The … The law was meant to protect the state’s natural resources, Mr. Becerra said. Even as California has expanded the sale of marijuana in the state, the Trump administration has taken steps to allow federal prosecutors to … In January, California won a major victory, persuading a judge to block the Trump administration’s efforts to shut down a program that shields some 700,000 young undocumented immigrants from deportation. Back to Law; Conformity; Overview. He acknowledged that presidents have broad powers to alter the policies of earlier administrations, but said the Trump administration’s justifications for rescinding the program did not withstand scrutiny. The state constitution has thirty-three articles (do not be deceived by the numbering as some articles do not exist). 332 U. S. … The information gathered is used to allocate congressional seats and to disburse federal money. Immigration law 2. The California opposition to federal policies over oil exploration and environmental regulation is already shaping up as a major legal battleground between the state and the Trump administration. (Photo: www.sos.ca.gov). A second challenged law requires state officials to inspect some facilities that house people detained on behalf of the federal government. In early April, the agency took steps to challenge California’s waiver. General Manager & Advertising: Kevin Sanders, © 2020 California Globe     , CaliforniaConstitution Versus Federal Constitution, California Constitution. “Resistance to unpopular federal laws — whether over tariffs or immigration, or marijuana, gambling, guns or a host of other areas of possible conflict — is permissible,” they wrote, “only within the bounds of federalism.”. "The federal government through the U.S. Forest Service (USFS), Bureau of Land Management (BLM) and National Park Service owns about 19 million acres of the total 33 million acres of forestlands in the state of California representing about 57% of the forest areas. But the Supreme Court may well hear an appeal, and there the state could face headwinds. “Some conservatives may cheer when the current administration uses this tool against sanctuary cities,” he wrote. Legal experts differed about the strength of the administration’s suit. Further, the federal government is responsible for providing most American workers pension benefits through … The states play a critical role in our federal system of governance. The process for setting future emissions standards began in 2012, when the Obama administration established the current levels. That is not at all to dismiss the experience and credentials of state judges, but rather, highlight the fact that federal court is the pinnacle of the profession. The U.S. Constitution provides many of our individual rights in the Bill of Rights, while they are provided in the first Article of the California Constitution. The state’s lawsuit has a decent chance of success. “Immigration law is the province of the federal government,” Mr. “This isn’t a cold war. X A – Water Resources Development [Sections 1 – 8], Assembly Bill 108: Limiting the Governor’s Emergency Powers, Using Model or Uniform Acts for Bill Drafting, Assembly and Senate Announce Committee Memberships, The Governor and California’s Constitution Article V, California’s Constitution – Its Structure and Functions, President Trump Demands CA Gov. to help the nation as a whole. Your email address will not be published. An example of the federal power vs the state power. The state lost a round in the case in March, when Judge William H. Orrick of the Federal District Court in San Francisco declined to issue a preliminary injunction. Because of this difference in authority, federal judges are typically required to possess deeper experience and higher credentials than state judges. Federal Spending in California. There are obvious similarities between the two guiding documents, but there are also important differences. We’re in the business of public safety, not deportation.”. Welfare, public assistance or Medicaid matters 4. Newsom Return $3.5 billion for State’s ‘Green Disaster’ Bullet Train Project, WaPo Busts Kamala Harris for Misrepresenting Trump Tax Cuts. money counterfeiting)The following issues are determined and legalized by the state: 1. Citing more than 1,200 pages of technical research, the previous decision called for automakers to nearly double the average fuel economy of their new cars and light trucks by 2025, to 54.5 miles per gallon. Greg Abbott, now the governor of Texas, used to say that his job description as the state’s attorney general was simple: “I go to the office in the morning, I sue Barack Obama, and then I go home.”, Xavier Becerra, California’s attorney general, has said that his attitude is slightly different. Although they are two different governing documents, there are similarities and differences between the federal and state constitutions. California ranked third in the nation in federal land ownership. The Articles are the following: Article I – Declaration of Rights [Sections 1 – 32], Article II – Voting, Initiative and Referendum, and Recall [Sections 1 – 20], Article III – State of California [Sections 1 – 9], Article IV – Legislative [Sections 1 – 28], Article VII – Public Officers and Employees [Sections 1 – 11], Article X A – Water Resources Development [Sections 1 – 8], Article X B – Marine Resources Protection Act of 1990 [Sections 1 – 16], Article XI – Local Government [Sections 1 – 15], Article XII – Public Utilities [Sections 1 – 9], Article XIII – Taxation [Sections 1 – 36], Article XIII A – Tax Limitation [Sections 1 – 7], Article XIII B – Government Spending Limitation [Sections 1 – 15], Article XIII C – Voter Approval for Local Tax Levies [Sections 1 – 3], Article XIII D – Assessment and Property-Related Fee Reform [Sections 1 – 6], Article XIV – Labor Relations [Sections 1 – 5], Article XVI – Public Finance [Sections 1 – 23], Article XVIII – Amending and Revising the Constitution [Sections 1 – 4], Article XIX – Motor Vehicles Revenues [Sections 1 – 10], Article XIX A – Loans from the Public Transportation Account or Local Transportation Funds [Sections 1 – 2], Article XIX B – Motor Vehicle Fuel Sales Tax Revenues and Transportation Improvement Funding [Sections 1 – 2], Article XIX C – Enforcement of Certain Provisions [Sections 1 – 4], Article XIX D – Vehicle License Fee Revenues for Transportation Purposes [Section 1], Article XX – Miscellaneous Subjects [Sections 1 – 23], Article XXI – Redistricting of Senate, Assembly, Congressional and Board of Equalization Districts [Sections 1 – 3], Article XXII – Architectural and Engineering Services [Sections 1 – 2], Article XXXIV – Public Housing Project Law [Sections 1 – 4], Article XXXV – Medical Research [Sections 1 – 7]. The State’s government makes ballot initiatives etc. California’s lawsuit said that adding a question on citizenship would depress participation and hurt communities with a high proportion of unauthorized immigrants. The powers of direct democracy reserved to the people, By Chris Micheli, February 15, 2019 2:00 am. The U.S. Constitution vests in the federal government certain specified powers. Judge Alsup ruled that the administration had abused its discretion and had acted arbitrarily and capriciously in rescinding the program. Pp. WASHINGTON — The Trump administration and California are fighting a furious multifront legal war, and every week seems to bring a new courtroom battle. The city of Los Angeles scored a win in another case, when U.S. District Judge Manuel Real ruled that the Justice Department could not require that local police help immigration agents as a condition of receiving federal funding. The state has a waiver under the Clean Air Act that allows it to enforce stronger air pollution standards than those set by the federal government. Civilian and military pension benefits consume a proportionately larger amount of the federal revenue than the share of total state revenue absorbed by CalPERS and CalSTRS contributions. National governments, for instance, occupy the highest level of governance. Sessions expressed incredulity that the administration should not be able to rescind what he called “an unlawful policy intended to usurp Congress’s role in passing immigration laws.”. Following are some of the issues that come under the federal law: 1. The Supreme Court turned down a hail-Mary appeal from the administration in February, and the case will now make its way up the court system in the usual way. In general, California tax law conforms to the Internal Revenue Code (IRC) with modification. Judge Orrick, noting that courts around the nation had come to varying conclusions in similar suits, said “the issues in this case will benefit from further development.”. California has not yet filed its response to the suit. In general, the figure displays funding amounts paid during or around state fiscal year 2014-15 (in some cases the … On the other hand, the federal government exercises its power over matters of national concern. Josh Edelson/Agence France-Presse — Getty Images. The federal government is eyeing two drilling locations on each of the coastal areas of northern, central, and southern California for the first offshore oil and gas development in decades. Article IV of the Constitution, which is concerned with the relationship between the federal government and the states, includes the Property Clause: “The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.”, And the 1850 law admitting California to the Union, making it the 31st state, was explicit: “California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned.”, Professor Levinson said her preliminary assessment of the suit was that “it looks like the federal government has quite a strong argument.”, But Prof. Michael Blumm, who teaches at Lewis and Clark Law School in Portland, Ore., said “it isn’t clear why the federal government claims it’s not possible to recognize a right of first refusal and carry out its other obligations.”, He added, “Isn’t there some irony in a D.O.J. Sessions may have been referring to them when he complained about “ideological judging.”. The next major court fight between California and the Trump administration may involve greenhouse gas emissions. “The federal government should have an accurate count of who can legally vote in our federal elections,” Mr. By These Estimates, California Receives $0.99 in Federal Expenditures Per Dollar of Taxes Paid. The state has filed 29 lawsuits against the federal government since President Trump took office, on issues including immigration, the environment and voting rights. (If the federal government did not spend more than it received in taxes, this ratio would be closer to $1.00.) They also give rise to a teachable moment in legal opportunism. But Judge William H. Alsup ordered the administration to maintain major pieces of the program while legal challenges move forward, notably by requiring the administration to allow people enrolled in it to renew their protected status. As such, California and its Constitution are prohibited from violating fundamental rights provided by the United States Constitution. The federal government owns 47.70 percent of California's total land, 47,797,533 acres out of 100,206,720 total acres. Social Security/SSI laws 4. Contact information for the California governor and key state agencies. The administration has sued to strike down a state law that made it harder for the federal government to sell or transfer federal lands. 