Chapter Six Division of Executive Power and Intergovernmental Relations

Division of Executive Power and Intergovernmental Relations Con’d

Firstly, it states that the federal government has one set of enumerated and limited functions and the states another set of un-enumerated reserve powers.

Secondly, within their respective spheres the two governments are co-ordinate and sovereign.

Thirdly, there is less overlap of power between the two governments and hence less sharing. There is rather a competition between the two levels of government as each legislates, executes and adjudicates its laws.

Fourthly, changes in the power distribution between the two can be accomplished only by constitutional amendment.

Division of Executive Power and Intergovernmental Relations Con’d

NB: While the notion of dual federalism may be an appropriate description of the 19th century federal system of the US, matters have changed a lot in the 20th century in favour of what some call co-operative or “marble cake federalism”, signifying a complex intermixing of powers and responsibilities between the federal government and the states with shared rather than layered powers.

Division of Executive Power and Intergovernmental Relations Con’d

The duality of executive authority has the following advantages:

firstly, this is believed to reinforce the autonomy of the legislative body;

secondly, it assures to the government the authority to implement and enforce its own legislation, which might otherwise run into difficulty when it relies on the state machinery;

thirdly, in parliamentary systems, it is only when the legislative and executive responsibilities coincide that the legislature can exercise control over the body, executing its laws.

• it will be misleading to state that there existed no connections between the two levels of governments.

Division of Executive Power and Intergovernmental Relations Con’d