Organization and Function of State Government

1. Organization and Function of State Government Unit 4 Town Hall Seminar

2. The Legislature • A legislature is a type of deliberative assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation or statutory law.

3. The Legislature • The federal system has two chambers, the Senate and the House of Representatives. These two chambers provide for the small states to have equal voice with the large states in the Senate chamber and provides for proportional representation of the citizenry in the House of Representatives. An additional feature of such a system is that it also represents an internal check against one chamber becoming corrupted by outside influences.

4. Make-up of Congress • Congress is the legislative branch of the American national government. It is one of the three branches making up our separation of power system. The powers of Congress are defined in Article I of the U.S. Constitution. Congress is made up of two coequal chambers: The U.S. Senate and the U.S. House of Representatives. There are 100 Senators, two from each State of the Union, and 435 Congressmen. The number 435 has been established by statute.

5. 111th CongressJan 2009 - Jan 2011 • Not only did the Democrats win the Presidency, they also increased their majorities in both Houses of Congress. As of August 2009, the 111th Congress had 258 Democrats and 178 Republicans with one vacancy. This is a gain of 24 seats. In the Senate, with two Independents voting with the Democrats, there were 60 Democrats and 40 Republicans. Republican Senator Ted Stevens lost narrowly in Alaska after he was convicted of campaign finance violations. The Senate seat in Wisconsin was not decided in favor of the Democrat Al Franken until June 30, 2009. Senator Joe Lieberman, now an Independent and who actively campaigned for John McCain, was allowed to remain within the Democratic Caucus and kept his chairmanship of the Homeland Security Committee. The Republicans lost nine Senate seats in the 2008 election.

6. Leadership Organization • House Leadership: Majority Party Speaker of the House Majority Leader Assistant Majority Leader Majority Whip Minority Party Minority Leader Assistant Minority Leader Minority Whip

7. Leadership Organization • Senate Leadership President of the Senate is the Vice President of U.S. President Pro Tempore--Senator of the Majority Party with Seniority Majority Leadership Senate Majority Leader Assistant Senate Majority Leader Senate Majority Whip Minority Leadership Senate Minority Leader Assistant Senate Minority Leader Senate Minority Whip

8. Legislatures are at the heart of a representative form of government Basic responsibilities of legislatures and legislators are: • Represent the people; pass laws; oversee public agencies and other branches of government. • In most states, legislators officially serve in less than a full-time capacity with a relatively low level of pay. • Large numbers of legislative staff members are needed to support the work of the elected members of the state legislature. • Retirement of a large group of experienced legislative staff presents a potential problem for legislatures that rely on staff to make the infrastructure of the state legislature work. • Scandal and ethics violations in state legislatures have eroded public confidence in the legislature as an institution because it adversely impacts all levels of government.

9. How State Government is Organized • Most states follows the classic pattern of American government, with three distinct branches: The Legislative Branch (the lawmakers), the Executive Branch (the Governor and State departments) and the Judicial Branch (the courts and the judges). Each branch is sovereign in its own area of responsibility, but it is also influenced by the checks and balances from the other branches.

10. Legislative Branch The legislature, which meets in regular session every year, is composed of two bodies: the House of Representatives with 150 members and the Senate with 30 members. Representatives and senators are elected to two-year terms. The legislature enacts the laws that govern the state. Laws so enacted must be approved by the governor. The legislature may override a governor’s veto by a two-thirds vote of both houses.

11. Executive Branch The elected officials of the Executive Branch are the Governor, Lieutenant Governor, Secretary of State, State Treasurer, Auditor of Accounts and Attorney General. Each official is elected to office for a term of two years. The governor functions as the chief executive officer overseeing all administrative departments of the executive branch.

12. Executive Branch The lines of authority within an executive branch agency or department start with an agency secretary or department commissioner, who is appointed by and responsible to the Governor, and who is responsible for the overall operation of an agency or department. The secretary or commissioner may be assisted by a deputy. A department is generally comprised of divisions each headed by a director. The divisions, in turn, are typically divided into sections headed by chiefs and may be further divided into units headed by supervisors.

13. Judicial Branch The judicial power of the state is vested in the Supreme Court, Superior Court, and such other courts as may be provided by law. The Supreme Court consists of one chief justice and four associate justices, who are appointed by the governor and confirmed by the legislature for six-year terms.

14. State Legislative Powers Who writes the state laws? The principal lawmaking powers of the state are vested in the legislature. Every year the legislature adopts thousands of new laws or changes in the law, in response to new situations and needs.

