> **Session No.13**

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**Course Title: Coastal Hazards Management**

**Session Title: Governance of the Coast: Institutions, Policy,
Jurisdictions**

**Author: Professor David J. Brower, University of North Carolina at
Chapel Hill**

> **Time: 50 Minutes**

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**Objectives:**

13.1 Describe the executive branch of government.

13.2 Describe the legislative branch of government.

13.3 Describe the judicial branch of government.

13.4 Describe the types of policies used by each branch of government to
carry out its mission as well as those policies that control or govern
it in doing so.

13.5 Describe the geographic and substantive jurisdictions in which
these policies operate**.**

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**Scope**:

In the previous session the students were given an overview of the
framework and function of governments in managing development of the
coast.

In this session the students will examine the governmental institutions
that participate in the governance of the coastal zone, the types of
policies those institutions use and are governed by, as well as the
substantive and geographical jurisdictions in which these policies
operate.

Later in the course the students will examine specific policies and
programs that affect the vulnerability of the coastal area to natural
hazards. The purpose of the last session and of this session is to
provide the student with a context within which to better understand
those particular policies and programs and how they operate.

This session begins by fleshing out the concept of the three branches of
government that was introduced in the last session. It then examines in
some detail the different types of policy and their functions. The
session concludes with a brief discussion of jurisdictions.

While the material of this session may seem rudimentary, it has been the
experience of the course developers that many students, even at the
graduate level, do not have a basic understanding of how the structure
of government determines the manner in which policy is formulated and
applied. If the instructor finds that the students are well versed in
policy formulation, government agency activity, and other topics covered
during this session, he or she may choose to present an abbreviated
version of the lecture and PowerPoint slide presentation, and instead
lead the class in a seminar-style discussion of the issues.

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**Readings:**

*Student and Instructor Reading:*

Burns, Peltason, Cronin, Magelby, O\'Brien and Light, 2004. *Government
by the People: National, State, and Local.* Englewood Cliffs, NJ:
Prentice-Hall, Inc. pp. 306 - 313; Chapter 26; Chapter 28; 270 - 277;
610 - 625; 674 -- 694; 710 - 715; 376 - 384; 654 -- 658.

*Black's Law Dictionary*.

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**General Requirements:**

This session is to be presented as lecture supported by PowerPoint
slides. Class discussion is to be encouraged.

The instructor may wish to ask each student to prepare a \"documentary
description\" of an agency of their choosing. The description should
consist of excerpts from all of the relevant policies that govern the
agency and should indicate the relevant branch or branches of government
involved in the policy.

For Objective 13.4, ask the students to find a copy of *Black\'s Law
Dictionary* and look up the definitions of the terms you will be
discussing during Objective 13.4.

**PowerPoint Slides:**

**PowerPoint 13.1** Article II of the United States Constitution

**PowerPoint 13.2** Organization Chart of the Executive Branch of the
national

Government

**PowerPoint 13.3** Organization Chart of a typical state Executive
Branch

**PowerPoint 13.4** Organization Chart of a Strong Mayor - Council form
of local government

**PowerPoint 13.5** Organization Chart of a Weak Mayor - Council form of
local government

**PowerPoint 13.6** Organization Chart of a Council - Manager form of
local government

**PowerPoint 13.7** Organization Chart of a Commission form of local
government

**PowerPoint 13.8** Section 1 and the first and last clauses of Section
8 of Article I of the United States Constitution

**PowerPoint 13.9** Article III of the United States Constitution

**PowerPoint 13.10** Typical hierarchy of courts

**PowerPoint 13.11** Excerpt from the U.S. Constitution

**PowerPoint 13.12** Excerpt from the Disaster Mitigation Act of 2000

**PowerPoint 13.13** Excerpt from the Disaster Mitigation Act of 2000
authorizing the Director of FEMA to promulgate rules

**PowerPoint 13.14** Excerpt of the Rules promulgated by the Director of
FEMA under the authority of the Disaster Mitigation Act of 2000

**PowerPoint 13.15** State and Local Mitigation Planning How-to Guide

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**Objective 13.1 Describe the executive branch of government.**

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
Slides.

