(pg. 46) A unitary system is a system where the national government gives power to sub-national governments such as municipalities, counties, etc. Local governments typically have only those powers granted to them by the national government. The power that the national government has given to the local levels can also be taken away from them. Especially important is the central government’s role as provider of funds.
Historical documents such as the Constitution were carefully written by our ancestors to guideline the development of our current government. Currently the government operates under a dual system to allow a more balanced manner in extending the phrase” for the people, by the people.” Thus, this dual system allows each state a portion of authority and power in governing the residents of that state while allowing the Federal government the means of governing and providing a means to balance fairness with the state’s ruling. The establishment of a dual system ultimately requires both state and Federal government to corporate in implementing polices. However, an examination of both the similarities and differences of the state and Federal government is necessary to thoroughly understand how the dual system operates. The State and Federal governments share many similarities.
In addition, many regulations and requirements that federal programs impose on the states and localities are sometimes open to modification, give discretion, and power to state and local officials. Local government is commissioned to its state constitution and it is subject to the legal environment created by the state’s structure and laws just like the way the state government should not conflict with the federal law. State governments is a reflection of the federal government since it has an elected head of the executive branch who is the governor, a self-governing judiciary, and a commonly elected legislative division. In whether justices be elected to office or appointed is: Justices should be elected instead of appointed. This is because members of congress usually engage in agenda setting since they want to satisfy their constituents (Arnold, 2004).
Preemption is a process that dictates when the supremacy clause is and can be used and also when it can be implied. Federal Laws frequently include in their own wording that they are to supersede. Supremacy Clause also has to have the legislature to take policies that have been adopted by the federal government. Whether the congressional actions fall with the power granted to Congress. Supremacy Clause has no priority over any state actions.
The Tenth Amendment of the United States of America gives power to the states, without specifically listing them. This amendment delegates powers into three groups. The first group, is the power of the national government which is given to the national government by the Constitution. These powers are not held by the states, and are strictly reserved for the national government. The Constitution also prohibits certain powers from the states, and these prohibited powers are listed throughout the document as well.
One connection that can be made is between the institutions of government and public policy. Whether it be on the federal or state level, the legislative branch is responsible for creating public policy, while the judicial branch is responsible for interpreting these policies as well as trying violators of these policies. The executive branch is responsible for enforcing the public policies. The institutions of government also link to constitutional underpinnings because they derive their powers from the constitution directly. The bureaucracy, which is a government institution, links to public policy because they are responsible for carrying out government tasks as related to public policy.
Article First, Section VIII lists the legislative powers of Congress. The tenth amendment emphasizes the role of States: "The powers not delegated to the United States by the Constitution and the exercise of which is not prohibited by it to the States, are reserved to the States respectively, or to the people". Until the twentieth
In 1787 the leaders of the states came together to establish a constitutional set of guidelines (laws), to ensure a more structured uniformed way of protecting the American people against total governmental control, and protecting the citizens rights. The constitution ensured that the branches would be serperated to detour from total control of one branch of government, Each branch of government has its own duties and responsibilities other than working along side the other branches. Below identifies the three branches of government as well as their responsibilities and process of being elected as a member. Legislative Branch The legislative branch is comprised of two bodies; the Senate and the House of Representatives. Their primary responsibility includes making and modifying laws to be adopted and enforced by other branches of government.
In a federation, the constitution is the framework of the nation; it is the only source of authority that determines how and when the power is shared, how to allocate duties, rights and responsibilities for both the central government and states, in order to limit the growth of tyranny. Therefore, the United States is an example of a successful federal government, because when the framers decided to turn into a federation, they had already an idea about the advantages and disadvantages of other systems of government, thus the American federal system was a mixture between the Unitary system in the sense that the national government is sovereign and the states are subordinate to it , and the Confederation in the sense that the states enjoy much of the power over the National government
Instead, Congress often delegates to federal entities authority to craft rules and regulations needed to carry out the mandates of laws. In order to maintain oversight over the entities that Congress grants authority to, Congress has established a requirement to publish a notice in the Federal Register detailing their proposed rules. Interested parties are then allowed a time period to express their concerns over said methods. Although it is not specifically mentioned in the constitution, through all of these rights, Congress holds an inherent oversight role over the bureaucracy. The role flows from Congress’ power to make laws, raise and appropriate funds, give advice and consent to executive nominations, and impeach federal officials.