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Discontinuity and European Lawmaking – Another Deficit of EU
Discontinuity: Another Source for the EU’s Democratic Deficit? Thomas König [email protected] Abstract: This study evaluates discontinuity that is induced by the two-stage lawmaking process of EU directives and discussed in the jurisprudential literature as another source for the EU’s democratic deficit. While directives must be transposed into national law, their lengthy transposition period has raised the normative question about the extent to which governments of today can politically and reliably commit domestic majorities of tomorrow. From a political science perspective, this jack-in-the-box-effect is particularly critical in systems with restrictive voting procedures and high agency loss because the parliamentary principal is unable to learn about the behaviour of the governmental agent and can hardly change or amend the decision of the former government. Hence, the empirical task is to identify the potential for discontinuity in EU lawmaking which requires measuring the governmental activities in the implementation process and to compare the preferences of the former and current majorities. This is the first study which empirically analyzes the potential of discontinuity by combining statistics on the implementation process in the 15 member states with preference indicators for their governments over a period of almost 20 years. The findings reveal that parliaments are almost excluded from this process. On closer inspection, the results show that the preferences of the former and the newly elected representatives differ drastically in about one third of all cases, in particular in Austria, Denmark, France, Sweden – and to a lesser extent – in Ireland, Greece and Luxembourg where public support for European integration has also notably decreased in recent years. -
The Structure of Government in Nevada: Executive Branch
THE STRUCTURE OF GOVERNMENT EXECUTIVE BRANCH 2011 Presession Orientation Briefing Michael J. Stewart Supervising Principal Research Analyst Research Division Legislative Counsel Bureau January 19, 2011 Nevada Government Three Branches of Government The Executive Branch The Judiciary The Legislature Checks & Balances -- One branch of government serves to keep the other two branches “in check.” Nevada Government -- Executive Branch -- All levels of government – federal, state, and local – have an Executive Branch. The Executive Branch at the state level, primarily directed by the Governor, is responsible for carrying out the laws enacted by the Legislature. Nevada’s 17 counties, along with over two dozen cities and towns, provide additional services and governances at the local level. Other forms of local government: School Districts General Improvement Districts Various Special and Local Improvement Districts Nevada Government -- Constitutional Officers -- Constitutional officers are elected for four-year terms and their duties are set forth in the Nevada Constitution and statute. Governor—Chief executive of the State. Lieutenant Governor—Presides over the Nevada Senate and casts a vote in the case of a tie, fills any vacancy during the term of the Governor, and chairs the Commissions on Tourism and Economic Development. Secretary of State—Responsible for overseeing elections, commercial recordings, securities, and notaries. Nevada Government -- Constitutional Officers cont. -- State Treasurer—Oversees State Treasury, sets investment policies for state funds, and administers the Unclaimed Property Division and the Millennium Scholarship Program, along with other college savings programs. State Controller—Responsible for paying the State’s debts, including state employees’ salaries, maintains the official accounting records, and prepares the annual statement of the State’s financial status and public debt. -
MICHIGAN STATE POLICE Act 59 of 1935
CHAPTER 28. MICHIGAN STATE POLICE MICHIGAN STATE POLICE Act 59 of 1935 AN ACT to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929. History: 1935, Act 59, Imd. Eff. May 17, 1935;Am. 1939, Act 152, Eff. Sept. 29, 1939. The People of the State of Michigan enact: 28.1 Michigan state police; definitions. Sec. 1. As employed in this act, the following words or terms shall be understood to mean: (a) The word "commissioner" shall mean commissioner or commanding officer of the Michigan state police. (b) "Acting commissioner" shall mean the acting commissioner or commanding officer of the Michigan state police. (c) "Officer" shall mean any member of the Michigan state police executing the constitutional oath of office. -
Arizona Constitution Article I ARTICLE II
