How are the powers of government distributed the federal government and state government

THE SEPARATION OF POWERS IN STATE GOVERNMENT

State governments are similar in structure to each other and to the federal government. Under the principle of the separation of powers, the government of each state has three branches- the legislative, the executive, and the judicial. In the system of checks and balances, each branch has some control over other two branches.

The governor may veto bills from the legislature (the Senate and the house or assembly), in some states, the governor uses a “line-item veto”. This way, he or she does not have to reject an entire law in order to veto parts of it. The governor also appoints judges in the judicial branch. With enough votes in both houses, the legislature can override the governor’s veto.

Like the federal courts, state courts also explain and interpret laws. They can declare state laws unconstitutional (contradictory to the state constitution).

State government includes a system of direct democracy. Through the initiative process, citizens may put proposed laws on the ballot for the people to vote on. They may decide on proposed constitutional amendments or important state issues in a referendum. Through a recall, they can sometimes remove an elected government official from office.

The federal government also has power over state governments. For example, a state constitution or court may not contradict the U.S Constitution, and the U.S. Supreme Court may overrule the decision of a state supreme court. Also, the U.S. President may withhold money from a state if the state refuses to obey federal laws.

Vocabulary:

line-item veto- вето, наложенное на статью закона

to remove- отозвать

to override- перешагивать, переступать

to overrule- отменять

to withhold money- удерживать деньги

5. Say if the following statements are true or false (see the text above):

1. All state governments are similar to one another, but they differ in structure from the federal government.

2. The principles of the separation of powers and checks and balances apply to state as well as the federal government.

3. In a “line-item veto”, the governor can reject parts of initiatives, referendums, or recalls.

4. Citizens may propose law, vote on constitutional amendments, and recall elected officials in the federal system of direct democracy but not in a state system.

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2.How are the powers of government distributed between the federal government and the state governments?
The government of the United States is can deal with the people of the country directly, not just indirectly through the states. This is certain powers such as the powers to make war and deal with other nations are granted exclusively to the national government and are denies to the states. Still others such as law enforcement and taxing powers overlap and can be exercised by both the national and state governments.

3.What are the three branches of the national government?
The national government features a separation of powers. Its executive branch, its legislative branch, and its judicial branch exercise powers that are largely separate and distinct.

4.What is the system of «checks and balances»? How is it exercised?
The separation and the overlapping of powers are called checks and balances. It is a presidential check on the power of Congress. If in disagreement with a bill passed by Congress, the President can veto it. In that case, the bill cannot become law unless it is again passed by both houses of Congress, but this time it must be passed by a two-thirds vote of both the House of Representatives and Senate to become law.

5.In what way does the legislature exercise a check on the executive branch?
Within Congress, itself, each house checks the power of the other because it takes the agreement of both houses to make a law. The judiciary checks the powers of the executive and legislative branches through its authority to interpret the law and the Constitution and to issue orders binding on the other branches.

6.What limits the powers of the national and state governments?
The national governments power is not limited by states power. The only powers the states have are those the Federal government has not reserved for itself. But in a dispute the Federal government can and will use military force if necessary.

7.What is known as the Bill of Rights?
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a «bill of rights» that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.

What Is Federalism? Definition and How It Works in the US

A Government System of Shared Powers

Federalism is a hierarchical system of government under which two levels of government exercise a range of control over the same geographic area. This system of exclusive and shared powers is the opposite of «centralized» forms of governments, such as those in England and France, under which the national government maintains exclusive power over all geographic areas.

In the case of the United States, the U.S. Constitution establishes federalism as the sharing of powers between the U.S. federal government and the individual state governments.

The concept of federalism represented a solution to functional problems with the Articles of Confederation which failed to grant several essential powers to the national government. For example, the Articles of Confederation gave Congress the power to declare wars, but not to levy taxes needed to pay for an army to fight them.

