is how the Constitution ensures that state governments have a say in the federal system:
1. Tenth Amendment: This part of the Bill of Rights states that any power not given to the federal government, nor prohibited to the states, is reserved for the states or the people. This means that states have powers that are not explicitly mentioned in the Constitution, providing them with a broad range of responsibilities.
2. Senate Representation: Each state, regardless of size or population, has two senators. This equal representation in the Senate gives states a powerful voice in the legislative process. State legislatures used to select their Senators directly prior to the 17th Amendment (1913), which instituted direct election of Senators. Despite this change, the Senate still serves as a body where states are represented.
3. Electoral College: The Electoral College, which is the mechanism for electing the President, ensures that states have a say in the executive branch. Each state gets a number of electors equal to its total number of senators and representatives, influencing states' power in presidential elections.
4. Powers of the States: Certain powers are explicitly reserved to the states, such as the powers related to education, local government, and public safety, among others.
5. Amendment Process: Amending the Constitution requires the approval of the states. Proposed amendments must be ratified by three-fourths of the state legislatures or conventions, granting states considerable influence over the Constitution.
6. Interstate Relations: The Constitution contains provisions for states to interact with one another, including the Full Faith and Credit Clause and the Privileges and Immunities Clause, ensuring that states have to respect one another’s laws and judicial decisions, and cannot discriminate against each other's citizens.