Federal and state relations state law
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Federal and State Relations State Law. Multiplicity of sources Three branches Legislative – enacting statutory law Executive – promulgating administrative law Judicial – rendering opinion that comprise case law Two sovereigns - federal and state.

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Federal and State Relations State Law

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Federal and state relations state law

Federal and State RelationsState Law


Federal and state relations state law

  • Multiplicity of sources

  • Three branches

  • Legislative – enacting statutory law

  • Executive – promulgating administrative law

  • Judicial – rendering opinion that comprise case law

  • Two sovereigns - federal and state


The nature of law public policy

The Nature of Law/Public Policy

  • Law organizes behavior through a system of  incentives (carrots) and penalties (big sticks) that coerces individuals, organizations, and governments to behave  in particular ways

  • Defines, promotes, protects, and enforces acceptable behavior

  • Defines, promotes, protects, and enforces unacceptable behavior

  • Makes certain behavior more attractive/rational/profitable than another

  • The law provides a context for individuals, corporations and governments making decisions about their behavior – for example how to use land

  • Law organizes space over which certain entities have jurisdiction


Census of governments

Census of Governments

  • 87,504 governmental units in the United States  

  • All publish material that carries some measure of legal authority

  • A federal government

  • 50 state governments

  • 87,453 units of local government

  • 39,044 are general purpose local governments 3,043 county governments 36,001 subcounty general purpose governments - municipalities, townships)

  • 48,409 are special-purpose local governments   13,726 school district governments  34,683 special district governments


Earmarks pork

Earmarks/Pork

  • President Declares Emergency Federal Aid For Minnesota (FEMA)

  • Emergency Funds for Bridge Repairs

  • Federal Aid Programs For Minnesota Disaster Recovery (FEMA)

  • Bush Budget Would Cut Federal Aid to Minnesota by 6.1% (May 2001)

  • Amount of Federal Aid Awarded to Undergraduates at Minnesota Institutions

  • Federal Aid for Sport Fishing

  • Agricultural Subsidies

  • Federal Funding for the Arts (Dallas Indicators)

  • Federal Motor Carrier Safety Administration

  • Food and Drug Administration <states>

  • Consumer Product Safety Commission (Chinese Drywall)


Mercury

Mercury

  • 42 USC 14301 et seq. Management of Rechargeable Batteries Legislation (Cornell University)

  • Mercury (EPA)

  • Nine US States File Suit Challenging Federal Mercury Emissions Rules, Say Policy Does Not Protect Fetuses, Children

  • States’ mercury legislation and regulation

  • Status of mercury product legislation

  • State to take new look at rules on mercury pollution

  • Minnesota Statutes

  • Minnesota Rules <mercury>

  • Minnesota Pollution Control Agency

  • Minnesota Department of Health


Federal and state relations state law

  • Human Services Programs: The Relationship Between Federal, State, and Local Governments (Minnesota House)

  • The Federalist Debates: Balancing Power Between State and Federal Governments (NEH)

  • Relationship between Federal and State Funding for Breast Cancer Research

  • State-Federal Relations (National Council of State Courts)

  • Is it time for a new fiscal balance between states and the feds? (Stateline.org)

  • THE FEDERAL-STATE RELATIONSHIP IN THE FEDERAL-AID HIGHWAY PROGRAM


Forestry

Forestry

  • State and Private Forestry (Forest Service)

  • Minnesota DNR Division of Forestry

  • St. Louis County Land Department


Federal state relations

Federal-State Relations

  • The nature of federal authority

  • The power given the federal government in the federal constitution

  • The power assumed by the federal government that has not been denied by the Supreme Court

  • The nature of state authority

  • The power given the state government in the Federal Constitution and accepted by the state in the Minnesota Constitution

  • The power assumed by the state government that has not been denied by either the state Supreme Court or the federal government


Federalism

Federalism

  • The way individuals, organization and governments operate, under "the rule of law"

  • Incessant debate about the responsibilities and roles of the federal and state governments

  • Incessant debate about the authority and role of the various branches of federal and state governments

  • Incessant debate about what goods should be produced and what services should be provided

  • Incessant debate about how to produce goods and how to provide services

  • We “muddle through”

  • Outcome of the debate has varied temporally and spatially

  • Executive Order 13132 Federalism (Federal Register August 10, 1999)


Constitution of the united states gpo access

Constitution of the United States (GPO Access)

