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Structure and Functions of State Government

By: Emily Park

What makes the state government different from federal is that they have different sub-governments. County governments is one of those sub-groups. States are all divided up into counties, which are administrative units of the state, meaning the county is not a sovereign but the state is, the county helps execute laws. In a county government, there is a supervisors that will be elected, they are essentially head of the county government. Another sub-group is the independent governments that is within the state, they are not connected to counties or cites. They are multiple sub-governments and there job is to carry out state laws. These are all elected positions and some examples are school districts and water district. In school districts, it can be more than one city.

The person who brought the idea to the state government is Barbara Ehdart and has been working on this bill for 2 years because she believes that biological female can't compete physically with transgender women. The bill was officially signed off by the governor of Idaho on April 13, 2020 by Brad Little. The act had plenty of support in the state government that are Republican in house and state, however the Democrats have not. Many people who agree with this bill argues it is a way to protect females from transgender women.

How it Relates to Unit 2

Summary of Current Event

This resulted in two civil rights group that filed a federal lawsuit, American Civil Liberties Union and Legal Voice because they believe it is a violation of the U.S. constitution. It is a violation because it is an invasion of privacy and the law is discriminatory. Both groups have stated that the law will start being affective on July 1, 2020 which is a violation of Title IX because there was a law passed in 1972 that does not allow sex discrimination against people in education. The lawsuit is 60 pages long and the group has made it clear that the court should permanently not become a law.

The Fairness in Women's Sports Act was recently passed in Idaho, U.S. which restricted transgender females to play in women's school sports, legalize sex testing (only females) to compete in sports competition, and lastly there will be restrictions on changing a person's gender on their birth certificate. Idaho became the first state to implement this act. The ban of transgender females apply to all sports team sponsored by public schools, colleges, and universities.

State governments are structured to follow Article 4 which the state needs to provide a representative democracy, which is known as a Republic in the constitution. The structure of the state government is very similar to federal. They also have a separation of power. The executive branch is headed by the state governor and has many state bureaucratic agencies such as department of motor vehicle. Next is the legislative branch which is called a state legislature, you would see a bicameral legislate house, which is state senate and state assembly. In each state, it is all subdivided into districts and the people elect state governors and divided into more districts electing one state assembly. There is also a judicial branch that set up state trial courts which is based on one county and people can group together to appeal, lastly each state has a supreme court. The state trial courts are all divided based on the topic matter.

Lastly, there is police power which state governments have the power to pass laws to protect public health, safety, and welfare. States are not limited to power, however the federal government is. The state as tremendous power, they can pass any law that they want but, as long as it does not violate the U.S. constitution. When there is a law being passed by the state, the federal government cannot be apart of it, but there a few cases when they can intervene. For example, when there is a constitutional amendment gives congress power, when regulation is related to express grant of power, state law violation of constitution, and state getting money from the federal government.

Additionally, two plaintiffs are also bringing in the lawsuit because they are arguing it is clear violation of the 14th Amendment's equal protection clause because the law is discriminatory. The 4th Amendment protects people's privacy. The first plaintiff is a cisgender student at Boise High School who does not want to be named and the other plaintiff is Lindsay Hecox who is a transgender student at Boise State University, she wants to be qualified for the women's cross country teams. Hecox simply wanted to compete and her rights should not be taken away, that she should not be seen as a big news story.

LINDSAY HECOX

The functions that the state government preform at is based on the 10th Amendment meaning not all the power goes to the federal government, that some are reserved to state government. So federal governments focuses on other countries and multiple states, while the state itself will do the rest. There are five examples that the state handles which is providing public education which is different from the U.S. department of education because they are in control of things such as the pell grant and student loans. So the states are the ones that are providing the curriculum, like common core, it has nothing to do with the federal law. Next is creating marriage laws and issuing marriage license. Then there is state criminal laws, many people break state laws, a small amount is actually federal. There are also laws that are related to voters registration and running an election.

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