Preamble We the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution. ARTICLE I. STATE BOUNDARIES 1. Designation of boundaries The boundaries of the State of Arizona shall be as follows, namely: Beginning at a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers, as fixed by the Gadsden Treaty between the United States and Mexico, being in latitude thirty-two degrees, twenty-nine minutes, forty-four and forty-five one- hundredths seconds north and longitude one hundred fourteen degrees, forty-eight minutes, forty-four and fifty-three one -hundredths seconds west of Greenwich; thence along and with the international boundary line between the United States and Mexico in a southeastern direction to Monument Number 127 on said boundary line in latitude thirty- one degrees, twenty minutes north; thence east along and with said parallel of latitude, continuing on said boundary line to an intersection with the meridian of longitude one hundred nine degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being identical with the southwestern corner of New Mexico; thence north along and with said meridian of longitude and the west boundary of New Mexico to an intersection with the parallel of latitude thirty-seven degrees north, being the common corner of Colorado, Utah, Arizona, and New Mexico; thence west along and with said parallel of latitude and the south boundary of Utah to an intersection with the meridian of longitude one hundred fourteen degrees, two minutes, fifty-nine and twenty-five one- hundredths seconds west, being on the east boundary line of the State of Nevada; thence south along and with said meridian of longitude and the east boundary of said State of Nevada, to the center of the Colorado River; thence down the mid-channel of said Colorado River in a southern direction along and with the east boundaries of Nevada, California, and the Mexican Territory of Lower California, successively, to the place of beginning. -
Act Relating to Legislature-Parliament, 2064 (2007)
www.lawcommission.gov.np Act Relating to Legislature-Parliament, 2064 (2007) Date of authentication and publication 2064.5.7 (24-08-2007) Act No. 13 of the year 2064 (2007) An Act Made to Provide for the Establishment of the Legislature- Parliament Secretariat and the Constitution and Operation of the Legislature-Parliament Service Preamble: Whereas, it is expedient to make provisions on the establishment of the Legislature-Parliament Secretariat and the constitution and operation of the Legislature-Parliament Service for the smooth operation of the activities of the Legislature-Parliament; Now, therefore, be it enacted by the Legislature-Parliament. Chapter-1 Preliminary 1. Short title and commencement: (1) This Act may be called as the “Act Relating to Legislature-Parliament Secretariat, 2064 (2007)". (2) This Act shall come into force forthwith. 2. Definitions : Unless the subject or the context otherwise requires, in this Act,- 1 www.lawcommission.gov.np www.lawcommission.gov.np (a) “Constitution” means the Interim Constitution of Nepal, 2063(2006). (b) “Speaker” means the Speaker of the Legislature-Parliament. (c) “Deputy Speaker” means the Deputy Speaker of the Legislature-Parliament. (d) “Leader of Opposition Party” means the leader of opposition party recognized pursuant to Article 57A. of the Constitution. (e) “Member” means a member of the Legislature-Parliament. (f) “Secretariat” means the Legislature-Parliament Secretariat established pursuant to Section 3. (g) “Committee” means the Secretariat Operation and Management Committee formed pursuant to Section 6. (h) “Office-bearer” means the Speaker, Deputy Speaker, Leader of Opposition Party, Chairperson of a Committee of Legislature-Parliament, Leader, Deputy Leader, Chip Whip, Main Whip, Secretary, Whip of a parliamentary party of a political party represented in the Legislature-Parliament. -
The European Parliament – More Powerful, Less Legitimate? an Outlook for the 7Th Term
The European Parliament – More powerful, less legitimate? An outlook for the 7th term CEPS Working Document No. 314/May 2009 Julia De Clerck-Sachsse and Piotr Maciej Kaczyński Abstract At the end of the 6th legislature, fears that enlargement would hamper the workings of the European Parliament have largely proved unfounded. Despite the influx of a large number of new members to Parliament, parties have remained cohesive, and legislative output has remained steady. Moreover, after an initial phase of adaptation, MEPs from new member states have been increasingly socialised into the EP structure. Challenges have arisen in a rather different field, however. In order to remain efficient in the face of increasing complexity, the EP has had to streamline its working procedures, moving more decisions to parliamentary committees and cutting down time for debate. This paper argues that measures to increase the efficiency of the EP, most notably the trend towards speeding up agreements with the Council (1st reading