Government
Power Structure: I
was explaining to a constituent how power flows
through
our constitutional government. In the United
States,
the People delegated
power
or authority to govern through their written constitutions. A portion of power
was
given (delegated) to the federal government, and a portion to the State government.
The
People also “retained” power to individually self-govern the exercise of various
God-given natural rights – such as freedom of speech. They did not delegate the power
to govern
these rights to either the federal or State governments.
The federal government is separated into three branches:
the legislative, executive and
judicial.
The legislature was given the power to make laws in the specific areas enumerated by the
Article 1, Section 8 of the Constitution of the United
States.
(Congress has pushed pass these enumerated limits through judicial interpretations of the
“necessary and proper” clause, the Commerce Clause, the supremacy of treaties
and the power to “tax and spend.”)
The
federal legislature also created the many federal agencies. Historically, Congress would
pass an Act or law and the agencies would make implementing regulations consistent with
that law. In the 20th century, Congress began to give the unelected agencies
the power to actually legislate through regulation. Also, the Executive or President, who
is supposed oversee the implementation of the laws made by Congress, began to establish
his own policy through the issuance of Executive Orders. More recently, the President has
created and appointed unelected “Czars” to ensure his policy is implemented
administratively.
It
is important to remember that a federal agency enforces its regulations on the individual
directly and not through the State. (The federal government cannot dictate that a State
implement a program, but can condition receipt of federal funds on the passage of some
program on the State level.) A similar, but separate governing system exists on the State
level. State legislature- created
agencies, boards and commissions also regulate individual action directly. These agencies
often try to get Counties to assume implementation of a State regulatory program, such as
the endangered species act, or they try and get Counties to pass local ordinances to
implement State policy. The Counties can refuse to do so.
The
California
constitution Article 11, Section 1 says that “the State is divided into counties
which are legal subdivisions of the State.” There is also a procedure for
establishing local government under a corporate charter. However, Siskiyou
County
is not a chartered County.
The
California
constitution declares the powers of County government under Section 7 as follows: “A county or city may make and enforce within
its limits all local, police, sanitary, and other ordinances and regulations not in
conflict with general [State] laws.” In addition, the legislature has delegated other
authorities to the County such as Zoning and land use planning (General Plan.).
Our
government is not hierarchical, but is supposed to be a dual and composite system of
government where power has been intentionally fractured and separated to protect and
maximize the liberty or freedom of the individual. The exception is that when two
governments overlap in jurisdiction and pass laws that conflict. In such a case, the
federal law “pre-empts” or supersedes the State law. Where a General
Law
County
such as Siskiyou is involved, both State and federal law pre-empts local ordinances where
they are in conflict.
Many
local people are frustrated that County government doesn’t intercede to protect the
individual from State or federal regulatory agencies. As these agencies have been given
authority by the legislature to directly regulate the individual and their regulations
supersede local ordinances, the County’s power is limited. Siskiyou County
has researched legislation and has found many federal and State laws/regulations that
direct agencies to coordinate or cooperate with local government. They are to take into
consideration local plans and County input so far as these are not in conflict with their
guiding laws. In incidences where these laws apply, Siskiyou County is
actively asserting its role in accordance with these clauses. However, it should be
remembered that coordination is not a veto on federal or State agency action. http://www.sisqtel.net/armstrng/coordination.htm
Klamath National
Forest (KNF) Motorized Travel Management Plan: The
comment period for the KNF motorized access plan ends on July 20, 2009. Documents can be found on the internet at http://www.fs.fed.us/r5/klamath/projects/ohv/index.shtml
Klamath River Total Maximum
Daily Loads (TMDL): The draft Klamath River TMDL
and Action Plan Addressing Temperature, Dissolved Oxygen, Nutrient, and Microcystin
Impairments is available for review and comment by August 17, 2009. http://www.waterboards.ca.gov/northcoast/water_issues/programs/tmdls/klamath_river/
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