Section 1- Part 1 Flashcards
3 Levels of General Purpose Government in the US
National, State, and Local
Government Authority is derived from
Constitution/Charters
General-purpose governments are composed of three branches:
Legislative- Passes laws/ordinances
Executive- administers laws through various government programs
Judicial (General Assembly)- interprets the laws and exercises judicial review over actions of the other branches.
Federalism
The United States has a federal system of government. While people often use the term federal when referring to the national government, federalism actually means that power is distributed among different levels of government and that no one level of government has complete authority over all areas of public policy.
Sovereignty
The national government has sovereignty because it cannot be sued by states or by citizens without its permission. Popular sovereignty means citizens hold ultimate authority through the ballot and even a sovereign government is accountable to citizens.
Since the national government is sovereign, states may not enact laws that violate the Constitution or U.S. Code. Similarly, local governments may not enact laws that violate the state or federal constitution or state statutes.
10th Amendment (Reserved Clause)
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.”
How one level of government may influence another
Grants/other Financial arrangements.
State/locals are “labs of Democracy” because they experiment with policies and procedures that are later adopted at the national level.
An example of upward influence is found in performance reporting. Since the 1990s, the U.S. government has required executive agencies to create performance objectives and performance reports.
State Level- Legislative Branch also known as
General Assembly.
State Level- Chambers of the State Legislature
The chambers of the state legislature are usually named the House of Representatives and Senate, although other names can be used such as Assembly or House of Delegates
Municipal Governments
Municipal governments (cities, towns, villages) are special corporations organized according to state statutes and operating under a charter.
While municipal governments vary considerably, three main types are mayor-council, council-manager and commission.
The mayor-council form could be said to have two branches: executive (the mayor) and legislative (the council).
Constitutional Basis- Articles
LPJ SALR
10 Amendments, 7 Articles:
I. The Legislative Branch
II. The Presidency
III. The Judiciary
IV. The States
V. The Amendment Process
VI. Legal Status of the Constitution
VII. Ratification
US Constitution Article- Article 1
Article I of the Constitution defines powers of the legislative branch. These include (but are not limited to) the power to enact laws, collect taxes, coin money, raise armies and declare war.
By enacting laws, Congress can compel the executive branch to undertake certain activities.
US Constitution - Article II
Article II defines the role and power of the presidency and executive branch. These include (but are not limited to) the power to command the armed forces, grant pardons for offenses against the United States, and to appoint ambassadors and Supreme Court judges with the advice and consent of the Senate.
US Constitution- Article 3
Power of the judiciary is defined in Article III. These include (but are not limited to) power over legal cases arising under the U.S. Constitution and related to treaties and ambassadors; controversies between two or more states; and controversies between citizens of different states.
Separation of Powers
Principle that each branch of government (legislative, executive and judicial) possesses certain powers with regard to the other branches and acts in some ways to constrain the other branches. Checks and balances and judicial review flow from this principle
Checks and Balances
Process by which one branch of government (legislative, executive or judicial) can constrain actions of the other branches. Flows from separation of powers
Doctrine of Separation of Powers
no one branch of government can exercise complete control over another.
Appropriation Laws
A legislative enactment (law, statute or ordinance) that creates spending authority; the legal authority to incur expenses and spend money.
State(Checks and Balances)
Legislatures enact laws that form the state code. State executive agencies, working under the governor, write regulations to guide detailed implementation of programs
The judicial branch within a state has authority and responsibility similar to the federal judicial branch, based on checks and balances and the principle of judicial review.
The executive branch has authority over day-to-day operations of government and has authority to appoint key officials (often with the “advice and consent” of legislators).
Government Components
Organized unit of government, such as agency, office or department. Found in all branches of government at all levels. Example: U.S. Fish & Wildlife Service is a component of the U. S. Department of the Interior.
State Level - Components
the executive branch is comprised of departments and agencies that report to the governor. Some executive departments are common across most states, such as departments of transportation and public health
Government Commissions
Government component established by law, statute or ordinance. May be permanent or temporary. Because it is established by law, it may have greater autonomy and authority than government components that are administratively established. Example: Federal Communications Commission.
Central Management Agencies
The federal government, individual states, and large local governments have central management agencies that provide specialized services to other agencies of the government. For instance, the Office of Personnel Management provides human resource services to all federal agencies, and the General Services Administration manages and maintains buildings for federal agencies
Bases and Hierarchy of Authority
States may not create constitutional provisions or pass laws that violate the U.S. Constitution.
The U.S. Supreme Court has power to rule that a provision of a state constitution is unconstitutional, meaning it violates the U.S. Constitution.
Local governments may not enact laws or policies that violate the state or national constitutions or statutes.