By J. Senyonjo
Federal (Central) Government Responsibilities - General Principles
State and local Responsibilities - General Principles
Proposed Federal Constitutional Provisions
Uniform level of Social Services
Conflicts of Interest
The Independence of State Elected Officials
State Appointees and Bureaucrats
The State and Local Police forces
Federal Law enforcement and Interstate Crime
Conflicts between states
Trial of Crimes
Immunities and Privileges
Protection of States
Oath to protect the Constitution
States role in the Amendment of the National Constitution
Disparities or economic Imbalances among States
The Spending Power
Treasury / Exchequer Board
States’ Political Representation at the Federal level
1- The Federal government specifically the Central Bank, with some input from the Ministry of Finance (Secretary of Treasury in the United States) should be in charge of administering Federal Fiscal and Monetary policy.
2- The Central Bank will be in charge of setting banking rules, setting lending policies, reserve requirements, and overall supervision of the Banks throughout the country and in all the states.
3-The federal government under the leadership of the President will be responsible for the overall health of the nation's economy through Fiscal and Monetary policy (including articulation of Federal taxation and spending levels) Trade regulation, negotiation of treaties with foreign countries etc..4- A directly elected President as the Chief Executive Officer of the country will set the overall national economic agenda in accordance with his promises to the people that elected him and will use his political skills to see that his or her agenda is approved and implemented by Parliament.
5- The Parliament's role will be to debate national economic policies, approve or amend them, introduce new bills (to be signed by the President) and review the budget (spending allocations) and authorize disbursing of funds to the states. The President may veto the parliament, but a two-thirds majority in parliament can overcome his veto.6- The different national ministries (departments in the United States) will be responsible for administering and implementing policies and national priorities on behalf of the Federal government. The ministries will set minimum national standards and guidelines which all states will be required to meet. Otherwise, the ministries will not have the power to overturn state policies.
7- The Central government will be responsible for ensuring that gross disparities among states are addressed through grants and technical assistance to the affected states.8- The Attorney General will ensure that Federal laws are enforced uniformly throughout the nation. The Attorney General and the national investigative police agency such as the Federal Bureau of Investigations will be in charge of investigating corruption and other abuse of office at state and local level (to circumvent any influence that corrupt local officials may have on the local police and other local officials). These two institutions will play the same role at the Federal level. The trial of culprits will be conducted at the local level by state courts, or local federal courts.
9- The Federal government and parliament must ensure that federal parliamentary representation is fair and representative of the populations of the different states.
10- The Federal government role will be mainly of coordination, setting national standards, investing through state grants in such national priorities such as interstate infrastructure, science, technology, education and vocational training (within the states, state governments will be play the major role, the federal government will supplement their efforts).11- The Supreme court will be the final arbiter of legal disputes in the land, but no case will go the Supreme Court until it has been reviewed and litigated upon by the lower courts. However, the Supreme court, or other federal courts may hear national constitutional issues or cases against the Federal government that do not lie in the jurisdiction of state courts.
Cases against the state or local governments will be heard in state and local courts first.
12- The Federal government will be in charge of the Postal system and its rates.
"Everything capable of being done by the smaller community should not be done by the larger." This means that state level like the federal level will act in the same role in as much as possible to lower local levels as the Federal government to the state level.1- The state will set statewide economic priorities and policies, raise statewide funds and redistribute them to local governments such as districts and cities to implement development initiatives such as building roads etc. The state will ensure that disparities in basic infrastructure statewide are addressed. The state will be responsible for inter-district infrastructure and will set statewide economy, education, and development standards.
2- State and local government will be in charge of in state Public transportation systems and their maintenance. And will set toll rates. The federal government will partner will supplement state public transportation budgets where necessary.3- The state and local government will have Financial controllers (Chief Financial Officers) who will be responsible for public accounts. All transfers of resources to the lower levels of government will be accounted for and checked against the state or local government's revenue and budgetary allocations. The Controllers (and the state assemblies) will be responsible for ensuring that the procurement systems are transparent. (The Minister of Finance and the Justice department (under the Attorney General) will be responsible for this role at the Federal level.
4- Overall state elected officials and governments will be responsible for designing policies that ensure the economic vitality of their states. They will be in charge (with the help of the federal government if necessary) of setting up industries such as tourism, seeking investors to exploit their natural resources, educating their people, and generally promoting their states through conducive policies.5- The state's top elected official, the governor (or whatever name he shall be called) will be responsible for the state's overall economic health and policies. The state assemblies will review the governor's proposals, pass bills or veto them and vice versa. The state's MPs will be responsible for articulating the needs of their localities (counties in the state assembly and ensuring that they are addressed. The local elected officials will ultimately be in charge of project implementation and realization. There shall be no overdue dependency on the central government.
6- State and local governments will have the ability to raise taxes for which accountability will be strictly required.7- The state and local governments will have the power to hire and fire their officials without interference from the central government.
