Civics 101: Differences between City, State, and Federal Government
Resident: “Obi, I love you! Please make sure you keep us out of the war in Ukraine. Thanks!”
Ok, that wasn’t a real request from a resident. But, I do frequently receive lesser-extreme but equally-misaligned requests every day. I’ve been asked so many times for a breakdown, so I’m very pleased to finally deliver an explanation (from Obi’s perspective) of the differences between City, State, and Federal government!
We have a federal system of government, and state and local governments operate within that system. Governance in the United States is more of a network than a hierarchy, because the policies and politics of any single level of government are intertwined with those of other levels in a complex web of interdependent relationships.
City Government
Let’s start with city government. I’d like to first mention that this is where the rubber meets the road, yet is paid the least attention. Tens of thousands serve in the legislative branches of local government, compared to thousands at state level, and only 535 in the U.S. Congress.
Westminster City Council, comprised of 7 of us, serve as the legislative and governing body of the city. Our city is governed under a “Council-Manager” form of government (used in 40%+ cities with 2,500+ population across nation), which basically combines the strong political leadership of elected officials (City Council) with the strong managerial experience of an appointed “CEO” or manager of day-to-day operations (City Manager). City Councilors are elected at-large to four-year terms in non-partisan (don’t laugh, it’s really supposed to be) elections held in November of odd-numbered years.
Westminster is one of ~68 (this number changes often) municipalities in Colorado that operates as a “home rule” city, which means we collect our own sales and use tax separately from the state tax; and it also means that our City Charter will supersede any conflicting state law in matters that are solely local in nature. All of the current laws or ordinances (of a permanent nature) enacted by City Council can be found in the Westminster City Code.
All of that is good background to understanding City Council’s responsibilities. Mainly, we are tasked with developing long-range vision and policies that we believe are in the best interests of our residents. As you may already know, my philosophy on policymaking is oriented around ruthless prioritization of YOUR needs and wishes of residents vs. my own personal beliefs of what I feel you need. Another responsibility of City Council is to appoint and manage 3 employees: City Manager (oversees City Administration and our annual budget of $283M), City Attorney (oversees Legal Services), and Municipal Judge (oversees the Municipal Court). Besides those, we are a full-service city so we offer: community and economic development, Parks/Rec/Libraries, fire protection, law enforcement, Public Works and Utilities, General Services, and more!
So, basically, my duties at the city level revolve around the above. There is an ongoing perennial debate about how far a municipality can or should go. My opinion is that our residents elected us to improve their quality of life, and if we are able to then we should. That may include examples of my personal priorities such as: taking care of our unhoused population, allocating more dollars towards direct support for our working families, or removing unnecessarily restrictive or exclusionary zoning regulations to produce a larger diversity of housing types at affordable price points. If there are State or Federal issues, I do not hesitate to advocate on your behalf because I believe that the notion of “that’s not my job” is unacceptable in our unprecedented times.
Let’s talk about State government.
State Government
States have a basic division of powers among the executive, legislative, and judicial branches of government, and operate under the set of rules in the U.S. Constitution and State Constitution. Over the past few decades, state governments have been slowly taking power and responsibility away from the federal government (as evident in policy areas such as welfare, gun safety, and education).
Colorado State government grants power to municipalities, because Colorado is a sovereign government that gets its power directly from citizens. Westminster residents are subject to all applicable state laws, except in matters of solely local concern (because we are Home Rule). Together, as alluded to, state and local governments shape the social and economic lives of our residents.
At a very high level, State government is mainly responsible for passing laws to advance public health and safety, regulate intrastate commerce, establish and maintain schools, determine the violations and punishments that constitute criminal law, fund social services and elections, manage safe water, utility grid, and the highway system.
State governments determine how much of the budget will be used for education funding. Public colleges and universities are created and supported by state governments, and they require taxpayers to subsidize the operation of these education systems (i.e. tuition covers only a portion of the actual costs of a student’s education, while the state’s subsidy covers much of it).
Colorado State government CANNOT: tax imports and exports, coin money, enter into treaties, impair obligation of contracts, and enter compacts with other states without congressional consent.
Federal Government
Conversely, the federal government can do many things, but here is what they CANNOT do: tax state exports, change state boundaries, improve religious tests, or pass laws in conflict with the Bill of Rights. Federal laws apply to every state in the country, including immigration, bankruptcy, Social Security, anti-discrimination and civil rights, patent and copyright laws, tax fraud and counterfeit, and more.
The federal government also runs the Treasury and manages interstate commerce and maintains the military.
There are 15 Federal agencies (e.g. Education, Treasury, etc.) and 5 independent agencies (USPS, NASA, the CIA, the EPA, and USAID). The largest agency is the Department of Defense, which includes active duty and reserve military personnel across Army, Navy, Air Force, National Security Agency and Defense Intelligence Agency.
The Legislative branch of the federal government makes laws and is comprised of the House of Representatives and the Senate. The Judicial branch evaluates laws, and is comprised of the Supreme Court and other courts. Colorado's Congressional delegation is comprised of two U.S. Senators and seven (but soon to be eight) Representatives. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie. The Senate has the sole power to confirm those of the President’s appointments that require consent, and to provide advice and consent to ratify treaties.
What about County Governments and School Boards? These two, along with municipalities comprise of what’s called “local government”. Westminster sits in both Adams County and Jefferson County.
There are county elected officials, including Commissioners (policymaking), Clerk & Recorder (elections), Treasurer (collects property taxes), Assessor (property valuations), Sheriff (court and jail system), and Coroner (death investigations). States also grant Counties their power, and services include: provision of jails, weed control, public health agency, ambulance services, control wildfire planning, mass transit systems and more.
The Colorado Constitution requires the State General Assembly to provide for the establishment and maintenance of a free public school system throughout the state for all residents between the ages of 6 and 21 years. One or more public schools must be maintained in each school district (178 total) within the state for at least three months in each year. Each school district is overseen by a school board elected by the school district voters.
The board determines the instruction for the public schools within the district. Their responsibilities include: adopting policies and prescribing rules and regulations, hiring a superintendent to handle the administration of the district’s policies, approval of the district’s annual budget, and submission to the appropriate county in order for property taxes to be levied to fund the annual budget. Colorado school districts are funded by a combination of federal, state, and local sources (mainly property taxes). Westminster is served by 3 school districts.