The following PowerPoint slide will be shown during this Objective:

**PowerPoint 13.1** Article II of the United States Constitution

**PowerPoint 13.2** Organization Chart of the Executive Branch of the
national government

**PowerPoint 13.3** Organization Chart of a typical state Executive
Branch

**PowerPoint 13.4**. Organization Chart of a Strong Mayor - Council form
of local government

**PowerPoint 13.5** Organization Chart of a Weak Mayor - Council form of
local government

**PowerPoint 13.6** Organization Chart of a Council - Manager form of
local government

**PowerPoint 13.7** Organization Chart of a Commission form of local
government

**Remarks:**

## The Executive Branch of Government

**\[PowerPoint 13.1 Article II of the United States Constitution\]**

-   **Article II** of the United States Constitution states:

> *\"The executive Power shall be vested in a President of the United
> States of America.\"*

# [The President]{.underline}

> **\[PowerPoint 13.2 Organization Chart of the Executive Branch of the
> national government\]**

-   Article II brings this broad grant of authority into sharper focus
    by declaring that the President

> *\"shall be the Commander in Chief of the Army and Navy\...."*

-   In addition, Article II gives the President the authority to conduct
    foreign relations; and for our purposes, perhaps most importantly,
    Article II places the President at the head of the federal
    bureaucracy.

## Governor

> **\[PowerPoint 13.3 Organization Chart of a typical state Executive
> Branch\]**

-   The constitutional powers of a **governor** vary tremendously from
    state to state depending, of course, on the language of the state
    constitution. But the actual power of the governor depends to a
    great extent on the ability of the particular governor to lead,
    negotiate, and persuade.

## Local Executive Power

-   The executive power at the **local level** depends on the
    legislation governing the particular municipality. There are many
    variations on the following themes:

1.  **Strong Mayor - Council**. The Mayor is elected directly by the
    electorate to be the chief executive of the municipality.

\[PowerPoint 13.4. Organization Chart of a Strong Mayor - Council form
of local government\]

2.  **Weak Mayor - Council**. The Mayor is elected by the council to
    serve as the chair of the Council and little else. The council
    serves as the executive.

\[PowerPoint 13.5 Organization Chart of a Weak Mayor - Council form of
local government.\]

> 3\. **Council - Manager**. The Council is elected and they in turn
> hire a professional manager to be the executive. The Mayor under this
> form serves as little more than chair of the council regardless of how
> they are elected.

\[PowerPoint 13.6 Organization Chart of a Council - Manager form of
local government.\]

> 4\. **Commission**. The commissioners are elected and serve as members
> of the legislative body and also the executive of a department.

\[PowerPoint 13.7 Organization Chart of a Commission form of local
government.\]

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**Objective 13.2 Describe the legislative branch of government.**

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
slides.

The following PowerPoint slide will be used during this Objective:

**PowerPoint 13.8** Section 1 and the first and last clauses of Section
8 of Article I of the United States Constitution.

**Remarks:**

## The Legislative Branch of Government 

-   **Article I** of The Constitution of the United States:

> *\"All legislative Powers herein granted shall be vested in the
> Congress of the United States, which shall consist of a Senate and
> House of Representatives.\"*

-   **Section 8 of Article I** enumerates a long list of powers, and at
    the end of the list adds the authority

\"To make all laws which shall be necessary and proper for carrying into
Execution the foregoing powers, and all other Powers vested by this
Constitution in the Government of the United State, or in any Department
or Officer thereof.\"

> \[**PowerPoint 13.8** **Section 1 and the first and last clauses of
> Section 8 of Article I of the United States Constitution.\]**

-   **State legislatures** vary from state to state. Most (the only
    exception is Nebraska) have two houses and most function in ways
    reflective of the U. S. Congress. But the legislatures do vary in
    terms of frequency and duration of sessions. A few (about 10) meet
    \"full time\", about 18 meet infrequently for relatively short
    sessions while the rest are somewhere in between.

