1/12/2017 Introduction Guide to US Food Laws In the beginning,American laws were and Regulations mostly state laws SECOND EDITION As America grew,a need for more uniform Chapter 3 PatriciaA.Curtis law of the land also grew Federal,State, This chapter discusses the differences and Local Laws between State and Local laws and Federal Law Examples will be provided on how local regulations impact you and the foods you eat WILEY Blackwall Introduction National versus State Government Food Safety and Modernization Act(FSMA) First government was based on state laws initiated updates on food safety regulations Prior to the constitution,America was made States are changing their rules for local foods up of 13 colonies ruled by Great Britain rules vary from state to state loosen restrictions on farmers and cottage food producers with sales number below a limit rules are being established where none existed local food sales and the number of farmer's Original Thirteen Colonies markets have increased 。2010-6132 ·2009-5274 ·2000-2410
1/12/2017 1 Chapter 3 Federal, State, and Local Laws Introduction • In the beginning, American laws were mostly state laws • As America grew, a need for more uniform law of the land also grew • This chapter discusses the differences between State and Local laws and Federal Law • Examples will be provided on how local regulations impact you and the foods you eat Introduction • Food Safety and Modernization Act (FSMA) initiated updates on food safety regulations • States are changing their rules for local foods - rules vary from state to state - loosen restrictions on farmers and cottage food producers with sales number below a limit - rules are being established where none existed - local food sales and the number of farmer’s markets have increased 2010 – 6132 2009 – 5274 2000 - 2410 National versus State Government • First government was based on state laws • Prior to the constitution, America was made up of 13 colonies ruled by Great Britain
1/12/2017 National versus State Government The Articles of Confederation Congress given the No chiefExecutive After the Revolutionary War power to: No National Court System No Power to Draft Soldiers colonies formed a league of ·Declare War .No Power to Control Interstate friendship ·Make Peace Commerce ·Sign Treaties No Power to Enforce Treaties ·governed themselves ·Borrow Money articles of Confederation was drafted Establish an Army &Difficult to Pass Laws(2/3 vote) feared strong government Navy No National Currency ·Organize a Post ·Difficult to Amend This form of state government was too Office weak National versus State Government National versus State Government Government system was changed to Constitution was drafted to federalism,which is based on a sharing define the limits of the power of the of power between the national and state national government (local)governments define the relationship between the national government and the individual Opposite of this is a centralized state governments (unitary)government where national guarantee the rights of the citizens of government maintains all the power the United States
1/12/2017 2 After the Revolutionary War • colonies formed a league of friendship • governed themselves • articles of Confederation was drafted • feared strong government • This form of state government was too weak National versus State Government Constitution was drafted to • define the limits of the power of the national government • define the relationship between the national government and the individual state governments • guarantee the rights of the citizens of the United States National versus State Government • Government system was changed to federalism, which is based on a sharing of power between the national and state (local) governments • Opposite of this is a centralized (unitary) government where national government maintains all the power National versus State Government
1/12/2017 Unitary Federal States in the World Americans live under both national and state governments. 器 POWERS ·Collect taxes ·Establishlocal 。Establish courts governments Regulate interstate Set up schools Set sta .Regulate state Regulate banks ommerce for weichts and measures orrow money Make regulations Protect copyrights Provide for the a90 and patents and reg corporations Federalism:sharing of power between state (local) ☐Unitary States☐Federal States☐Special case:Somalia and federal governments National versus State Government National Government Sharing power between the national and Constitutional Convention took place from state governments allows us to enjoy May 25 to September 17,1787,in benefits of diversity and unity Philadelphia,Pennsylvania Uniform currency:imagine 50 state discuss improvements to the Articles of currencies Confederation burden of regulating currency is at national level -wanted to establish: fair to everyone .a strong,cohesive central government Death penalty:state decision based on with no individual or small group state's history,needs and philosophies becoming too powerful
