State Sovereignty: Laws Without National Government?

The relationship between state and federal governments in the United States is defined by the Constitution and relevant case law. While Congress is the law-making branch of the federal government, each of the 50 states has a legislature made up of elected representatives who consider matters proposed by the governor or its members to create legislation that becomes law. The state legislature also approves the state's budget and initiates tax legislation. The United States Constitution provides that Congress has the power to regulate commerce with foreign nations and among the various states, which has been the basis for a significant portion of the laws passed by Congress in recent years.

State and federal government lines of authority are defined by the US Constitution

The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, or Congress, is responsible for making laws. Congress is made up of the Senate and the House of Representatives. While both are equal in how they function, only the House can initiate tax and revenue-related legislation.

The legislative process begins with a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to the bill. The bill then goes through several stages of voting in both the Senate and the House of Representatives, and any differences between the two versions must be worked out. If a bill passes both chambers, it is presented to the president for approval.

The president can approve a bill and sign it into law or veto it. If the president vetoes a bill, Congress can vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be pocket vetoed, which cannot be overridden by Congress.

While the Constitution establishes the federal government's structure and powers, it does not clearly delineate the boundaries between the federal and state governments' powers. The Tenth Amendment states that powers not granted to the federal government are reserved for the states and the people, divided between state and local governments. This amendment was intended to allay fears that the new national government might exercise powers not granted to it and that the states might not fully exercise their reserved powers.

The Supreme Court has invoked certain constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty. Additionally, the theory of federalism suggests that two distinct and discernable lines of political accountability are necessary for liberty: one between the citizens and the federal government and the second between the citizens and the states. This theory holds that Congress may act only if there is express or implied authority in the Constitution, while states may act unless the Constitution prohibits their actions.

State legislatures are made up of elected representatives who create laws

In the United States, the Legislative Branch of the federal government is made up of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the authority to enact legislation and declare war, and the House of Representatives has several exclusive powers, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.

However, state legislatures are also made up of elected representatives who create laws. All 50 states have legislatures that consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The specific name of the state legislature varies by state, including "general assembly," "general court," "legislative assembly," or simply "legislature." Except for Nebraska, all states have a bicameral legislature with two chambers: an upper house (the Senate) and a larger lower house. Together, these two chambers make state laws and fulfill other governing responsibilities, such as approving the state's budget and initiating tax legislation and articles of impeachment.

The process of lawmaking at the state level mirrors that of the federal level. A bill is a proposal for a new law or a change to an existing law, and it can be proposed by a sitting member of the state legislature or during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of the state legislature. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. This is followed by a legislative session, where members of the state legislature actively engage in lawmaking by debating and voting on bills. The frequency and duration of legislative sessions vary between states, with some states having part-time legislators who only meet for part of the year or every other year.

While state legislatures have the power to create laws, it's important to note that powers not granted to the federal government are reserved for states and are divided between state and local governments. This means that state legislatures may pass laws without the direct involvement of the national government, as long as they do not infringe on the powers granted to the federal government.

Congress is the federal government's law-making branch

In the United States, Congress is the federal government's law-making branch. It is made up of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. The House of Representatives is composed of 435 elected members, with each Representative holding one vote. The number of members from each state is proportional to the state's total population. In addition, there are six non-voting members representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories.

The process of law-making in Congress begins with the introduction of a bill. A bill is a proposal for a new law or a change to an existing law. Anyone can write a bill, but only members of Congress can introduce legislation. The idea for a bill can come from a sitting member of the US Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizen groups. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee will also seek input from relevant departments, agencies, and the Government Accountability Office. After this, the bill is voted on by both the House and the Senate. If the bill passes, it is presented to the President for approval.

The President can choose to approve the bill and sign it into law, or they can veto it. If the President vetoes the bill, Congress can attempt to override the veto by holding another vote in both the Senate and the House of Representatives. A two-thirds majority in both chambers is required to override a presidential veto. If Congress is in session and the President takes no action on a bill within 10 days, the bill becomes law. However, if Congress adjourns before the 10 days are up and the President takes no action, the bill is vetoed by default, and Congress cannot override this "pocket veto".

It is important to note that powers not explicitly granted to the federal government are reserved for the states and their people. Each of the 50 states has a legislature made up of elected representatives who create laws, approve budgets, and initiate tax legislation. These state legislatures mirror the federal system with a system of checks and balances, except for Nebraska, which has a unicameral legislature.

The President can veto a bill passed by both chambers of Congress

In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president.

A pocket veto occurs when the President does not sign off on a bill and it remains unsigned when Congress is no longer in session. In this case, the bill will be vetoed by default, and Congress cannot override the veto. Instead, the legislature must reintroduce the bill and enact it again.

While the President has the power to veto a bill passed by both chambers of Congress, this power is limited by the ability of Congress to override the veto. Additionally, the Supreme Court has held that while the President may exercise the veto power to prevent a bill from becoming a law, once a bill becomes law, the President has no authority to repeal it.

In the context of state and local governments, it is important to note that powers not granted to the federal government are reserved for the states and the people. Each of the 50 states has a legislature made up of elected representatives who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. These legislatures also approve the state's budget and initiate tax legislation. Together, the two chambers of the state legislature make state laws and fulfill other governing responsibilities.

The Fourteenth Amendment shifted power in the federal system

In the United States, powers not granted to the federal government are reserved for the states and the people, which are divided between state and local governments. Each of the 50 states has a legislature made up of elected representatives who consider matters proposed by the governor or introduced by its members to create legislation that becomes law.

The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, shifted power in the federal system by extending liberties and rights granted by the Bill of Rights to formerly enslaved people. The Fourteenth Amendment was one of three amendments submitted to the states by Congress after the Civil War to guarantee equal civil and legal rights to Black citizens.

A key provision of the Fourteenth Amendment was to grant citizenship to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people. Another important provision was the statement that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The right to due process of law and equal protection of the law now applied to both the federal and state governments.

The Fourteenth Amendment Enforcement Clause has been interpreted differently by constitutional scholars, with some concluding that it empowers Congress to outlaw private discrimination in certain circumstances, while others argue that it prohibits only state action. The Supreme Court has held that Congress cannot use its power under Section Five of the Fourteenth Amendment to expand rights but rather to provide remedies for rights recognized by the courts.

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