Governing the States

1. Governing the States Chapter 24 Michigan Capitol Building in Lansing

2. State Constitutions • State Constitutions are the State’s Supreme Law of the Land • A States Constitution is superior to all State and local laws. • Each State Constitution is subordinate (below) the Constitution of the United States – Article VI, Section 2 – The Supremacy Clause. Approved on October 6 1835as it was becoming a State in 1837

3. State Constitutions • All State Constitutions consist of principles of popular sovereignty and limited government – government exists only with the consent of the people. • Each document has a Bill of Rights. • Each deals with powers of Executive, Legislative and Judicial branches and the units of local governments. • Each Constitution outlines how it can be amended. In some States, changes or laws are made through initiative: a method in which a certain number of qualified voters sign petitions in favor of a proposal. That proposal then goes to the ballot to be approved or rejected by the people.

4. Legislative Body • Each State has a legislative body that functions similar to that of the National Congress. • Each State sets the age for Congressional members (21-25). • Legislators are chosen by popular vote in every State. • Most States hold elections in November of even numbered years. • They serve 2-4 year terms depending on the State. • Sometimes a legislative measure is referred to the State’s voters for final approval or rejection. This process is called a referendum. Sometimes the people will demand through petition that a measure passed by the legislature be referred to them for final approval.

5. State Legislature Senate political groups Republican: 26 Democrat: 12 Senator: John Proos, Republican House of Representatives political groups Republican: 59 Democrat: 50 Independent: 1 House Member: Dave Pagel Republican

6. Executive Power - Governor Incumbent Rick Snyder - Republican since January 1, 2011 • Governors are popularly elected in each State. • Qualifications vary. In Michigan, the governor must be 30 and have lived in Michigan for 4 years. Can serve 2, four year terms. • In some States, the governor may be recalled. The recall is a petition in which voters remove an elected official from office before completion of term. If enough signatures, there is a special election held in which voters decide whether to recall the officeholder.

7. The State Courts • Each State Constitution creates a court system for the States. Types of Courts: Justices of the Peace: gradually disappearing. They were set up in rural areas. Today, people can more easily travel to the city, so they’ve become less common. JP’s try misdemeanors – petty offenses (ex: traffic violations, public drunkenness). Magistrate’s Courts: City cousins of JP’s. Handle minor civil complaints and misdemeanors. Like JP’s, magistrates are usually elected for short terms.

8. The State Courts More Types of Courts Municipal Courts: Found in most of the larger cities. Many times divided into divisions like civil, criminal, traffic, small claims. Hear the usual run of misdemeanors and civil cases. Juvenile Courts: Those under 18 are usually not always subject to the same laws. These courts hear their cases. Sometimes they send individuals to be tried in adult courts. General Trial Courts: Usually one or more per County. Most of the important cases are heard in these trial courts.

9. State Courts More Types of Courts Intermediate Appellate Courts: Stand between trial court and the State’s Supreme Court. They serve to ease the burden of the high court. They have appellate jurisdiction in most cases. The State Supreme Court: Hears cases appealed to it. Court of last resort and has final say in State law. Usually a State Supreme Court decision is final. The U.S. Supreme Court will only hear a case if there is a federal question and if they decide to hear the case.