The state must only meet the federal goals and standards. The national government can give the states either formula grants or project grants most commonly issued.
Mandates can also pass from the state to local levels. For example, the state can set certain education standards that the local school districts must abide by. Or, states could set rules calling for specific administration of local landfills. Each state has its own constitution which it uses as the basis for laws.
All state governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. Therefore, in basic structure state constitutions much resemble the U. They contain a preamble, a bill of rights, articles that describe separation of powers between the executive, legislative and judicial branches, and a framework for setting up local governments.
State constitutions also tend to be significantly more lengthy than the U. State constitutions can contain as many as , words Alabama , and have as many as amendments attached also Alabama. Much of this length is devoted to issues or areas of interest that are outdated. Oklahoma's constitution, for example, contains provisions that describe the correct temperature to test kerosene and oil.
California has sections that describe everything that may be deemed tax-exempt, including specific organizations and fruit and nut trees under four years of age. All state constitutions provide for a means of amendment. The process is usually initiated when the legislature proposes the amendment by a majority or supermajority vote, after which the people approve the amendment through a majority vote.
Amendments can also be proposed by a constitutional convention or, in some states, through an initiative petition. All states have a bicameral, or two-house legislature, except Nebraska, which has a unicameral, or single, house. In states where there is no official salary, legislators are often paid on a per diem basis i. Like the national legislature, each house in a state legislature has a presiding officer.
The Lieutenant Governor presides over the Senate, but the majority leader assumes most of the leadership roles. The house elects a Speaker who serves as its leader. Leaders of each house are responsible for recognizing speakers in debate, referring bills to committee, and presiding over deliberations.
Legislators don't wield the only legislative power in state government. In many states, the people can perform legislative functions directly. The ways by which these methods can be implemented vary, but they usually require a certain number of signatures on a petition.
After that, the issue is put on the ballot for a general vote. Initiative - A way citizens can bypass the legislature and pass laws or amend the state constitution through a direct vote. Referendum - A way citizens can approve of statutes or constitutional changes proposed by the legislature through a direct vote. Recall - A way citizens can remove elected officials from office.
It is allowed in 14 states and is hardly ever used. The Governor is a state's chief executive. A governor can serve either a two or four year term. Thirty-seven states have term limits on the governor.
The president and vice-president are the only elected executive positions within the federal government. State governments, however, often have other positions executive elected separately from the governor.
Some examples include:. States rely on a broad range of revenue sources to fund government. The remaining revenues are split between excise taxes on gasoline, cigarettes and alcohol ; corporate income and franchise taxes; and taxes on business licenses, utilities, insurance premiums, severance, property and several other sources. That being said, the general character of a state or state and local revenue system is more important than the nature of any single one of its components.
The relative importance of the major revenue sources for state and local governments changed since Property taxes declined in importance, and their share was picked up mostly by state individual income taxes, charges and miscellaneous revenues.
Since state revenue systems have developed gradually and tax policy is used to address multiple objectives, state revenue systems are likely to include inconsistencies. Insurance Trust Revenue relates to the money that the state takes in for administering programs such as retirement, unemployment compensation, and other social insurance systems. Services and Fees include items such as tolls, liquor sales, lottery ticket sales, income from college tuition, hospital charges and utility fees.
Friday, July 24, The United States has a constitution -based federal system. Federalism is a form of government in which power is divided between a national federal government and local state governments. The Constitution's Supremacy Clause states that federal laws are the "supreme law of the land," after only the Constitution itself.
However, it is clear that the Constitution limits the federal government's powers. Those powers the federal government does have are listed, or enumerated, by the Constitution. Every law made by Congress must be based on one or more of these enumerated powers.
Among other things, they include: the power to levy taxes, regulate commerce, create federal courts underneath the Supreme Court , set up and maintain a military, and declare war. In addition, the Constitution's Necessary and Proper Clause lays out certain "implied powers. As Supreme Court Justice John Marshall noted in , a government entrusted with great powers must also be entrusted with the power to execute them.
What the States Decide The Constitution thus grants broad powers to the federal government. However, these powers are limited by the 10 th Amendment. That amendment declares that those powers not specifically reserved for the federal government are given to the states. As Founding Father James Madison explained, the powers given to each state "concern the lives, liberties, and properties of the people.
They are generally called "police powers. They include the power to set up courts, to levy taxes, and to spend and borrow money. In certain areas of life, it can be difficult to determine whether the federal government or a state government has the power to make laws. This can lead to two conflicting sets of laws. The problem of conflicting state and federal laws has given rise to what is called the doctrine of preemption.
Under this doctrine, if a state or local law conflicts with a federal law, the state or local law must give way. The Constitution denies the states the power to block, delay, or alter federal laws enacted by Congress. An Exception Is an Unconstitutional Law There are a variety of situations in which federal law preempts, or overrides, state law. Preemption occurs when there is an explicit, or clear and obvious, conflict between federal and state laws.
It also occurs when it would be impossible for someone to follow both state and federal laws. Finally, it occurs when the state law would prevent the realization of the purposes and objectives of the federal law. The only exception to the doctrine of preemption is when a federal law is itself unconstitutional. It is bicameral, comprised of the Senate and the House of Representatives.
The Constitution grants numerous powers to Congress, including the power to:. Since the United States was formed, many disputes have arisen over the limits on the powers of the federal government in the form of lawsuits ultimately decided by the Supreme Court. The executive power in the federal government is vested in the President, although power is often delegated to the Cabinet members and other officials.
The President and Vice President are elected as running mates by the Electoral College for which each state, as well as the District of Columbia, is allocated a number of seats based on its representation in both houses of Congress. The President is limited to a maximum of two four-year terms. If the President has already served two years or more of a term to which some other person was elected, he may only serve one more additional four-year term. The Judiciary explains and applies the laws.
This branch hears and eventually makes decisions on various legal cases. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office.
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