  • Article 1 Section 10

  • Article 4

  • Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people (1791)

  • Amendment XI The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. (1795)


Debate about governments federal v state

Debate about Governments: Federal v State

  • Nation versus State Government (Ben's Guide to Government)

  • Unfunded mandates (General Accountability Office)

  • Jurisdiction (The Constitution Society)


Minnesota constitution

Minnesota Constitution


Jurisdictional issues

Jurisdictional Issues

  • Jurisdictional over Federal Areas Within the States (Report of the Interdepartmental Committee for the Study of Jurisdiction Over Federal Areas Within the States, 1956)

  • Minnesota Statutes, 2006 Chapter 1


Public policy

Public Policy

  • Created by a federal and state governments acting under authority defined, somewhat imperfectly, in a constitution

  • The Legislative branch of government enacts legislation that

  • defines and establishes broad social goals

  • outlines what behavior modifications are needed to achieve those goals

  • delegates authority necessary to change behavior

  • appropriates revenue

  • The Executive branch of government promulgates rules designed to change behavior under legislative mandate 

  • The Judicial branch examines claims by individuals, organizations, even government itself, that specific legislation or specific regulation violates their constitutional rights and cause some harm


There is a structure and a process

There is a structure and a process


Minnesota north star

Minnesota North Star


Minnesota state legislature

Minnesota State Legislature

Constitutional Provisions

The legislature shall meet at the seat of government in regular session in each biennium at the times prescribed by law for not exceeding a total of 120 legislative days

The legislature shall not meet in regular session, nor in any adjournment thereof, after the first Monday following the third Saturday in May of any year


Executive branch

Executive Branch

  • Constitutional provisions

  • Constitutional Officers

  • Office of the Governor

  • Governor’s Cabinet

  • Office of the Attorney General

  • State Agencies

  • Guidebook to State Agency Services


Minnesota judicial branch

Minnesota Judicial Branch

The Minnesota Judiciary. A Guide to Legislators

Constitutional provisions


Local governments

Possess whatever power the state government delegates to them

Chapters 365 – 368 Towns

Chapters 370 – 403 Counties, Regional Authorities

Chapters 410 – 414 Cities, Organization

Chapters 415 – 418 Cities, General

Chapters 419 – 425 Municipal Personnel

Chapters 426 – 435 Municipal Finance

Chapters 436 – 439 Municipal Public Safety

Chapters 440 - 446A Municipal Public

Chapters 451 – 459 Local Public Utilities

Chapters 460 – 463 Local Government

Chapters 466A – 470 Local Economic

Chapters 471 - 472B Municipalities

Chapters 473 - 473I Metropolitan Area

Chapters 474 - 477A Public Indebtedness

Local Governments


Local governments1

Local Governments

  • Metropolitan Council

  • Minneapolis

  • Hennepin County

  • Duluth Township

  • Local and Metropolitan Governments (House Research)


Statutory law

Statutory Law

  • Each bill, passed by both chambers of the legislature and signed by the Governor, is assigned a chapter number and every chapter for a particular year is published in the bound volume called the Session Laws of the State of Minnesota

  • This is the only official record for temporary and special laws, such as laws for a specific unit of government or a law containing an appropriation

  • Each session law amends Minnesota Statutes

  • a compilation of the general and permanent statutory law of the state.

  • incorporates all new acts and changes in existing legislation

  • printed every two years by the Revisor of Statutes

  • a supplement is issued in odd-numbered years to show changes made during that legislative session 


Statutory law1

Statutory Law

  • Statutes are acts that apply to all citizens and cover a variety of topics

  • Statutes have ongoing application and use

  • Session Laws may be only effective for a limited period of time

  • How a bill becomes law

  • Describing legislative history is not easy

  • Legislative Publications (House)

  • Legislative Publications (Senate)


Administrative law

Administrative Law

  • A general statement adopted by an agency to exercise the authority delegated to it by legislation and to fulfill the objectives of legislation

  • An agency may adopt a rule only after the legislature has enacted legislation granting this authority to the agency

  • An agency must make rules under the rulemaking provisions of Minnesota Statutes, chapter 14

  • Minnesota Rules is printed every two years and contains all rules that are currently in force

  • Minnesota State Register is published every Monday, unless there is a State holiday, in which case it is published on Tuesday

  • all rules published in Minnesota Rules must be first published in the State Register

