Question

1. What are the differences and similarities you find between National (US) and State legislative processes? Please list them with a complete description.

2. Why do you think the state legislative process has these differences relative to the national process?

Answer 1

Answer:

The National (US)-

The US federal government, known as the national government, is made up of the three branches established by the Constitution. These branches, or sections, are the executive, judicial and legislative branches. The Founding Fathers did not want any single person or section of government to have unlimited power. To make sure this did not happen, the Constitution was created, and it split up the power of the government into three branches. This system of breaking up government into different sections for protection from corruption is referred to as the system of “checks and balances”.

The executive branch is the part of government that makes sure people follow the laws, and the President is the head of the executive branch. However, the President cannot make laws, and this serves as a “check” on the executive branch. This stops the President from creating laws that can make them more powerful. The part of government that can make laws is called the legislative branch. While the legislative branch has the power to create laws, the President can “check” this power by vetoing these laws. The legislative branch also has to approve people that the President wants to put into office. The judiciary branch is composed of the federal courts that include the US Supreme Court, appeals courts and district courts. The courts that make up the judiciary branch are responsible for determining what the laws mean and to deem whether something is illegal or not.

State legislative-

It also refers to the governments of the 50 states, which make up the United States. Each of the state governments can create their own laws as long as these laws don’t oppose laws in the Constitution. A state government has complete control over things that happen within the state, but are not allowed to interfere with the actions of other states. All US state governments have equal power internationally, but other countries such as the UK, Germany, and France do not recognize individual states as their own sovereign governments.

State governments have the same structure as the federal government, which means they have executive, judicial and legislative branches. The Constitution gives the state governments all powers that aren’t given exclusively to the federal government. This includes powers that are not banned by the Constitution. A good example is the federal government’s power to collect taxes. State governments are also allowed to collect taxes since this is not banned by the Constitution. State governments usually are in control of things inside their borders, including public school policies, driver’s licenses, road maintenance and repair, and justice.

Differences-

What’s the difference between state and federal governments? The Constitution, as written by The Founding Fathers, balances power between the federal government and the state governments. This is to ensure that power is shared between the state and national governments. While both are composed of three branches (e.g., executive, legislative, judicial) their differences can be seen in the power they exercise as granted by the Constitution.

State governments have jurisdiction over matters that affect their respective states. These would include establishing local governments, issuing licenses (i.e., marriage, driver, hunting), regulating state commerce, conducting elections and more. On the other hand, the federal government exercises its power over matters of national concern. These would include declaring war, printing money, negotiating with foreign governments and regulating both interstate and international commerce.

State governments can also exercise powers not granted to the federal government and can wield powers that are within the boundaries of the Constitution.

National (US)	Similarities	State Legislative
Coining money	Taxation	Conducting elections
Regulating interstate and foreign commerce	Lawmaking and enforcement	Establishing local governments
Regulating the mail	Chartering banks and corporations	Providing for public safety, health, welfare
Declaring war	Taking land for public use (eminent domain)	Maintaining militia
Raising armies	Establishing courts	Ratifying Constitutional amendments
Conducting foreign affairs	Borrowing money	Regulating intrastate commerce

2). As we noted above, the balance of power between states and the federal government has changed a great deal over time. In the early United States, the division between state powers and federal powers was very clear. States regulated within their borders, and the federal government regulated national and international issues.

But since the Civil War in the 1860s, the federal government’s powers have overlapped and intertwined with state powers. In times of crisis, like the Great Depression, the federal government has stepped in to provide much-needed aid in areas typically controlled at the state level.

Although the general trend has been toward an increase in federal power, the states have also pushed back. For example, in the 1995 case US v. Lopez, the Supreme Court ruled that the federal government had overstepped its bounds by claiming the authority to ban guns from school grounds under the Commerce Clause. Because guns on school grounds aren’t related to interstate commerce, the Supreme Court ruled the gun ban unconstitutional.

One way that the federal government can influence the states is through the distribution of grants, incentives, and aid. State and local governments are eager to obtain federal dollars, but many of those dollars come with strings attached. Categorical grants from the federal government can only be used for specific purposes, and frequently include nondiscrimination provisions (saying that the distribution of the funds cannot be for purposes that discriminate against women, minorities, or other groups).

The federal government can also pass unfunded mandates that tie federal funding to certain conditions. For example, the National Minimum Drinking Act of 1984 stipulated that states must have a minimum drinking age of 21 in order to receive full federal highway funding.

Not all federal funding is strictly monitored. Block grants are federal grants given to states or localities for broad purposes. The state or local governments can then disburse those funds as they see fit.

The main purpose of state legislatures
A-to provide legislative support for Congress
B-to challenge the legality of federal laws
C-to control the legislation of local governments
D-to make and pass laws at the state level
E-to provide financial support for the federal government