State Government: Overview of State Constitutions, Legislatures, and Governors

1. State Government VHSG: US GOVERNMENT & POLITICS Week 10 Nov 7 – Nov 12, 2016

2. Upcoming Assignments

3. Overview of Week 10 In the book, Chapters 46-50

5. Current Lesson State ConstitutionsLesson 46

6. Article IV of the U.S. Constitution “The United States shall guarantee to every state in this union a republican form of government…” Definition: …a form of government in which power resides in elected individuals representing the citizen body and government leaders exercise power according tothe rule of law (“A government of laws, not of men”): a government which excludes a monarch and which the government and officials are subject to limits on power. This government is defined and described in each State’s own Constitution.

7. Themes • Federalism   • Sharing power, revenue, and services • Structure of local and state governments. • Popular Sovereignty •  Direct Democracy: recall, initiative, and referendum. • Separation of Powers • Power among local and state governments • Current leaders • Checks and Balances • Power in the local branches of government.

8. State Constitutions • create state governments and establish the legislative, executive, and judicial branches. • establish local governments. • regulate how state and local governments can raise and spend money. • establish independent state agencies, boards, and commissions.

9. State Constitutions • A state’s constitution is the supreme law of that state. It cannot be enforced in other states and cannot conflict with the Constitution of the United States. • All state constitutions have a bill of rights and many states also guarantee other rights.

12. Current Lesson State LegislaturesLesson 47

16. Most are patterned after the US Congress: 49 state legislatures are bicameral bodies, composed of a lower house (Assembly, General Assembly, State Assembly, House of Delegates, or House of Representatives) and an upper house (Senate). The Nebraska Legislature is the lone unicameral body. The responsibilities and terms of the two houses are generally likewise patterned.

17. The duties of the State Legislatures are spelled out inthe State Constitutionand reflect the Federalism model.

18. Congress & Constitution (1789) • Sources of Power: How Should Congress Be Elected? • Lower house: popularly elected • Upper house: sent by state legislatures • Powers of Congress • Does Congress elect President? • No, Electoral College does • Yes, when no candidate receives a majority votes in the College

19. United States senators have been elected directly by voters since 1913. Article I, section 3 of the Constitution states that US Senators would be chosen by State Legislatures. In the mid-1850s, however, the state legislature selection process began to fail due to political infighting and corruption. Often Senate seats were left vacant for long periods of time while state legislatures debated who to send to the Senate. The drive for reform began as early as 1826, when the direct election of senators was first suggested. In the 1870s, voters sent a petition to the House of Representatives for a popular election. Each year from 1893 to 1902 a constitutional amendment to elect senators by popular vote was proposed in Congress. The Senate resisted change despite experiencing continued problems such as disputed elections and frequent vacancies. Oregon was the first state to attempt direct election of senators. By 1912, as many as 29 states had some form of direct election of their senators. In order to achieve permanent reform, however, a constitutional amendment was required. In 1911 another constitutional amendment was proposed. After much debate, in the summer of 1912 the House passed the amendment, and sent it to the states for ratification. In 1913, Connecticut’s approval gave the Seventeenth Amendment the required three-fourths majority, and it was added to the Constitution. The following year marked the first time all senatorial elections were held by popular vote.

20. Thought Question Article I, section 3 of the Constitution. Why would the framers of the Constitution decide that state legislatures should choose Senators?

21. State Governments

23. State Legislatures Work: Managing the State Budget The State Legislature approves a state's budget and initiates tax legislation.

24. State Legislatures Work: Creating, Reviewing & Passing Legislation

25. State Legislatures Work: Authorizing Local Government

26. Current Lesson Controversial Legislative PrayersLesson 48

28. Based on the Greece v Gallowaydecision, State and Local legislatures May pray in a Christian-ledPrayer during legislative sessions.

29. Other Cases

30. Current Lesson State GovernorsLesson 49

31. Formal and Informal duties of the Governor • Formal- written into the state constitution • Commander in chief of state’s military and police • Proposes annual budget and oversees revenue • Recommends new laws • Can call special sessions of the legislature • Can Pardon criminals • Appoint heads of agencies • Directs State Education • Informal- come from customs or traditions not written in law, they are a major and an important part of the Governor’s duties • Spokesperson for state • Issues proclamations

32. Lieutenant Governor • Becomes governor if the governor dies, resigns or is impeached • Part of the executive branch • Main role is the legislative branch • Often serves as president of the Senate • Names committee officers and members • Assigns bills to committee

33. Current Lesson State Bureaucracies & CourtsLesson 50

34. State Bureaucracy a. Administration of a government chiefly through bureaus or departments staffed with nonelected officials. b. The departments and their officials as a group: promised to reorganize the federal bureaucracy. c. Management or administration marked by hierarchical authority among numerous offices and by fixed procedures: The new department head did not know much about bureaucracy.

38. State Judiciary Structure & Jurisdiction • Dual Court System • There are 50 state court systems • One federal court system • Each state has a state supreme court, though some do not actually use the term "supreme court."

40. State Courts • Lower courts include municipal courts, police courts, justices of the peace, and/or district magistrates. • The lowest courts in the state judicial hierarchy have limited jurisdiction in both civil & criminal cases. • Trial courts with general jurisdiction • Most cases of a relatively serious nature start here

41. State Courts • Intermediate appellate courts • Trial court decisions can be appealed here • State Supreme Court or Court of Appeals --This court occupies the top position in the state judiciary

42. Illinois (example)

43. Bonus How We Got Here

44. Duverger’s Law • In Winner-take-all primaries (like the Republican System), Duverger’s Law states that ultimately there will be two candidates. • The major political parties choose their own primary systems • A minor political party needs 5% in the national election to get the exposure in the NEXT election that is granted to the two major parties • Start out with multiple candidates and non-compulsory voting • Should voting be compulsory?

45. For example, a company with 5 departments of 100 employees each is given a choice of lunch catering. Department A votes first…. 80% of the department votes for one of these 6 popular restaurants. Not everyone is around when the vote is taken so each gets about 12 votes, give or take. The Steak and Shake is the most popular among these with 14 votes. But a group of people have been going to the Original Lebanese House since the company president catered in a meeting with their falafel, hummus, and baba ghanouj. They have also been collecting the tabs that come with the food to get points towards a free dinner. Those 15 people vote for this restaurant.

46. All of Department A’s 100 votes then go to the Original Lebanese House Restaurant. This happens with B Department, as well. C Department’s 100 votes go to Steak and Shake.D Department’s 100 votes go to McDonald’s.E Department’s 100 votes go to Burger King.

47. The Original Lebanese House ends up catering lunch for the company even though only maybe 35 people out of 500 employees really wanted it and more than 300 employees preferred a hamburger place.This is how a “winner-take-all” delegate system favors the minority.