-   The authority to \"legislate\" at the **local level** is vested in
    what are called \"councils\", \"commissions\" and the like. Their
    authority is derived from the legislature not from the constitution.
    It will be remembered from the last session that local governments
    have only the authority given to them by the legislature. The
    product of their action is called an \"ordinance\" rather than a
    \"statute\" as is the case with national or state legislation.

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**Objective 13.3 Describe the judicial branch of government.**

**Requirements:**

The content should be presented as lecture, supported by PowerPoint
slides.

The following PowerPoint slides will be shown during this Objective:

**PowerPoint 13.9** Article III of the United States Constitution

**PowerPoint 13.10** Typical hierarchy of courts

**Remarks:**

## The Judicial Branch of Government

## Federal Courts

-   **Article III** of the United States Constitution:

\"The judicial Power of the United States, shall be vested in one
supreme Court, and in such inferior Courts as the Congress may from time
to time ordain and establish.\"

-   Of fundamental importance to the students of this course is the
    authority of the **United States Supreme Court** to review state and
    national legislation and refuse to enforce those laws that are
    inconsistent with the United States Constitution. Thus it is
    possible for individuals and groups to challenge the
    constitutionality of legislation passed by Congress or by a state
    legislature in the courts of the United States.

\[**PowerPoint 13.9 Article III of the United States Constitution.\]**

-   It should be noted that Congress has \"ordained and established\" a
    number of \"inferior\" courts.

\[**PowerPoint 13.10** **Typical hierarchy of courts.\]**

## State Courts

-   Each **state** has a **judicial system** and as one might expect
    they vary from state to state. In general each system has (1) a
    number of trial courts; (2) several appellate courts which hear
    appeals from the trial courts; and (3) one Supreme Court which hears
    appeals from the appellate court.

-   In some states there are \"municipal courts\" which are similar to
    the trial courts only usually limited to hearing minor civil and
    criminal cases only. Appeal from municipal courts is to the state
    courts.

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**Objective 13.4 Describe the types of policies used by each branch of
government to carry out its mission as well as those policies that
control or govern it in doing so.**

**Requirements:**

The students should refer to *Black\'s Law Dictionary* to look up the
definitions of terms to be discussed during this Objective. This will
serve two purposes: (1) It will expose the students to the use of
Black\'s Law Dictionary, the premier reference for planners,
administrators, regulators and others to define legal terms, and (2) it
will expose the students to the context within which these terms are
often used.

The Objective is to be presented as lecture, supported by PowerPoint
slides and class discussion.

The following PowerPoint slides will be used during this Objective:

**PowerPoint 13.11** Excerpt of the U.S. Constitution

**PowerPoint 13.12** Excerpt of the Disaster Mitigation Act of 2000

**PowerPoint 13.13** Excerpt of the Disaster Mitigation Act of 2000
authorizing the Director of FEMA to promulgate rules

**PowerPoint 13.14** Excerpt of the Rules promulgated by the Director of
FEMA under the authority of the Disaster Mitigation Act of 2000

**PowerPoint 13.15** State and Local Mitigation Planning How to Guide

**Remarks:**

# [Types of Policy]{.underline}

-   [**Constitution**:]{.underline}

> *\"The fundamental and organic law of a nation or state, establishing
> the conception, character, and organization of its government, as well
> as prescribing the extent of its sovereign power and the manner of its
> exercise.\"*
>
> (*Black\'s Law Dictionary, Seventh Edition)*

-   For the purposes of this course, the most important concept
    expressed in this definition is that a constitution prescribes the
    extent of the sovereign power of a government.

    -   That is, the power of the government to act is at the same time
        described and limited by the constitution.

\[**PowerPoint 13.11** **Excerpt of the U.S. Constitution\]**

-   **[Statute:]{.underline}** A statute is simply a law passed by a
    legislative body.

    -   The constitution will prescribe the substantive boundaries
        within which the legislative body may act (see Article I of the
        U.S. Constitution) and may also prescribe the procedure by which
        legislation is adopted.