The argument for federalism was further strengthened by Americans’ reaction to Shays’ Rebellion of 1786, an armed uprising of farmers in western Massachusetts. The rebellion had been driven, in part, by the inability of the federal government under the Articles of Confederation to pay the debt from the Revolutionary War. Worse yet, due to the federal government’s lack of power to raise an army to deal with the rebellion, Massachusetts had been forced to raise its own.

During America’s Colonial Period, federalism generally referred to a desire for a stronger central government. During the Constitutional Convention, the Party supported a stronger central government, while «Anti-Federalists» argued for a weaker central government. The Constitution was created largely to replace the Articles of Confederation, under which the United States operated as a loose confederation with a weak central government and more powerful state governments.

While each of the 50 U.S. states has its own constitution, all provisions of the states’ constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution’s 6th Amendment.

Under the U.S. Constitution, certain powers are granted exclusively to either the national government or the state governments, while other powers are shared by both.

In general, the Constitution grants those powers needed to deal with issues of overarching national concern exclusively to the U.S. federal government, while the state governments are granted powers to deal with issues affecting the particular state only.

All laws, regulations, and policies enacted by the federal government must fall within one of the powers specifically granted to it in the Constitution. For example, the federal government’s powers to levy taxes, mint money, declare war, establish post offices, and punish piracy at sea are all enumerated in Article I, Section 8 of the Constitution.

In addition, the federal government claims the power to pass many diverse laws – such as those regulating the sale of guns and tobacco products – under the Commerce Clause of the Constitution, granting it the power, “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Basically, the Commerce Clause allows the federal government to pass laws dealing in any way with the transportation of goods and services between state lines but no power to regulate commerce that takes place entirely within a single state.

The extent of the powers granted to the federal government depends on how the pertinent sections of the Constitution are interpreted by the U.S. Supreme Court.

While many of the world’s political systems call themselves federal, truly federal systems share certain unique characteristics and principles.

Written Constitution

The federal relationship between the national and regional governments must be established or confirmed through a perpetual covenant of union—usually a written constitution—defining the terms by which power is divided or shared. The constitution can be altered only by extraordinary procedures, such as the process of amending the U.S. Constitution. These constitutions in true federal systems are not simply agreements between the rulers and the ruled but also involve the people, the general government, and the states constituting the federal union. As in the case of the United States, the constituent states typically retain constitution-making rights of their own.

Territorial Democracy

Another characteristic of any truly federal system is what has been called “territorial democracy” in the United States. The use of geographically separate political divisions—towns, counties, states, etc.—ensures neutrality and equality in the representation of the various groups and interests within the society. Territorial democracy is especially beneficial in changing societies, allowing for the representation of new interests in proportion to their strength simply by allowing their supporters to vote in relatively equal territorial units. This accommodation of distinctly diverse groups by giving them their own territorial political power bases enhances the ability of federal systems to function as vehicles of political and social integration while preserving a democratic form of government. An example of territorial democracy may be seen in Canada, which recognizes the political autonomy of a population of French descent, centered in the province of Quebec.

Means of Maintaining Unity

Truly federal systems provide direct lines of communication between all levels of the governments and the citizens they serve. At all levels of the government, the citizens usually elect representatives who develop and administer programs that directly serve the citizens. These direct lines of communication are one of the characteristics of federal systems that distinguishes them from leagues, confederations, and commonwealths. This open flow of communication is usually based on shared feelings of nationality, culture, tradition, and patriotism that bind the constituent political entities and people together.

The Founders and Federalism

Seeing the importance of balancing liberty with order, America’s Founding Fathers identified three main reasons for creating a government based on the concept of federalism:

As James Madison pointed out in The Federalist, No. 10, If «factious leaders kindle a flame within their particular states,» national leaders can prevent the spread of the “conflagration through the other states.” In this context, federalism prevents an individual who controls a state from attempting to overthrow the central government.