  • each rule published in the State Register amends a rule in Minnesota Rules


Administrative law1

Administrative Law

  • Environmental Quality Board

  • Energy Facility Permitting transferred from Minnesota Environmental Quality Board to Public Utilities Commission

  • Effective July 1, 2005, Article 3 of the recently passed energy bill S.F.1368 transfers power plant and wind turbine siting, transmission line and pipeline routing authority from the Minnesota Environmental Quality Board (EQB) to the Minnesota Public Utilities Commission (PUC)  

  • Public Utilities Commission


Case law

Case Law


Case law1

Case Law

  • Judicial Branch

  • Minnesota Appellate Court opinions (Findlaw)

  • State Law Library


Metropolitan council

Metropolitan Council

  • Anoka County

  • Carver County

  • Dakota County

  • Hennepin County

  • Ramsey County

  • Minneapolis

  • St. Paul

  • Denmark Township

  • Empire Township

  • Special Districts

  • Local Government Associations


Federal and state relations state law

  • Federal and State law often operate together

  • Minnesota Food Law MS c. 31.002

  • May operate independently

  • Licensing individuals


Voyageurs national park

Voyageurs National Park

  • Contains 218,054 acres - 134,265 acres of land and 83,789 acres of water

  • Authorized on January 8, 1971 (16 USC 160 et seq)

  • “The Secretary of the Interior is authorized to establish the Voyageurs National Park in the State of Minnesota, by publication of notice to that effect in the Federal Register at such time as the Secretary deems sufficient interests in lands or waters have been acquired for administration ….”

  • Formally established on April 8 1975 (40 FR 15921)

  • Act amended Jan. 3, 1983, P.L. 97-405 96 Stat. 2028

  • Voyageurs National Park Association

  • Snowmobile Restrictions in Voyageurs NP


Federal and state relations state law

  • Voyageurs Nat'l Park Ass'n v. Norton, No. 03-2911 , UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT , 381 F.3d 759; 2004

  • United States v. Armstrong, No. 99-1190, No. 99-1191, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 186 F.3d 1055; 1999

  • Mausolf v. Babbitt, No. 96-1856, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 125 F.3d 661; 1997

  • Mausolf v. Babbitt, No. 95-1201MN, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 85 F.3d 1295; 1996

  • Voyageurs Region Nat'l Park Ass'n v. Lujan, No. 91-2023, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 966 F.2d 424; 1992

  • United States v. 341.45 Acres of Land, Nos. 82-1919, 83-1519 , UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT , 751 F.2d 924; 1984


Federal and state relations state law

  • United States v. Brown, No. 76-2017, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 552 F.2d 817; 1977

  • Sierra Club North Star Chptr. v. Pena, Civil No. 4-96-547 (ADM/JGL), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, 1 F. Supp. 2d 971; 1998

  • Mausolf v. Babbitt, 5-94-CV-8, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FIFTH DIVISION, 913 F. Supp. 1334; 1996

  • Mausolf v. Babbitt, Civ. No. 5-94-8, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FIFTH DIVISION, 158 F.R.D. 143; 1994

  • Voyageurs Regional Nat'l Park Ass'n v. Lujan, CIVIL 4-90-434, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FOURTH DIVISION, 1991


Federal and state relations state law

  • Voyageurs Nat'l Park Asso. Defenders of Wildlife v. Arnett, Civil No. 3-84-261, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA THIRD DIVISION, 609 F. Supp. 532; 1985

  • Kiernat v. County of Chisago, Civil No. 4-82-1215, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FOURTH DIVISION, 564 F. Supp. 1089; 1983

  • National Asso. of Property Owners v. United States, Civ. Nos. 5-79-95, 5-79-178, Civ. 5-80-25, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FIFTH DIVISION, 499 F. Supp. 1223; 1980

  • United States v. Brown, No. Cr. 5-76-10, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FIFTH DIVISION, 431 F. Supp. 56 1976

  • Minnesota Public Interest Research Group v. Butz, No. 4-72 Civ. 598, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, FOURTH DIVISION, 358 F. Supp. 584; 1973


State actions

State Actions

  • Authorized on January 8, 1971

  • Session Law 1971 chapter 852 Authorized land conveyance

  • Formally established on April 8 1975 (40 FR 15921)

  • Jan. 3, 1983 Boundary Revisions

  • Session Law 1995 chapter 124 Emphasizes state jurisdiction

  • Minnesota Statutes 2005 Chapter 84B


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