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Federal Government Vs State Government

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Federal Government Vs State Government
State governments, a step above local government but a step below federal government. They exercise reserved powers, in other words all powers not given to the federal government or the citizens of the state. These powers are established in the Tenth Amendment and include laws directed at the public welfare such as health and safety laws. In general, state governments are a practice of federalism which is the middle position between having a central government in total control and having the people in total control. Although states have their own government, and even their own military force, they are still ultimately under the power of the United States government. For example, if a state law conflicts with a national law, the national law …show more content…
For example; both the national and state governments can regulate commerce between the states. They both also have the ability to borrow money, impose taxes, regulate spending, establish courts and enforce laws. These powers that are shared by the national and state government are called concurrent powers. In some cases, the two even work together. If a state helps fund government programs, the national government offers “grants-in-aid” which are money awards.

Article IV of the United States Constitution regulates state governments. It encourages cooperation between states. It requires all states to have a “republican form of government”. It even establishes laws to enforce legal cooperation between states such as extradition laws.

Aside from state governments getting along with not only the federal government, but also each other; they also have to agree within themselves. State constitutions are a way to ensure this. They establish three branches of power (just like the national government); the legislative, the executive and the judicial. They then summarize the organization of said branches and outline the duties of the elected officials. Aside from the federal government, state constitutions are the highest law in each
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The courts are divided into three levels; justice courts that handle rural and small towns, magistrate courts that handle small cities and municipal courts that handle misdemeanors in larger cities. In general trial courts, judges and juries hear criminal and civil cases. District (general trial) Courts have original jurisdiction and deal with felonies and civil cases which may be held before a jury (Article VII, Section 4). State supreme courts, often called “The Court of Last Resort” supervises all courts in the state and interprets the constitution. It consists of one chief justice and four justices and decisions require a majority vote as is stated in Article VII, Section 3. The decisions of the state supreme court are final. In appellate courts and even state supreme courts, panels of judges hear appeals from lower courts. In rural areas (justice courts), the voters elect judges called justices of the peace. Article VII, Section 5 of the Montana state Constitution states that at least one qualified justice of the peace shall be elected to each county. In Montana, the governor nominates state judges to serve for life and the senate either approves or rejects the nominee (Article VII, Section 8). The legislature, however, can at any time remove an appointed judge for misconduct or failure to perform his duties; this is stated in Article VII, Section 11 of the Montana Constitution. The members of the Montana

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