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Power is divided between the national (Central) government and the local (State) governments in the United States, which is a constitution-based federal system. States as well as the people have powers that the federal government does not have, and these authorities are divided between state and local governments. The majority of Americans have more interactions with their state and local governments than with the federal government. State and municipal governments are normally in charge of police agencies, libraries, and schools, as well as driver’s licences and parking tickets.
POWERS OF THE NATIONAL GOVERNMENT:
- These limited powers are outlined in Article I, Section 8 of the Constitution as “enumerated powers.” The ability to levy taxes, regulate commerce, establish a standard law of naturalisation, create federal courts, build and maintain a military, & declare war are among the enumerated powers.
- In addition, the Supreme Court has construed the Necessary and Proper Clause to identify “implied powers,” which are those that are required to carry out the powers stated in the Constitution. Justice John Marshall established the idea of implied powers in McCulloch v. Maryland, declaring that a government trusted with great powers must also be entrusted with the authority to carry them out.
- While the federal government is given vast powers by the Constitution, the 10th Amendment declares that “the powers not delegated to the United States by the Constitution, nor forbidden and it’s to the States, are reserved for the States, or to the people.”
- “The powers entrusted to the different States will extend to those objectives which, in the regular course of affairs, affect the lives, liberties, & properties of the people, as well as the internal order, progress, and prosperity of the State,” James Madison noted.
- One of the difficulties with the federal system, as can be seen, is deciding which institution, if any, has the authority to legislate in a certain area. The idea of pre-emption was born out of the situation of conflicting laws between the states and the federal government in general.
- The Supreme Court has suggested that the Supremacy Clause may imply pre-emption of state law through express provision, implication, or conflict between federal and state law under this doctrine. When it would be difficult for someone to comply with both state and federal laws, this is known as impossibility preemption. Pre-emption for purposes and objectives happens when a state law will impede the federal legislation’s purposes and objectives.
POWERS OF STATE GOVERNMENT:
Every state does have its own written constitution, which is typically significantly more detailed than the federal constitution. The Alabama Constitution, for instance, has 310,296 words, which is more than 40 times the number of words in the United States Constitution.
The Executive, Legislative, & Judicial branches of all state governments are modelled after the federal government. The United States Constitution requires all states to maintain a “republican form” of government, though the 3-branch structure is optional.
EXECUTIVE BRANCH:
The Executive Branch is led by a governor who is elected directly by the citizens of each state. In most states, other members of the executive branch are directly elected, including the lieutenant governor, attorney general, secretary of state, auditors, and commissioners. States maintain the right to organise in any way they see fit, hence executive structures vary widely.
LEGISLATIVE BRANCH:
Legislative bodies in each of the 50 states are made up of elected representatives who analyse issues raised by the governor or introduced by the legislature’s members in order to develop legislation that becomes law. The legislature is also responsible for approving the state budget, proposing tax legislation, and initiating impeachment processes. The latter is part of a three-branch structure of checks and balances that parallels the federal system that prevents any branch from misusing its power. Except for Nebraska, which has a unicameral legislature, all states have a bicameral legislature with two chambers: a smaller upper house and a larger lower house. The two chambers work together to enact State legislation and carry out other governing duties. (Nebraska is the only state with a single legislative chamber.) The Senate, the smaller upper chamber, is always referred to as such, and its members typically serve four-year terms. The House of Representatives is the most common name for the larger lower chamber, but some states call it the Assembly or the House of Delegates. Its members typically serve for a shorter period of time, usually two years.
JUDICIAL BRANCH:
The State supreme court, which hears appeals from lower-level State courts, usually leads the judicial branches of the state. Legislation or the state constitution determine court structures as well as judicial appointments/elections. Because the supreme court focuses on correcting errors made by lower courts, no trials are held.
Rulings made in State supreme courts are ordinarily binding; even so, when questions are raised concerning continuity with the U.S. Constitution matters might well be appealed directly to the United States Supreme Court.
Government Responses to Natural and Human-Caused Disasters:
When a catastrophe is announced, the federal government, led by Federal Emergency Management Agency (FEMA), reacts at the request of and in support of disaster-affected States, Tribes, Territories, and Insular Areas, as well as local governments. The National Response Framework organises response actions. The National Disaster Recovery Framework organises short- and long-term recovery efforts (NDRF). To manage the recovery effort from the JFO, FEMA selects a Federal Disaster Recovery Coordinator (FDRC) as a deputy to the FCO.
Conclusion:
On a national level, the federal government establishes policies and administers laws, while state governments do the same with their respective regions of the country. The separation of powers principle governs the duties of state and national government in the United States. A power is the legal right of a government’s executive, legislative, or judicial branch to act.