The necessity to elect both state and national officials creates more opportunities for citizens have input into their government. Federalism also prevents a disastrous new policy or program created by one of the states from harming the entire nation. However, should a program created by a state prove especially beneficial, federalism enables all other states to adopt similar programs

Where the States Get Their Powers

The states draw their powers under our system of federalism from the Tenth Amendment of the Constitution, which grants them all powers not specifically granted to the federal government, nor forbidden to them by the Constitution.

For example, while the Constitution grants the federal government the power to levy taxes, state and local governments may also levy taxes, because the Constitution does not prohibit them from doing so. In general, state governments have the power to regulate issues of local concern, such as drivers’ licenses, public school policy, and non-federal road construction and maintenance.

Exclusive Powers of the National Government

The Constitution grants the U.S. national government three types of powers:

Delegated Powers

Sometimes called enumerated or expressed powers, the delegated powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. While the Constitution delegates 27 powers specifically to the federal government, the most notable of these include:

Implied Powers

Though not specifically stated in the Constitution, the implied powers of the federal government are inferred from the so-called elastic or “necessary and proper” clause. This clause in Article I, Section 8, gives the U.S. Congress the right “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and other powers vested in the government of the United States.” Since these powers are not specifically listed, the courts often decide what constitutes an implied power.

Inherent Powers

Similar to the implied powers, the inherent powers of the federal government are not specifically listed in the Constitution. Instead, they come from the very existence of the United States as a sovereign state—a political entity represented by one centralized government. For example, the United States has the power to acquire and govern territories and to grant statehood, because all sovereign governments claim such rights.

Exclusive Powers of State Governments

Powers reserved to state governments include:

Powers Shared by National and State Governments

Shared, or «concurrent» powers include:

The ‘New’ Federalism

The late 20th and early 21st century saw the rise of the “New Federalism” movement—a gradual return of power to the states. Republican President Ronald Reagan is generally credited with starting the movement in the early 1980s when he launched his “devolution revolution,” an effort to transfer the administration of many public programs and services from the federal government to the state governments. Before the Reagan administration, the federal government had granted money to the states “categorically,” limiting the states to using the money for specific programs. Reagan, however, introduced a practice of giving the states “block grants,” allowing the state governments to spend the money as they saw fit.

Although New Federalism is often called “states’ rights,” its supporters object to the term due to its association with racial segregation and the civil rights movement of the 1960s. In contrast to the states’ rights movement, the New Federalism movement focuses on expanding the states’ control of areas such as gun laws, marijuana use, same-sex marriage, and abortion.

#9 Unit 2 Chapter 9 How are powers divided between federal and state governments Federalism, Federal Powers and state powers

Термины в модуле (35)

This constitution, and the Laws of the United States. shall be the supreme Law of the Land: and the judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any state to the contrary notwithstanding.

-Raising taxes and borrowing money
-carrying out relationships with other countries
-declaring war

-regulating commerce between (trade is happen within Ohio state it is regulated by state government but if trade goes form ohio to indiana then the federal government regulates that..) if the states and with other countries

Congress shall have power. to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers

drafting us citizen into the us army doesnt say the federal government has power to draft army but it does say it has power to raise and army.

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

Held by states alone comes from amendment 10 in constitution

passing laws
creating courts-federal and local courts such as traffic courts

collecting taxes-cell phone state and federal tax on bill

The «necessary and proper» clause is the basis for the __________________ powers.

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

—Constitution of the United States,
Article I, Section 8

Which of these are expressed powers granted by this part of Article I, Section 8? Check all that apply.

lay and collect taxes and duties

Which phrase in this passage signifies implied powers?

Power is divided between the central government and the states.

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it’s inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

THE SEPARATION OF POWERS IN STATE GOVERNMENT

State governments are similar in structure to each other and to the federal government. Under the principle of the separation of powers, the government of each state has three branches- the legislative, the executive, and the judicial. In the system of checks and balances, each branch has some control over other two branches.

The governor may veto bills from the legislature (the Senate and the house or assembly), in some states, the governor uses a “line-item veto”. This way, he or she does not have to reject an entire law in order to veto parts of it. The governor also appoints judges in the judicial branch. With enough votes in both houses, the legislature can override the governor’s veto.