8- The states and local governments will have the freedom to hire personnel for their local administration from any part of Uganda, or any other state.
Federal Government shall have Jurisdiction over:1. National defense
2. Foreign Policy
3. Regulation of international and Interstate commerce
4. Immigration and Naturalization
5. Monetary Policy
6. Printing and coining money
7. National Postal services
8. Creation of courts
9. Lakes and Rivers
10. National Landmarks and National Parks
11. Coordination and setting of minimum national standards and priorities
12. Federal Taxes
13. Personal Income (concurrent)*
14. Corporate (concurrent)
15. Excise (concurrent)
16. Customs (exclusive)
17. Import and Export duties
18. Other duties as may be determined by the legislature
*Concurrent taxes are those that will be raised by both the federal and State governmentsStates shall have
Jurisdiction over:1. Education
2. Transport, infrastructure
3. Social Services*
4. Health, safety, welfare and Environment*
5. Economic development
7. Police within state boundaries
8. State militias (concurrent)
* The Federal (central) government shall set national standards for social services, Health, welfare and the environment, but the states will be responsible for implementation. The government shall provide grants and technical assistance, where necessary, to enable the states to maintain or to meet national objectives for key services.Uniform level of Social Services
The federal government shall, ensure through spending and legislation that the level of Social Services for the poor including healthcare, welfare and unemployment benefits is uniform in all the states.Social Services shall be equalized to take into account incomes and the costs of living in the various states.
1. Personal Income (concurrent)
2. Corporate Income (concurrent)
5. Various duties, or licensing fees as may be specified by law
In order to engender trust between the Federal government and State economic relations:All state and district budgets, allocations and expenditures shall be published and made available to the public for examination. The state departments and governments shall be subject to State and Federal Audits at least once a year: one federal and one state. State governors shall address state residents once at the beginning of each year to highlight the past years achievements, explain failures and challenges, and point to the next year priorities.
The State Controllers shall be independent elected officials who shall be in charge of state budgets, auditing state accounts and explaining the allocation and use of state revenues. The State Controllers shall read State budgets to the legislature and the media once a year, and shall give a monthly account of the state’s financial condition to a finance committee within the state legislature and to the governor.The federal government shall have its own accountability mechanisms, which we should address when we address the Presidency, National Legislature and the Judiciary. State Officials shall strictly adhere to Conflict of Interest regulations as determined by both the National and State legislature, and shall be subject to censure and removal from office for violating them.
A state court shall interpret laws and decide cases on the basis of the National constitution, the state constitution, and other state laws and statutes.Conflicts between states (part of Article III, U.S. Constitution)
The Supreme Court, or Federal courts shall, where necessary, adjudicate on controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.Trial of Crimes (part of Article III, U.S. Constitution)
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the national legislature may by law have directed.Unspecified Powers (borrowed from the X amendment, U.S. Constitution)
Powers not delegated to the Federal government (Central government) by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.Relationships between States (parts borrowed from Article IV, U.S. Constitution)
Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.Extradition
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
The state militias shall be professional and shall report to both the Federal and State governments.There shall be a bureau in charge of administering state militias’ affairs at the federal level. This bureau shall be in charge of procuring state militias’ military equipment, as approved by the National legislature.
The States shall select the officers of the state militias while the professional standards of state militia officers, the size of the militia forces, and the nature of their weapons shall be determined by the Joint Chiefs of Staff of the Army, Marines and the Air force, subject to approval of the National legislature.The officers appointed by the states shall be responsible for recruiting state citizens into the militias. National army officers shall supervise training of the state militias.
Equalization transfers to the qualifying states shall be unconditional; the qualifying states shall use them for their priorities as determined by their legislatures.The Spending Power
The National legislature shall use grants and any other instruments as may be established by law to assist states to provide services, or to effect National objectives and standards.The State legislatures and administrators shall be responsible for implementing Federal policies and objectives, in consultation with national ministries or agencies.
A State, through its legislature, may opt out of a federal grant program provided it meets the minimum national standard of the objective of the grant, or shows a clear plan and timetable of achieving the same without federal aid.The National legislature’s power to initiate cost-sharing programs involving conditional grants in areas within states’ jurisdiction shall require both a broad national consensus and per capita reimbursement by the federal government of the people (not the government) of a state whose legislature decides not to participate.
a) Examining state economic imbalances, and recommending adjustments to national equalization formulas to take into account changing realitiesb) Examining the impact of federal spending policies on states, with a view of maintaining fairness and economic competitiveness of the states. 2-The board shall be an advisory body only, with no implementation powers. Its recommendations shall be debated by the National legislature. The legislature shall then vote to adopt, alter, or reject the board’s recommendations.
3- The Exchequer board shall consult with elected state officials before making recommendations to the National legislature.The governors of all the states in the federation shall constitute among themselves an association that shall present states’ concerns to the Exchequer board.
2- The Senate where two senators will represent each state.