4. States like California, Illinois, New York, and Washington are calling their own shots, invoking strong emergency public health powers coupled with local government support. The California Constitution begins with individual rights, then provides the powers of direct democracy reserved to the people, followed by establishment of the State, and then to the three branches of government. In Iowa, each resident is receiving $797 more back in federal services than they paid in taxes. While the United States Constitution is the supreme law of the land, the California Constitution sets forth the duties, powers, structure, and functions of the state government. Should California's state law to allow Marijuana override Congress's? And that’s politically expedient for both sides.”. Based on the Trump administration’s complaint, though, the state law appears to be in trouble. Writing in The Wall Street Journal, Prof. Josh Blackman, who teaches at South Texas College of Law, and Ilya Shapiro, a lawyer with the Cato Institute, a libertarian group, said the federal government seemed to have the better of the legal argument as to two of the three state laws. “California is not the arbiter of these issues,” he said in an interview with Bloomberg TV last month. The state constitution then proceeds to numerous Articles that have been added over the decades by the people, from transportation funding to redistricting to taxation to engineering services. The lawsuits all have distinct features, but collectively they pose fascinating questions about the Constitution’s allocation of power between the federal government and the states. But there is little question that some denials can give rise to constitutional problems. Comment document.getElementById("comment").setAttribute( "id", "a30f51864b39f2c066d49dcd77203ee0" );document.getElementById("fd77d9a173").setAttribute( "id", "comment" ); Chris Micheli is a lobbyist with Aprea & Micheli, as well as an Adjunct Professor of Law at the University of the Pacific McGeorge School of Law. “It’s bloody combat,” said Jessica Levinson, who teaches at Loyola Law School in Los Angeles. (This list excludes some small programs. The decision to alter the census form was sudden and consequential, and courts may be reluctant to allow such a drastic change. It followed a separate suit last month to block three state laws that sought to protect unauthorized immigrants. “Now we see the blue states battling Trump over sanctuary cities, the census and other issues,” Professor Somin said. Clashes between states and the federal government are nothing new, said Ilya Somin, a law professor at George Mason University. Professor Somin has written that attaching conditions to federal grants can be at odds with federalism. Since it is the highest level, all actions o… Last year, California sued the administration over its plans to deny federal funding to so-called sanctuary cities unless they begin cooperating with federal immigration agents. A Justice Department spokesman responded that the state was putting the welfare of unauthorized immigrants ahead of public safety. Judge Real issued a permanent, nationwide injunction, but it was likely the ruling would be appealed. The Supreme Court is a more attractive forum from the administration’s perspective, but the justices agree to hear very few cases. Your email address will not be published. In a statement on Monday, Mr. “We don’t wake up in the morning looking to pick a fight with the Trump administration,” Attorney General Xavier Becerra said. One of the challenged laws, for instance, prohibits state officials from telling federal ones when undocumented immigrants are to be released from state custody. California is not the owner of the three-mile marginal belt along its coast, and the Federal Government, rather than the State, has paramount rights in and power over that belt, an incident to which is full dominion over the resources of the soil under that water area, including oil. “Government by litigation isn’t what the American people voted for,” Attorney General Jeff Sessions said on Monday, “and attempting to thwart an administration’s elected agenda through endless, meritless lawsuits is a dangerous precedent.”. Mr. Becerra responded: “We’re not going to let the Trump administration coerce us into doing the federal government’s job of enforcing federal immigration law. The state constitution includes additional protections that the federal constitution does not. Land ownership See also: Federal land policy and Federal land ownership by state. Sessions filed suit against the state, accusing it of interfering with the sale of federal lands. California judges are elected, while federal judges are appointed. Bankruptcy law 3. The state is also likely to receive receptive hearings when its cases reach the United States Court of Appeals for the Ninth Circuit, in San Francisco, which has been a frequent target of Mr. Trump’s criticism. How California’s Government Differs from the Federal Government Each state has its own government that govern the people living in that particular state. Divorce and family matters 3. Scott Pruitt, the administrator of the Environmental Protection Agency, has said he is dissatisfied with that state of affairs. In the final analysis, 40 out of 50 states are getting more, sometimes a lot more, from the federal government than they’re paying in taxes. The federal government, under the powers of the U.S. Constitution, is given the power to make laws, veto laws, oversee foreign policy and national defense, impose tariffs, impeach officials, enter into treaties, interpret the Constitution, interpret laws and revise laws that allow one state to impede on the rights of another. We take a similar approach for payments to local governments. The Supreme Court did not decide whether other methods of counting were permissible. California this week declared its independence from the federal government’s feeble efforts to fight Covid-19 — and perhaps from a bit more. While the United States Constitution is the supreme law of the land, the California Constitution sets forth the duties, powers, structure, and functions of the state government. 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