Like the federal courts, state courts also explain and interpret laws. They can declare state laws unconstitutional (contradictory to the state constitution).

State government includes a system of direct democracy. Through the initiative process, citizens may put proposed laws on the ballot for the people to vote on. They may decide on proposed constitutional amendments or important state issues in a referendum. Through a recall, they can sometimes remove an elected government official from office.

The federal government also has power over state governments. For example, a state constitution or court may not contradict the U.S Constitution, and the U.S. Supreme Court may overrule the decision of a state supreme court. Also, the U.S. President may withhold money from a state if the state refuses to obey federal laws.

Vocabulary:

line-item veto- вето, наложенное на статью закона

to remove- отозвать

to override- перешагивать, переступать

to overrule- отменять

to withhold money- удерживать деньги

5. Say if the following statements are true or false (see the text above):

1. All state governments are similar to one another, but they differ in structure from the federal government.

2. The principles of the separation of powers and checks and balances apply to state as well as the federal government.

3. In a “line-item veto”, the governor can reject parts of initiatives, referendums, or recalls.

4. Citizens may propose law, vote on constitutional amendments, and recall elected officials in the federal system of direct democracy but not in a state system.

5. The U.S. Supreme Court and the U.S. President have some direct power over state governments.

UNIT III.

I. MAJOR POLITICAL PARTIES

1. Read and translate the text:

The United States began as a one-party political system. George Washington and many others among the Revolutionary leaders wanted it to stay that way. In 1787, when the Constitution was written, the people were divided over whether to ratify it, although they were not yet organized into definite political parties.

The question is about who should be the new President began to divide people into political organizations. On one hand there were the Federalists, representing business, finance and the middle classes of city folk. On the other hand there were the “Republicans” led by Thomas Jefferson. They represented mainly the country folk from Virginia. Thus by 1800 the one-party Revolutionary government of the United States quickly split up into a two-party system.

The parties chose their own names, Republican and Democratic, but not their party emblems. The cartoonist Thomas Nast invented the Republican elephant and the Democratic donkey in the early 1870s, and they soon became fixed types.

The differences between these two parties are so small that a voter will see no intellectual inconsistency in voting for a Republican President, a Democratic state governor, a Republican Senator and a Democratic member of the House.

How is an individual’s party affiliation determined, or how does a person choose sides in the game of party politics? The first and perhaps the most important determinant is family tradition. Most voters take the party of their parents. Recently there has been an increasing tendency for the well-to-do to vote the Republican Party and for the less fortunate to vote the Democratic Party. National origin plays the role too; descendants of northern Europeans tend to the Republican Party, while those of southern and eastern Europeans prefer the Democratic Party.

The traditional bipartisan system is highly cherished by Big Business, for it creates a sort of illusion that voters are free to choose between the candidates of these two parties, whereas both of them faithfully serve Big Business interests.

Many people say that there is not much difference between the Republican and Democratic Parties. “Liberal” politicians usually favor reforms and progress. “Conservative” politicians usually oppose changes. Both liberal and conservative members belong to the two major political parties, and their ideas are often changed with the times and the issues.

Vocabulary:

one-party system- однопартийная система

bipartisan system- двухпартийная система

city folk- городское население

country folk- сельское население

inconsistency- несовместимость; противоречие

to cherish- лелеять

2. Give the English equivalents for:

— на партийном уровне.

3. Match each word on the left with the right definition on the right:

4. Answer the questions:

1. What kind of system was characteristic of the United States at the time of George Washington?

2. What were the first reasons of people’s division into political parties?

3. Whom did the Federalists represent?

4. Who were the Republicans?

5. What are the party emblems and who invented them?

6. What distinguishes the two parties?

6. Read the text without a dictionary. Try to catch the main idea:

The Democratic Party is the oldest party in the United States. In 1829, Andrew Jackson became the first Democratic President. Since that time, the issues of the nation and the ideas of the party have changed. Both the major parties have liberal and conservative members but in general people consider the Democrats today more liberal than the Republicans.

