Powers not granted to the Federal government are reserved for States and the people, which are divided between State and local governments. Show
Most Americans have more frequent contact with their State and local governments than with the Federal Government. Police departments, libraries, and schools—not to mention driver’s licenses and parking tickets—usually fall under the oversight of State and local governments. Each state has its own written constitution, and these documents are often far more elaborate than their Federal counterpart. The Alabama Constitution, for example, contains 310,296 words—more than 40 times as many as the U.S. Constitution. All State governments are modeled after the Federal Government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all States uphold a “republican form” of government, although the three-branch structure is not required. Executive BranchIn every state, the Executive Branch is headed by a governor who is directly elected by the people. In most states, other leaders in the executive branch are also directly elected, including the lieutenant governor, the attorney general, the secretary of state, and auditors and commissioners. States reserve the right to organize in any way, so they often vary greatly with regard to executive structure. Legislative BranchAll 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. The latter is part of a system of checks and balances among the three branches of government that mirrors the Federal system and prevents any branch from abusing its power. Except for one State, Nebraska, all States have a bicameral legislature made up of two chambers: a smaller upper house and a larger lower house. Together the two chambers make State laws and fulfill other governing responsibilities. (Nebraska is the lone state that has just one chamber in its legislature.) The smaller upper chamber is always called the Senate, and its members generally serve longer terms, usually four years. The larger lower chamber is most often called the House of Representatives, but some states call it the Assembly or the House of Delegates. Its members usually serve shorter terms, often two years. Judicial BranchState judicial branches are usually led by the State supreme court, which hears appeals from lower-level State courts. Court structures and judicial appointments/elections are determined either by legislation or the State constitution. The supreme court focuses on correcting errors made in lower courts and therefore holds no trials. Rulings made in State supreme courts are normally binding; however, when questions are raised regarding consistency with the U.S. Constitution, matters may be appealed directly to the United States Supreme Court. Local GovernmentLocal governments generally include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. In some States, counties are divided into townships. Municipalities can be structured in many ways, as defined by State constitutions, and are called, variously, townships, villages, boroughs, cities, or towns. Various kinds of districts also provide functions in local government outside county or municipal boundaries, such as school districts or fire protection districts. Municipal governments—those defined as cities, towns, boroughs (except in Alaska), villages, and townships—are generally organized around a population center and in most cases correspond to the geographical designations used by the United States Census Bureau for reporting of housing and population statistics. Municipalities vary greatly in size, from the millions of residents of New York City and Los Angeles to the few hundred people who live in Jenkins, Minnesota. Municipalities generally take responsibility for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services (including public transportation), and public works (streets, sewers, snow removal, signage, and so forth). Whereas the Federal Government and State governments share power in countless ways, a local government must be granted power by the State. In general, mayors, city councils, and other governing bodies are directly elected by the people.
Federalism: Frequently Asked Questions Answers to commonly asked questions about federalism and federal systems Federalism Resources A range of federalism resources available on the internet Federalism in the News News and current affairs relating to Australian federalism Federalism Links A collection of links to important organisations in the Australian federation Federalism Project Research Research produced as part of the ARC-funded Federalism Project at the Gilbert + Tobin Centre of Public Law The Commonwealth of Australia is a federation of six states and two self-governing territories. The national government is the Australian Government, also referred to as the federal government or Commonwealth government. The constitution gives certain powers to the federal government, some powers are shared with the states and territories, while other powers remain with the states and territories. The states and territories thus have a significant degree of autonomy; the Australian Government does not have the legal power to influence many of their decisions. Further information about Australia's system of government can be found on the Parliament of Australia website. Following is some practical information about interacting with parliament and the federal government. 1.1 Head of State and Governor-GeneralAustralia's Head of State is the Queen of Australia, Her Majesty Queen Elizabeth II. Under the Australian Constitution, executive power is exercised by the Governor‑General as the Queen's representative. The Governor-General is appointed by the Queen on the advice of the Prime Minister of Australia. The Prime Minister is Head of Government. A biography for the Governor-General can be found on the Governor-General's website. Each state has a governor, who is appointed by the Queen on the advice of the Premier (head of government) of that state. 1.2 National anthem and flag protocolsAustralia's national anthem is Advance Australia Fair. It is played at all official and ceremonial occasions where the anthem is required. Information on Australian national flag protocols can be found on the Department of the Prime Minister and Cabinet website. 1.3 Commonwealth Table of PrecedenceThe Commonwealth table of precedence provides the necessary information to allow seatings and introductions to be made in the correct order. Tables of precedence differ between the Commonwealth and the various states. South Australia and Western Australia do not issue tables of precedence - the Commonwealth table should be used as a guide. When a person is acting in any of the positions listed, he/she enjoys the same precedence but appears behind anyone at that level attending in their own right. Married couples enjoy the precedence of the spouse with the higher precedence. 1.4 Indigenous protocolsAboriginal and Torres Strait Islander peoples are inherently linked to their ancestral lands. Connection to Country is crucial to Indigenous identity, spirituality and cultural wellbeing. An Acknowledgement of Country is the practice of recognising the Traditional Custodians of the land on which a gathering is held. It can be performed by Indigenous or non-Indigenous persons and is a demonstration of respect for Aboriginal and Torres Strait Islander culture and recognition of the relationship the Traditional Custodians have with their Country. There is no set wording for an Acknowledgement of Country, though often a statement takes a general form such as:
