The relationship between and or among the Federal, State, and Local Governments. When the founding fathers created the Constitution they framed it with the idea that power should be spread among the different levels of government. The idea that power should be spread among each level of government is called federalism. The relationship between the Local, State and Federal government can at times be complicated due to the fact that both the state and federal government share certain powers. The 3 levels of government are all connected and sharing certain given powers can create tension among the levels. When power has been shared the question of jurisdiction is inquired by the individuals who power is being enforced upon. The first level of government is less complex compared to the last two levels due to the fact that most services provided by local level governments are exclusively provided by local governments. …show more content…
A prime example of this is shown by the legalization of marijuana. “Although 18 states have legalized the medical use of marijuana, federal law does not recognize or protect medicinal marijuana possession or use; and the federal government can prosecute people who are otherwise protected under state medicinal marijuana laws”. The federal government is superior to the state, laws passed by the federal government override state laws. Even if states pass laws that may protect you at the state level however if challenged at the federal level citizens are at risk of prosecution. The constant battle between states and the federal government causes conflict between the 3 levels of government. The relationship between the 3 levels of government is complicated without answering the question of jurisdiction tension among the level of governments will
...re than one government’s protection. The state governments protect their own states while the federal government protects the whole country.
An example of this would be that the federal government has control over the military, foreign policy, our postal system and the monetary policies. The state government has the responsibility for the police/law enforcement, road building and the schools.
The U.S. Constitution is the framework of our government that defines its powers and limitations, and it describes the relationship between the citizens of the country and the government at national, state and local levels. The U.S. Constitution defines what government can and cannot do, but it does not, however, regulate the behavior of private citizens. Therefore, only government can violate the individual constitutional rights. The principle that only the federal, state, or local governments can violate constitutional rights is called state action. State action also refers to the indirect state involvement when activity is a public function or when private conduct becomes significantly involved with conduct by the government. State action is the main requirement for determining
In my opinion, the relationship between the Federal government and the States is unclear whether which institution has the authority to implement legislations. The vagueness of the American constitution particularly in the 10th Amendment of the Constitution that quote ” 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.” The ambiguous of the American Constitution may be the main cause of the over power of Federal government.
Power is retained by local or regional governments in a confederation system. Before the Constitution of the United States was created, the states were the main powerhouse of the confederation system under the Articles of Confederation. (pg. 48-49) The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states. A federal constitution establishes the structure of a government; intergovernmental relations bring the structure to life. Intergovernmental relations are the way in which the necessary business gets done. Relation...
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
National, Local, and State governments work together cooperatively to solve common problems rather than making separate polices. They work more on an equal level to get things fixed. This type of federalism is hard to tell where one type of government ends and the next one begins. National and state governments are independent and interdependent with an overlap of functions and financial resources. It is difficult for one to accumulate absolute power with this type of federalism.
The reason for much of this power is the principle of judicial review of the actions of the executive and legislative branches of government at both state and federal level against a written constitution and the power therefore to 'interpret' the constitution. The power of judicial review over the states is laid down in the supremacy clause of article III and the power of judicial review over the other two branches of the federal government is implied in the constitution and by several but by no means all of the founding fathers: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of thei... ... middle of paper ... ...
...t that, invariably in the three decisions that gave states more rights, a need to curb national government supremacy was a more important factor than the Tenth Amendment. Indeed, the dual federalist approach was not the major factor either because the three aforementioned cases were all decided more as a response to the expansion of national supremacy than a desire to exert states rights. The Supreme Court has not always been capable of following the correct interpretation of the Constitution because of the effects of prior cases and political influences. In order to do so in the future, the Supreme Court need only remember that the constitution was meant to-- enhance national government power, the national government is supreme when its laws are made in the pursuance of the Constitution, and the Tenth Amendment gives the states a passive and not aggressive power.
Federalism or “federal” ties around a system of government. It controls armies, declares wars, coins money, and regulate trade between states and foreign nations, and treaties (Mrs, Crouse’s powerpoint pg:3 num:9). Specifically this was created to organize the powers that exist in the system of government so everything can be organized. It also divides the power among a central government and several regional governments (Mrs, Crouse’s powerpoint pg:2 num:8). More ever Since everything passes through one system it had to be divided into 3 sections: delegated powers, implied powers, and inherited powers.
Then there is the state government which are responsible for governing affairs within their borders, and carrying out federal laws and programs at the state level. They are governed by their own constitutions and retain any rights that the U.S. Constitution does not exclusively grant to the federal government. The state government is limited as they cannot form alliances with other states and must honor and respect the laws and institutions of the other states. And finally there is the federal government which is the central and highest level of government in the U.S. It is divided into three branches and each branch has its own rights and power to check and balance the powers of each branch. The federal government has the power to regulate taxes, establish federal welfare programs and make laws in the interest of the nation as a whole. There are also limitations set to the federal government’s authority, as they cannot ask local law enforcements agencies to do minor administrative jobs. Although all levels of government have their own responsibilities there are limits to interfering with other governments
Federalism, by definition, is the division of government authority between at least two levels of government. In the United States, authority is divided between the state and national government. “Advocates of a strong federal system believe that the state and local governments do not have the sophistication to deal with the major problems facing the country” (Encarta.com).
How well has federalism worked in the United States? This is all a matter of opinion. Federalism has indeed been an active structure for government that fits in quite well with the changing American society. This particular system of government has been around for over two hundred years, and under all those years the separation of power under American federalism has changed numerous amounts of times in both law and practice. The United States Constitution does allow changes and amendments in the Constitution have assigned miscellaneous roles to the central and state governments than what originally intended. The suitable equilibrium between national and state powers is repeatedly an issue in American Politics.
The basis for county, city and special district governing and authority are laid out in the State Constitution and Government Code. Counties in California are responsible for providing limited services to unincorporated areas. The state Legislature created the Local Agency Formation Commission (LAFCO) in 1963 to control local government fragmentation. The Local Agency Formation Commission (LAFCO) gives counties the power to tax, create special districts and annex unincorporated land to cities in the county (League of Women Voters, 1992).
Federalism is a legal concept that is centered around the concept that law is best handled as a two layered responsibility. Federalism is also built on a belief that sharing power with the local government is key to a successful governance. According to the text book, “the United States was the first nation to adopt federalism as its governing framework” (pg83). The following are a few examples of some advantages, as well as disadvantages of Federalism.