Democrats often want the government to establish social programs for people in need, such as the poor, the unemployed, and the elderly. They usually say they believe in equal rights for women and minorities and they oppose nuclear weapon and too much military spending. The symbol of the Democratic Party is the donkey.

The Republican Party, sometimes called the G.O.P. (the Grand Old Party), began in 1854 over the issue of slavery. Republicans oppose slavery. The first Republican candidate to become President was Abraham Lincoln. After the Civil War, Republicans got interested in farm, land, and business issues. In general, Republicans vote more conservatively than Democrats. They want government to support big business but not to control the lives of citizens. They often oppose government spending for social programs but support military spending. The party symbol is the elephant.

Vocabulary:

military spending- расходы на вооружение

Notes to the text:

6. Say what party is spoken about in each sentence:

1. It is the oldest political party in the United States.

2. It is sometimes called the G.O.P.

3. Its first President was Abraham Lincoln.

4. Its first President was Andrew Jackson.

5. It is generally more liberal than the other party.

6. Its members usually prefer to spend tax money for military purposes rather than for social programs.

7. Its members do not want the government to control the lives of individuals.

8. The party symbol is the donkey.

7. Speak on:

1. The political parties in your country.

II. ELECTIONS

1. Read and translate the text:

Anyone who is an American citizen, at least 18 years of age, and is registered to vote may vote. Each state has the right to determine registration procedures. A number of civic groups, such as the League of Women Voters, are actively trying to register as many people as possible. Voter registration and voting among minorities has dramatically increased during the last twenty years, especially as a result of the Civil Rights Movement.

There is some concern, however, about the number of citizens who could vote in national elections but do not. In the national elections of 1984, for instance, only 57.4 per cent of all those who could have voted actually did. In 1992 it was 61.3. But then, Americans who want to vote must register, that is to put down their names in register before the actual elections take place. There are 50 different registration laws in the US- one set for each state. In the South, voters often have to register not only locally but also at the county seat. In European countries, on the other hand, “permanent registration” of voters is most common. Of those voters in the United States who did register in the 1988 Presidential elections, 86 per cent cast their ballots, in 1992- 89.8 per cent.

The National Presidential elections consist of two separate campaigns. One is for the nomination of candidates at national party convention; the other is to win the actual election. The first stage is called “primaries”. The party convention votes to select the party’s official candidate for the presidency. Then Presidential campaigns by the candidates start.

In November of the election year (years divisible by four, e.g. 1988, 1992, 1996, etc.), the voters across the nation go to the polls. If the majority of the popular votes in a state go to the Presidential (and vice-presidential) candidate of one party, then that person is supposed to get all of that state “electoral votes”. These electoral votes are equal to the number of Senators and Representatives each state has in the Congress. The candidate with the largest number of these electoral votes wins the election. Each state’s electoral votes are formally reported by the “Electoral College”. In January of the following year, in a joint session of Congress, the new President and Vice-President are officially announced.

Vocabulary:

a county- избирательный округ

party convention – партийный съезд

“Electoral College”- коллегия выборщиков

nomination- выдвижение кандидата

to cast a ballot- проголосовать

2. Find the English equivalents for:

— зарегистрироваться для голосования;

3. Look through all the numbers in the sentences and say if they are true or false. Give your variant if necessary:

1. American citizens under 18 may vote.

2. In 1988, at the Presidential elections, only 86 per cent of the registered voters took part in the elections.

3. There are 40 registration laws in the USA which are obligatory for the country.

4. In 1990 only 50 per cent cast their ballots.

4. Place the sentences in a right order. Try to retell the text:

1. Americans who want to vote must put down their names in a register before the election.

2. Each state can determine its own registration procedure.

3. Any American citizen, over 18 years of age has the rights to vote.

4. There is always a number of citizens who can vote but don’t.

5. There is a different registration law for each state.