A factsheet on Welcome to and Acknowledgement of Country can be found on the Reconciliation Australia website. Welcome to Country ceremonies performed by Indigenous Elders are appropriate for major events, including official launches, opening ceremonies, exhibitions and functions where official guests are in attendance. Protocols for conducting a Welcome to Country vary according to region, and content should be negotiated well in advance with Elders. More information on organising a Welcome to Country in the Australian Capital Territory can be found on the ACT Community Services website. 1.5 GiftsIt is not customary in Australia to exchange gifts in the conduct of government business. Public servants are instructed to avoid accepting gifts, if possible. Where it is judged that refusal might cause offence, a gift may be accepted. Its receipt will be reported. If missions or posts wish to show appreciation or goodwill to public servants, gifts of substantial items or alcohol should always be avoided. As a general principle, state and territory officials and dignitaries do not present gifts when meeting members of the diplomatic or consular corps, and their preference is for no gifts to be offered by foreign officials. 1.6 The ParliamentThe presiding officers of the Parliament are the President of the Senate and the Speaker of the House of Representatives. Heads of Mission wishing to call on the presiding officers should contact the secretary to the President (telephone (02) 6277 3300) and the secretary to the Speaker (telephone (02) 6277 4000) at Parliament House. Appointments should be sought for parliamentary sitting weeks as the presiding officers are not usually in Canberra at other times. Biographies for all members of the House of Representatives and the Senate can be found on the Parliament of Australia website. 1.6.1 Diplomatic Gallery seatingFive seats in the Speaker's Gallery in the Chamber of the House of Representatives are allocated as the Diplomatic Gallery for Heads of Mission or their representatives to observe the proceedings of the House. Missions should reserve their seats in advance. This can be done through the secretary to the Speaker of the House of Representatives (telephone (02) 6277 4000). Tickets for booked seats should be collected from the Gallery Ticket Office located on the first floor of the Members' Hall. When the Diplomatic Gallery is fully booked, it may be possible to provide members of the Diplomatic Corps with seats in one of the visitors' galleries to the Chamber. Inquiries about seats in the Senate Chamber Galleries should be made to the office of the President of the Senate (telephone (02) 6277 3300). 1.7 The Department of Foreign Affairs and Trade (DFAT)DFAT's website includes the current organisational chart and biographies for members of the department's senior executive. In addition, there are entries providing information on Australia and its foreign, trade and investment and aid policies, as well as advice on international travel. There are also links to the websites for Austrade and Tourism Australia. DFAT has offices in each Australian capital city. More information on these offices can be found on the department's website. 1.7.1 Portfolio ministersThe foreign affairs and trade portfolio supports the Minister for Foreign Affairs, the Minister for Trade, Tourism and Investment, the Minister for International Development and the Pacific, the Assistant Minister for Trade and Investment, and the Assistant Minister for Regional Tourism. When writing to portfolio ministers, missions should address their communications as follows:
1.7.2 Protocol BranchDFAT's Protocol Branch provides services to:
The information in this guide is primarily for use by members of the diplomatic and consular corps whose status derives from the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Much of the practical advice provided applies also to accredited representatives of international organisations. Information tailored to the needs of honorary consuls is contained in separate Guidelines for Honorary Consuls in Australia. The Diplomatic List, the Consular List and the list of Representatives of International Organisations are updated daily and are published on the department's website. Protocol Branch does not manage guest of government matters; these are the responsibility of the Protocol and International Visits Division (PIVD) of the Department of the Prime Minister and Cabinet. Contact details for PIVD and other Commonwealth Government agencies are available in the Australian Government Directory. 1.7.2.1 Contact details
1.7.3 Correspondence with DFATCorrespondence specifically on protocol matters should be sent to Protocol Branch. This includes advice of head of mission absences from Australia and mission closures. For other matters, missions should send correspondence, including notes verbales, directly to the appropriate area of the department (there is no need to send copies to Protocol Branch):
1.7.4 National daysDFAT is usually represented at national day functions hosted by foreign missions by the Chief of Protocol and the Assistant Secretary of the relevant geographic branch. The Chief of Protocol will propose a toast but will not make a speech, and should be informed in advance of any special formalities. The Chief of Protocol is normally invited to propose the first toast to the Head of State and the people of the host country. It is customary for the first verse of the host country's national anthem to be played or sung after the toast. The host country's Head of Mission then proposes a toast to the Queen and the people of Australia; this is followed by the first verse of the Australian national anthem (see section 1.2) 1.8 Other departments and government agenciesThe Australia website is a comprehensive guide to government information and services. The Australian Government Directory section provides contact details for the offices and personnel of the Governor-General and the Commonwealth Parliament, courts and departments and agencies. There are also links to the directories of state and territory governments. Contact with the Australian Capital Territory (ACT) Government can be facilitated by the Senior Manager of the Office of Multicultural Affairs, Community Services Directorate (telephone (02) 6207 0555 or fax (02) 6207 5862). 1.8.1 Communication with Australian Government authoritiesThe Australian Government encourages diplomatic and consular missions to conduct routine official business directly with relevant departments and agencies rather than going through DFAT. However, in accordance with Article 41(2) of the Vienna Convention on Diplomatic Relations, missions should consult DFAT on all matters of a policy nature that could affect bilateral or multilateral trade or foreign relations. Administrative matters handled by agencies other than DFAT should be sent directly to those agencies, including: 1.8.2 Media and publicity materials issued by missionsThe Australian Government attaches great importance to the free flow of information and recognises that it is an accepted function of diplomatic missions and consular posts to issue public statements, including media releases and social media communications, and to distribute material and publications expressing the point of view of their government on international questions. All efforts should be made to ensure such statements are accurate and written in respectful language. DFAT requests that missions and posts provide the Parliamentary and Media Branch () with copies of the publicity and media material that they distribute. |
What are four requirements that are placed on the national government with regard to the states?
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