15. State Legislative Powers What restrictions are placed on state laws by the federal government? The subject matter of state laws is limited only by certain federal restrictions. When state and federal laws conflict or cover the same subject, federal laws often prevail, although state imposes stricter standards on environmental issues and firearms possession, for example. The U.S. Supreme Court has extended federal jurisdiction into areas such as civil and criminal rights, primarily on the basis of the Bill of Rights and the Fourteenth Amendment, which declares: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

16. State Legislative Powers What power does the state legislative have over local governments? The legislature has broad power over local governments. Counties, cities, regional agencies, and special districts may be created only in accordance with state law. When local ordinances and state laws conflict or cover the same subject, state laws generally prevail. The legislature controls public finances by levying taxes and appropriating funds

17. State Legislative Powers What is the relationship between the legislature and the state executive branch? As part of the system of checks and balances, the legislature has statutory influence over the funding, organization, and procedures used by administrative agencies of the executive branch. It also has the authority to appoint citizens to policy-making committees in the executive branch and to designate members of the legislature to serve on agency boards. Many appointments made by the governor are subject to legislative approval

18. State Legislative Powers What process does the legislature use when enacting bills? Drafting Introduction Policy Committee Fiscal Committee Second Reading Floor Vote Second House Concurrence or Conference Governor’s Action Overrides Effective Date

19. Question How does policy develop when the legislative branch is in stalemate and is unable or unwilling?

20. Question How are the people’s interests protected when a popular state governor is more powerful than the legislature that has been elected

21. South Carolina Republicans consider impeaching Mark Sanford Fifty-six Republican members of the South Carolina state House met Saturday in Myrtle Beach, and not a single one voiced support for embattled Republican Gov. Mark Sanford, numerous sources inside the meeting said. But despite a growing number of calls for his impeachment, few legislators expect that Sanford will be pressured from office.

22. Illinois Governor Charged in Scheme to Sell Obama’s Seat CHICAGO — The governor of Illinois brazenly put up for sale his appointment of Barack Obama’s successor in the United State Senate, federal prosecutors said. In recorded conversations with advisers, the governor, Rod R. Blagojevich, seemed alternately boastful, flip and spiteful about the Senate choice, which he crassly likened at one point to that of a sports agent shopping around a free agent for the steepest price, a federal affidavit showed.

23. Lobbyists “Lobbying” is the process of petitioning government to influence public policy. The right to petition government is one of the most treasured rights in democratic forms of government. Specifically recognized in the Magna Carta of 1215, the right to petition American government was repeatedly affirmed in colonial American treatises, the Declaration of Independence and post-revolutionary federal and state constitutions, including the Bill of Rights.

24. Question Can tougher ethics and legal standards for gifts and campaign contributions make a difference in ensuring there is no undue influence by lobbyists and their wealthy clients?

25. Lobbying Disclosure Act “The purpose of our lobbying laws is to tell the public who is being paid how much to lobby whom on what. That purpose is not being served under the status quo as we now see it.” -- Sen. Carl Levin, criticizing the prior Federal Regulation of Lobbying Act (1992)

26. Lobbying Disclosure Act Public Disclosure Lobbyists register with the Senate Office of Public Records in accordance with the Lobbying Disclosure Act (LDA). Lobbying and other records are available for public inspection.

27. FBI arrests former lobbyist in growing Abramoff case The FBI today arrested Kevin Ring, a former lobbyist, for his alleged role in the Jack Abramoff lobbying scandal. Justice Department officials said that the FBI arrested Ring this morning at his Maryland home. He is charged in a 10-count public-corruption indictment, the officials said. Ring is a former congressional staffer for Rep. John Doolittle (R-Ca.)

28. FBI arrests former lobbyist in growing Abramoff case The indictment charges Ring with conspiring with Abramoff and others to corrupt congressional and executive-branch officials by providing things of value to several public officials "to induce or reward those who took official actions benefiting Ring and his clients."

29. Questions

30. Sources http://faculty.ucc.edu/egh-damerow/congress.htm http://humanresources.vermont.gov/services/new_employee_orientation/government_organized http://www.guidetogov.org/ca/state/overview/legislative.html#2 http://www.politico.com/news/stories/0809/26581.html http://www.nytimes.com/2008/12/09/us/politics/10Illinois.html http://www.cleanupwashington.org/documents/LDAorigins.pdf