Gavin Howe
In the United States, state and federal governments share power, and while they often overlap or work in parallel, they can focus on different things due to the country's federalist system. Each state has its own written constitution, and all 50 states have legislatures made up of elected representatives who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The U.S. Constitution's Tenth Amendment mandates that all powers not granted to the federal government are reserved for the states and the people. However, the Supremacy Clause of the U.S. Constitution, specifically the doctrine of preemption, states that in many (but not all) cases of conflicting laws, federal law supersedes state law.
| Characteristics | Values |
|---|---|
| Number of states with bicameral legislatures | 49 |
| Number of states with unicameral legislatures | 1 (Nebraska) |
| Powers of state governments | Reserved for states and the people |
| Law-making process | Proposal, consideration and approval by both Houses of Congress, presidential approval or veto |
| Legislative bodies | Senate and House of Representatives |
| Legislative powers | Vested in the Congress of the United States |
| Legislative process | Committees research, discuss and make changes to the bill |
| Legislative proposal sources | Sitting members of the Senate or House of Representatives, election campaigns, petitions by citizens or citizen groups |
| Legislative functions | Approval of state budget, initiation of tax legislation, articles of impeachment |
| State constitutions | All states have their own, often more elaborate than the federal constitution |
| State laws | May conflict with federal laws, in which case federal law supersedes state law |
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What You'll Learn
State and federal government powers
In the United States, state and federal governments share power, and their functions can overlap or work in parallel. The federal government is the lawmaking branch, and Congress consists of the Senate and the House of Representatives. The legislative process is a vital safeguard of the American democratic way of life, with its emphasis on the protection of the minority and allowing all sides to be heard.
All 50 states have legislatures made up of elected representatives who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The legislature also approves a state's budget and initiates tax legislation and articles of impeachment. Each state has its own constitution, and these documents are often more elaborate than the federal constitution.
The Tenth Amendment to the U.S. Constitution mandates that all powers not granted to the federal government are reserved for the states and the people. This is referred to as Federalism, where state and federal governments can focus on different things. For example, police departments, libraries, and schools are usually overseen by state and local governments.
The Supremacy Clause of the U.S. Constitution addresses possible conflicts between state and federal laws. Within this clause is the doctrine of "preemption," which states that federal law supersedes state law in most cases of conflict. However, the federal government cannot require states to comply with certain laws automatically, and it is limited in how it can enforce compliance. For instance, some states allow the sale of raw milk despite the federal government wanting a ban.
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State constitutions
The average state constitution is about 39,000 words long and has been amended around 115 times. The oldest state constitution still in effect is that of Massachusetts, enacted in 1780. In contrast, the newest is the Rhode Island Constitution, ratified in 1986. The longest state constitution is Alabama's, with approximately 389,000 words and nearly 950 amendments.
The District of Columbia does not have a constitution like the states and territories; instead, it has a charter similar to those of major cities. The territories of the United States are "organized" and self-governing if Congress has passed an Organic Act. The commonwealths of Puerto Rico and the Northern Mariana Islands (CNMI) operate under local constitutions.
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State law vs federal law
The United States has a federal system of government, where power is shared between the federal government and state governments. Both levels of government have their own court systems and can create their own laws.
Federal laws apply to everyone in the United States, across all 50 states, and cover areas such as immigration, bankruptcy, the postal service, intellectual property, and the military. Federal laws are created by the US Congress, which consists of the Senate and the House of Representatives. The legislative process allows for the protection of minorities and provides ample opportunity for all sides to be heard and make their views known. A bill can be proposed by a sitting member of either the Senate or the House of Representatives, or during an election campaign. Bills can also be petitioned by citizens or citizen groups. Once introduced, a bill is assigned to a committee, which will research, discuss, and make changes to it. For a bill to become a law, it must be considered and approved by both Houses of Congress. If the President chooses to veto the bill, Congress can vote to override this decision, unless the veto is a ''pocket veto', where the bill remains unsigned when Congress is no longer in session.
State laws, on the other hand, apply only to people who live or work in a particular state. Each state has its own system of laws and courts, which may also be further divided into local laws for specific counties, cities, or towns. State laws typically cover areas such as family law, divorce, child custody, and guardianships. While some areas of law are governed by both state and federal law, conflicts between the two are resolved by the Supremacy Clause of the US Constitution, which gives precedence to federal laws.
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State law-making process
In the United States, Congress is the federal lawmaking branch of the government. The process of lawmaking differs between the House of Representatives and the Senate.
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. The right to petition is guaranteed by the First Amendment to the Constitution.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. A committee or subcommittee may vote to release or make public matters originally received in a closed hearing or meeting. Open committee hearings may be covered by the media. Permission to cover hearings and meetings is granted under detailed conditions as provided in the rules of the House.
The Unfunded Mandates Reform Act of 1995 established requirements on committees with respect to measures containing unfunded intergovernmental mandates. An unfunded intergovernmental mandate is the imposition of a substantial financial requirement or obligation on a state, local, or tribal government.
There are two types of bills—public and private. Bills may originate in either the House of Representatives or the Senate with one notable exception. Article I, Section 7, of the Constitution provides that all bills for raising revenue shall originate in the House of Representatives, but that the Senate may propose, or concur with, amendments. By tradition, general appropriation bills also originate in the House of Representatives.
If the president chooses to veto a bill, in most cases, Congress can vote to override that 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 vetoed by default, called a "pocket veto", and cannot be overridden by Congress.
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State law and federal enforcement
In the United States, state and federal governments share power, and their functions can overlap or run in parallel. This is due to the system of Federalism, where powers not expressly granted to the federal government are reserved for the states and the people. Each state has its own written constitution, and these documents are often more detailed than their federal counterpart.
State legislatures, made up of elected representatives, consider matters brought forward by the governor or introduced by its members to create legislation that becomes law. The legislature also approves the state's budget, initiates tax legislation, and can impeach officials. All states except Nebraska have a bicameral legislature, consisting of an upper and a lower house, which together make state laws and carry out other governing duties.
The legislative process for creating federal laws involves a bill being introduced, which is then assigned to a committee. The committee researches, discusses, and makes changes to the bill. The bill is then sent to both Houses of Congress for consideration and approval. The House of Representatives and the Senate have some procedural differences in how they function. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to treaties and presidential nominations.
In cases of conflicting laws, the Supremacy Clause of the US Constitution, specifically the doctrine of "preemption", states that federal law supersedes state law. However, this is not always the case, as seen with the legalization of cannabis in some states despite federal prohibition. While federal prosecutors have discretion in enforcing marijuana-related activities, they cannot require states to keep it illegal.
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Frequently asked questions
Yes, states can create their own laws. Each of the 50 US states has its own state legislature, which performs state duties in a similar way to how the United States Congress performs national duties.
States can legislate on matters such as family law, business regulations, and court regulations.
Federal laws apply throughout the United States, while state laws apply to people who live or work in a particular state. There are some areas where both federal and state laws govern, such as when federal funds are offered to a state. In the case of conflicting laws, the Supremacy Clause of the US Constitution states that federal laws take precedence over state laws.
The law-making process at the federal level involves both the Senate and the House of Representatives. A bill, which is a proposal for a new law or a change to an existing law, can be introduced by a member of the Senate or House of Representatives, or be proposed by citizens. The bill is then assigned to a committee, which researches, discusses, and makes changes. The bill must then be considered and approved by both Houses of Congress before it can become a law.
The specifics of the law-making process can vary across states. For example, some states have a bicameral legislature with two chambers, while Nebraska has a unicameral legislature with one chamber. The responsibilities of a state legislature also depend on the state's constitution.
