The State of California is the nation’s most populated state, and as such, its state government is larger than that of other states. It is still a state government with the same three branches of government as the federal government, and the differences between the judicial and executive branches are similar to that of other states.
The executive branch of state and federal governments differs in its positions and responsibilities. These are also the two subjects where they share similarities. Both have a head, the United States President on the federal side and the state governor on the state side. These individuals are the head of armed forces and National Guard respectively. They also have Attorney Generals, the head of the justice department in the President’s Cabinet, and the head of the justice department for California.
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"Branches of the Federal Government".
Where the executive branches differ in many ways is in the details. The President of the United States is elected by the Electoral College, while the California governor is elected by the people. The federal executive branch oversees 50 semi-sovereign states, while the state executive branch is only responsible for its laws. While both the federal and state government can create laws, individual items, such as marriages and birth certificates are handled by state governments. In many ways, the federal government is too broad to be representative, so the states are able to better represent small issues in a way that fits their population’s expectations.
The federal judicial branch begins with the U.S. Supreme Court, which was created by Article III in the Constitution. Congress has the authority to create lower courts and has created the U.S. Courts of Appeals, District Courts, and other lower court systems. People who want to appeal rulings may do so in the U.S. Court of Appeals, but if dissatisfied with that ruling they may only ask the U.S. Supreme Court to review it. The U.S. Supreme Court does not have to, but it has the final decision-making power for all courts. The California State Judicial System is similar to the federal system in that they too have a Court of Appeals, but here too defendants are ultimately bound by this decision unless the U.S. Supreme Court wishes to hear the case. Both the state and federal judicial systems allow you to defend yourself in criminal trials and be considered innocent until proven guilty (“Comparing Federal & State Courts”). A defendants rights are essentially similar in most cases.
The differences between the state and federal judicial system lie in their power and the types of cases they will hear. Sometimes these conflict with one another, such as is the case in California with marijuana legislation. As voters have decided to legalize marijuana, the state courts have decided not to prosecute those who use it. However, since it is federally illegal to use recreational marijuana, there are threats that the feds would prosecute. Ultimately, the feds win on decisions like this if they pursue it. Marijuana legalization is a subject that will be heard in state and federal courts, but not all subjects fall within state and federal jurisdiction. States can only prosecute in state courts and the feds in federal court, but they can each prosecute for the same crime without violating double jeopardy laws (Offices of the United States Attorneys). If multiple states are involved, the federal court may hear the case.
The branches of state governments handle things that are of state concern, such as probate court and licenses. They do not have the power to make their own money or declare war, and such national concerns are left up to the federal government. However, there are many items, such as criminal law, which are handled by both federal and state governments, and it ultimately has to do with jurisdiction. The goal of state government is to adequately represent smaller groups of people to tailor the law to fit the needs of society, and the federal government oversees this process while keeping national security a top priority.
- “Comparing Federal & State Courts.” United States Courts, http://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts. Accessed 18 May 2017.
- Offices of the United States Attorneys. “Introduction to the Federal Court System.” United States Department of Justice, https://www.justice.gov/usao/justice-101/federal-courts. Accessed 18 May 2017.