agreements) run the risk of undermining the EP’s role as a forum of debate. Should bureaucratisation increasingly trump politicisation, the legitimacy of the EP will be undermined, and voters will become ever more alienated from its work. For the 7th legislature of the European Parliament therefore, it is crucial to balance efficiency of output with a more politicised policy style that is able to capture public interest. CEPS Working Documents are intended to give an indication of work being conducted within CEPS research programmes and to stimulate reactions from other experts in the field. Unless otherwise indicated, the views expressed are attributable only to the authors in a personal capacity and not to any institution with which they are associated. -
Due Process of Lawmaking Hans A
Nebraska Law Review Volume 55 | Issue 2 Article 3 1975 Due Process of Lawmaking Hans A. Linde University of Oregon School of Law Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Hans A. Linde, Due Process of Lawmaking, 55 Neb. L. Rev. 197 (1976) Available at: https://digitalcommons.unl.edu/nlr/vol55/iss2/3 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. 197 By Hans A. Linde* Due Process Of Lawmaking I. INTRODUCTION When Edward S. Corwin wrote in the 1920s about the practice of American courts to review the substance of legislation, a topic which then occupied center stage in constitutional law, he prefaced one of his articles with this quotation from Mr. Justice Holmes: "Theory is the most important part of the dogma of the law, as the architect is the most important man who takes part in the build ing of a house."1 I have seized upon this quotation in anticipatory self-defense, specifically defense against that much more famous quotation from Holmes that the life of the law has not been logic but experience;2 for we are returning, a half-century later, to the same topic-the revival of substantive judicial review of legislation -and what we shall discuss will have more to do with the role of logic in the life of the law than with experience. -
Rule-Of-Law.Pdf
RULE OF LAW Analyze how landmark Supreme Court decisions maintain the rule of law and protect minorities. About These Resources Rule of law overview Opening questions Discussion questions Case Summaries Express Unpopular Views: Snyder v. Phelps (military funeral protests) Johnson v. Texas (flag burning) Participate in the Judicial Process: Batson v. Kentucky (race and jury selection) J.E.B. v. Alabama (gender and jury selection) Exercise Religious Practices: Church of the Lukumi-Babalu Aye, Inc. v. City of Hialeah (controversial religious practices) Wisconsin v. Yoder (compulsory education law and exercise of religion) Access to Education: Plyer v. Doe (immigrant children) Brown v. Board of Education (separate is not equal) Cooper v. Aaron (implementing desegregation) How to Use These Resources In Advance 1. Teachers/lawyers and students read the case summaries and questions. 2. Participants prepare presentations of the facts and summaries for selected cases in the classroom or courtroom. Examples of presentation methods include lectures, oral arguments, or debates. In the Classroom or Courtroom Teachers/lawyers, and/or judges facilitate the following activities: 1. Presentation: rule of law overview 2. Interactive warm-up: opening discussion 3. Teams of students present: case summaries and discussion questions 4. Wrap-up: questions for understanding Program Times: 50-minute class period; 90-minute courtroom program. Timing depends on the number of cases selected. Presentations maybe made by any combination of teachers, lawyers, and/or students and student teams, followed by the discussion questions included in the wrap-up. Preparation Times: Teachers/Lawyers/Judges: 30 minutes reading Students: 60-90 minutes reading and preparing presentations, depending on the number of cases and the method of presentation selected. -
“Legislature” and the Elections Clause
Copyright 2015 by Michael T. Morley Vol. 109 Northwestern University Law Review THE INTRATEXTUAL INDEPENDENT “LEGISLATURE” AND THE ELECTIONS CLAUSE Michael T. Morley* INTRODUCTION The Elections Clause of the U.S. Constitution is the Swiss army knife of federal election law. Ensconced in Article I, it provides, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”1 Its Article II analogue, the Presidential Electors Clause, similarly specifies that “[e]ach State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors” to select the President.2 The concise language of these clauses performs a surprisingly wide range of functions implicating numerous doctrines and fields beyond voting rights, including statutory interpretation,3 state separation of powers and other issues of state constitutional law,4 federal court deference to state-court rulings,5 administrative discretion,6 