    -   At the local level a law passed by the legislative body is
        usually called an ordinance rather than a statute.

> \[**PowerPoint 13.12** **Excerpt of the Disaster Mitigation Act of
> 2000\]**

-   **[Regulation]{.underline}:**

\"A rule or order, having legal force, issued by an administrative
agency or a local government.\"

> *(Black\'s Law Dictionary Seventh Edition)*

-   Legislative bodies frequently authorize agencies of the executive
    branch to promulgate regulations which explicate or provide detail
    of how a particular statute is to operate.

    -   *For example*, when Congress adopted the Disaster Mitigation Act
        of 2000 it authorized the Director of the Federal Emergency
        Management Agency, the Agency charged with the responsibility of
        executing that statute, to issue regulations spelling out how
        the law is going to be administered.

-   It is very important to understand that these rules and
    regulations\-- once properly promulgated \-- have the force of law.

> \[**PowerPoint 13.13** **Excerpt of the Disaster Mitigation Act of
> 2000 authorizing the Director of FEMA to promulgate rules**\]
>
> \[**PowerPoint 13.14** **Excerpt of the Rules promulgated by the
> Director of FEMA under the authority of the Disaster Mitigation Act of
> 2000\]**

[**Judicial Decision**:]{.underline}

-   Even though legislative bodies and their staff people spend a great
    deal of time drafting statutes and executive agencies spend a great
    deal of time drafting rules and regulations, the precise meaning of
    the statute or the rule may be variously interpreted, and subject to
    dispute. The courts may then become the arbiter of the dispute.

-   Judicial decisions are binding on the agency charged with
    administrating the regulation at issue. The full meaning of a
    statute or regulation is therefore determined by court decision.

[**Guidance**:]{.underline}

-   Guidance is a term used to describe the myriad publications
    distributed by an executive agency that explain the agency and its
    operations. These publications do not have the force of law but
    depending on their nature may be almost as important as rules and
    regulations because they explain what the agency's expectations are.

> **\[PowerPoint 13.15 State and Local Mitigation Planning How to
> Guide\]**

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**Objective 13.5 Describe the geographic and substantive jurisdictions
in which these policies operate.**

**Requirements:**

The content should be presented as lecture with class discussion.

**Remarks:**

## Jurisdiction

-   The term \"jurisdiction\" in its most broad sense defines the extent
    of authority; the \"dimensions\" of the law.

-   For the purposes of this course it is important for the student to
    recognize that there are two \"dimensions\": geographic and
    substantive.

    -   **Geographic jurisdiction** describes the physical range or area
        where a law applies.

        -   *For example*, the geographic jurisdiction of the Internal
            Revenue Code is the United States;

        -   the geographic dimension of the criminal statutes of North
            Carolina is the State of North Carolina;

        -   the geographic jurisdiction of a local Flood Damage
            Prevention Ordinance is described by the corporate limits of
            that local government.

    -   **Substantive jurisdiction** defines the types of activity a
        government or agency may address. As we have already seen, this
        definition appears in the constitution of the national and state
        governments, and in legislation empowering executive agencies
        and in state legislation empowering local governments.

        -   **Geographic jurisdiction** describes **where** a government
            or agency may act.

        -   **Substantive jurisdiction** describes the **content** of
            the action; what a government or agency may do.

**Student/Instructor Interactivity**:

If the instructor has asked the students to bring in examples of various
types of policy, the students should now describe the policy in terms of
its type, its relationship with other types of policy, its
jurisdictions.

Alternatively, the instructor may wish to ask the students to imagine
their first day in a new job in a government agency, and ask them to
describe how the information that they have gained from this session
might help them to navigate the agency and their duties.

For instance, it would be helpful to have reviewed the relevant
statutes, rules and regulations, and guidances, and figured out the
geographic and substantive jurisdictions of the agency.

**Course Developer References:**

Burns, Peltason, Cronin, Magelby, O\'Brien and Light, 2004. *Government
by the People: National, State, and Local.* Englewood Cliffs, NJ:
Prentice-Hall, Inc.

*Black's Law Dictionary*.