Hierarchical Government

[Jonathan Buhacoff]

Proposal:

The laws of the land are hierarchical, starting with the Constitution that declares individual rights, creates and empowers the federal government, and enacts rules for states to join, participate, and leave the union. The rules related to hierarchical government include:

The federal government may only expand its powers with consent of the people and the states, and defines how that consent is measured and how much consent is needed, and recourse (if any) for dissenting people or states.

Each state’s constitution must be in accordance with the federal Constitution. A state SHALL respect, uphold, and protect all individual rights declared in the federal Constitution. A state may declare additional individual rights that are not in conflict with rights defined in the federal Constitution. A state may enact state laws that are not in conflict with the federal Constitution or federal laws.

A state may be organized into administrative regions such as cities, towns, counties, provinces, or other local governments. The federal government does not mandate any particular organization, but to the extent that the state grants freedoms to such administrative regions to enact their own laws, the state is responsible for ensuring that such laws are not in conflict with the federal Constitution or federal laws.

Private organizations, although not part of the government, must be in compliance with the Constitution and all applicable laws and regulations of every level of government where the organization operates — federal, state, regional, and local.

Intent:

Each level of government, starting with the Constitution and proceeding to federal, state, regional, and local government, must follow the rules created by the preceding level of government.

1. The Constitution, by the people, which declares the people’s rights and governs the government itself
2. Federal laws enacted by Congress
3. Federal regulations determined by the executive branch
4. State laws enacted by state legislatures
5. State regulations enacted by the state’s executive branch
6. Regional, provincial, or county ordinances
7. Local or city ordinances
8. Organizational policies

At each level of government, laws and regulations may create additional obligations and additional prohibitions that are not in conflict with obligations and prohibitions created by preceding levels of government.

Discussion:

The Constitution is the foundational authority of government, granted by the people, and governs the government itself and defines the foundational obligations and prohibitions on personal conduct that are necessary in order to maintain and promote the people’s life, liberty, and pursuit of happiness. All enacted laws, regulations, and policies at any level of government and in private interactions must be in accordance with the Constitution.

The Constitution’s focus should be on the minimum set of obligations and prohibitions for people, for the federal government, and for state governments, that are required to make the system of government work and to maintain and promote the people’s life, liberty, and pursuit of happiness. See also limited government.

The federal government’s focus should be on the minimum set of obligations and prohibitions required to protect and defend the country and the Constitution, and to maintain the union of states, with the goal of maintaining and promoting the people’s life, liberty, and pursuit of happiness.

The state government’s focus should be on the minimum set of obligations and prohibitions required to protect and serve the people, with the goal of maintaining and promoting the people’s life, liberty, and pursuit of happiness. In order to be part of the union, a state’s laws and regulations and policies must be compatible with federal laws and regulations and the Constitution. Prior to joining the union, a state must revise any laws and regulations that are in conflict with federal laws and regulations or the Constitution. After joining the union, a state must avoid enacting any laws or regulations that would be in conflict with federal laws and regulations or the Constitution, and proactively cancel any existing laws or regulations that are in conflict with newly enacted federal laws or regulations or Constitutional amendments.

The regional and local government’s focus should be on the minimum set of obligations and prohibitions required to protect and serve the people, with the goal of maintaining and promoting the people’s life, liberty, and pursuit of happiness. The regional and local governments are subordinate to the state government so all their ordinances must be in compliance with state laws and regulations. Regional and local governments must avoid enacting any ordinances that are in conflict with state or federal laws and regulations or the Constitution. Regional and local governments must proactively cancel any existing ordinances that are in conflict with newly enacted state or federal laws or regulations or Constitutional amendments.

Policies of federal government agencies must comply with federal regulations, federal laws, and the constitution. Policies of federal government agencies must also comply with state laws and regulations for the state in which activities are taking place, to the extent those state laws and regulations do not conflict with federal laws or regulations (see right to integrity).

Policies of state government agencies must comply with state regulations, state laws, federal regulations, federal laws, and the constitution.

Policies of regional and local government agencies such as school districts and utilities must comply with ordinances from their own level of government and also state regulations, state laws, federal regulations, federal laws, and the constitution.

Policies enacted by private organizations must comply with all applicable laws and regulations at every level of government in the location where their activities happen. These policies might involve the conduct of their board members, executives, employees, associates, members, vendors, or customers. Examples of such organizations include corporations, charities, sports clubs, professional associations, and political parties.

Starting with the Constitution, each level of government should be limited to the minimum obligations and prohibitions that are needed to accomplish its purpose. The Constitution is the primary tool for limiting federal government overreach. The Constitution is also a tool for limiting state overreach in opposing federal laws and regulations that are Constitutional. The Constitution is the place to obligate states to comply with Constitutional laws and regulations enacted by the federal government.

Each state should also have its own Constitution which serves a similar purpose at the state level — limiting state government overreach into regional and local affairs, and obligating counties and cities to comply with Constitutional laws and regulations enacted by the state and federal governments.

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