and preemption.7 * Assistant Professor, Barry University School of Law. Climenko Fellow and Lecturer on Law, Harvard Law School, 2012–14; J.D., Yale Law School, 2003; A.B., Princeton University, 2000. Special thanks to Dr. Ryan Greenwood of the University of Minnesota Law Library, as well as Louis Rosen of the Barry Law School library, for their invaluable assistance in locating historical sources. I also am grateful to Terri Day, Dean Leticia Diaz, Frederick B. Jonassen, Derek Muller, Eang Ngov, Richard Re, Seth Tillman, and Franita Tolson for their comments and suggestions. I was invited to present some of the arguments from this Article in an amicus brief on behalf of the Coolidge-Reagan Foundation in Arizona State Legislature v. -
Part Xv Elections
PART XV ELECTIONS 324. (1) The superintendence, direction and control Superintendence, of the preparation of the electoral rolls for, and the direction and control of elections conduct of, all elections to Parliament and to the to be vested in an Legislature of every State and of elections to the offices Election of President and Vice-President held under this Commission. Constitution 1*** shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission. (4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: 1The words “including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and to the Legislatures of States” omitted by the Constitution (Nineteenth Amendment) Act, 1966, s. -
The Police Power of the Legislature, with Special Reference To
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Historical Theses and Dissertations Collection Historical Cornell Law School 1891 The oliceP Power of the Legislature, with Special Reference to Prohibitory Liquor Legislation J. Boardman Scovell Cornell Law School Follow this and additional works at: http://scholarship.law.cornell.edu/historical_theses Part of the Law Commons Recommended Citation Scovell, J. Boardman, "The oP lice Power of the Legislature, with Special Reference to Prohibitory Liquor Legislation" (1891). Historical Theses and Dissertations Collection. Paper 256. This Thesis is brought to you for free and open access by the Historical Cornell Law School at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Historical Theses and Dissertations Collection by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Thesis. The Police Power of the Legislature, ,,iith Special Reference to Prohibitory Liquor Legislation. Presented by J. Boardman Scovell, for the Degree, p, cb rof Laws. Cornell University, School of Law, Class of '91. Table of Contents. Introduction- ------------------ Page 1. The Police Power of the Legislature defined- - - " 2. Legislative Sovereignty, ------------- " 3. (a) Of Parliament- --------------- " 4. (b) Of Americam State Le.-islatures -------- " 5. State Legislative Power,- (aj Uilimited by "Absolute Justice" "-----5. (b) Limited by Constitutional Provisions - " 6. Power of Judiciary over Legislative Acts -- " 3. Cons, itutionality of c e rt in laws Questirionqd - - 9. Diversity in Judicial Holdings,- U. S. Sup. Ct. V. T. Y. Ct. App.------ " 9 Regulation V. Prohibition----------- -- 10. Prohibitory Legislation Restrained by,- t (a) The'Property Cl&uses'rof State Constitutions1"-13. -
Civics and Economics CE.6 Study Guide
HISTORY AND SOCIAL SCIENCE STANDARDS OF LEARNING • Prepares the annual budget for congressional action CURRICULUM FRAMEWORK 2008 (NEW) Reformatted version created by SOLpass • Appoints cabinet officers, ambassadors, and federal judges www.solpass.org Civics and Economics • Administers the federal bureaucracy The judicial branch CE.6 Study Guide • Consists of the federal courts, including the Supreme Court, the highest court in the land • The Supreme Court exercises the power of judicial review. • The federal courts try cases involving federal law and questions involving interpretation of the Constitution of the United States. STANDARD CE.6A -- NATIONAL GOVERNMENT STRUCTURE The structure and powers of the national government. The Constitution of the United States defines the structure and powers of the national government. The powers held by government are divided between the national government in Washington, D.C., and the governments of the 50 states. What is the structure of the national government as set out in the United States Constitution? STANDARD CE.6B What are the powers of the national government? -- SEPARATION OF POWERS Legislative, executive, and judicial powers of the national government are distributed among three distinct and independent branches of government. The principle of separation of powers and the operation of checks and balances. The legislative branch • Consists of the Congress, a bicameral legislature The powers of the national government are separated consisting of the House of Representatives (435 among three