1/12/2017 3 Federalism: sharing of power between state (local) and federal governments • Sharing power between the national and state governments allows us to enjoy benefits of diversity and unity - Uniform currency: imagine 50 state currencies burden of regulating currency is at national level fair to everyone - Death penalty: state decision based on state’s history, needs and philosophies National versus State Government • Constitutional Convention took place from May 25 to September 17, 1787, in Philadelphia, Pennsylvania - discuss improvements to the Articles of Confederation - wanted to establish: a strong, cohesive central government with no individual or small group becoming too powerful National Government
1/12/2017 National Government Three Branches of Government FEDERAL LEVEL To meet both needs,a government with three separate branches were developed Legislative 血画 Executive 瓜耍 The 5 Capitol Judicial LEGISLATIVE EXECUTIVE JUDICIAL each branch has its own distinct power Erdorce Law establishes a strong central government Congress President Supreme Court while insuring a balance of power enate ice President Cabine ather Federal Courts or more information see:Us Government Manua/online National Government State Government Each branch operates independently of each other State governments have their own in"checks and balancery prevenanh to constitutions concentration of power in protect the rights and liberties of citizens similar to that of the constitution ·Examples: cannot conflict with the national President can veto bills made by Congress Constitution President nominates individuals to serve the -each state's constitution differs from Federal judiciary the others Supreme Court can declare a law enacted by Congress or the President unconstitutional -each state has unique history,needs, Congress can impeach the President and philosophy and geography Federal court justices and judges
1/12/2017 4 To meet both needs, a government with three separate branches were developed Legislative Executive Judicial • each branch has its own distinct power • establishes a strong central government while insuring a balance of power National Government For more information see: US Government Manual online • Each branch operates independently of each other • Built in “checks and balances” prevent any concentration of power in any one branch to protect the rights and liberties of citizens • Examples: - President can veto bills made by Congress - President nominates individuals to serve the Federal judiciary - Supreme Court can declare a law enacted by Congress or the President unconstitutional - Congress can impeach the President and Federal court justices and judges National Government • State governments have their own constitutions - similar to that of the constitution - cannot conflict with the national Constitution - each state’s constitution differs from the others - each state has unique history, needs, philosophy and geography State Government
1/12/2017 State Government State Government First 100 years of US history states did most of the governing that Civil War-due to a rift formed between directly affected the people federal and state governments over the issue national government focused on foreign of sovereignty affairs 。 Several constitutional amendments were passed that spelled out the federal -Dual Federalism:(divided government's control over social and economic sovereignty)a political policy and protection of the civil rights of arrangement in which power is citizens divided between the federal and state governments in Dual Federalism continued as the federal clearly defined term government got stronger State Government State Government Civil War Amendments Civil War Amendments 14th Amendment-addresses citizenship rights and 13th Amendment-"Neither slavery nor equal protection of the laws involuntary servitude,except as a punishment for crime...shall exist within iterraled the United States" Equal Protection Clause:"No State shall deny to any person within its jurisdiction the equal protection of the law" Privileges or Immunities Clause:"No State shall make 13TH AMENDMENT -Due Process Clause:"No State shall deprive any person of life,liberty.or property.without due process of the law
1/12/2017 5 • First 100 years of US history - states did most of the governing that directly affected the people - national government focused on foreign affairs State Government - Dual Federalism: (divided sovereignty) a political arrangement in which power is divided between the federal and state governments in clearly defined term • Civil War – due to a rift formed between federal and state governments over the issue of sovereignty • Several constitutional amendments were passed that spelled out the federal government’s control over social and economic policy and protection of the civil rights of citizens • Dual Federalism continued as the federal government got stronger State Government Civil War Amendments • 13th Amendment – “Neither slavery nor involuntary servitude, except as a punishment for crime … shall exist within the United States” State Government Civil War Amendments • 14th Amendment – addresses citizenship rights and equal protection of the laws - Citizenship Clause: “All persons born or naturalized in the US --- are citizens of the US” - Equal Protection Clause: “No State shall deny to any person within its jurisdiction the equal protection of the law” - Privileges or Immunities Clause: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US” - Due Process Clause: “No State shall deprive any person of life, liberty, or property, without due process of the law” State Government