Chapter 24: Governing the States

1. Chapter 24:Governing the States “The Constitution, in all of its provisions, looks to an indestructible Union, composed of indestructible States.” --Chief Justice Salmon P. Chase

2. Section 1:State Constitutions • The BIG Idea: • A State constitution is the supreme law of that State; it sets out how the State is governed.

3. A State constitution is the supreme law of that State, but still subordinate to the national Constitution. It sets out the way the State is governed. Each State constitution is based on popular sovereignty and limited government. Because of length, age, and numerous alterations, many State constitutions are in need of reform.

4. The First State Constitutions • The Second Continental Congress advised each of the new States to adopt • “such governments as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.” • Second Continental Congress

5. Because the first State constitutions came out of the same Revolutionary ferment, they shared many basic features. • Each proclaimed the principles: • Popular Sovereignty- asserts that the people are the source of any and all governmental power, and government can exist only with the consent of the governed. • Limited Government- government is restricted in what it can do, and each individual has rights that government cannot take away.

6. State Constitutions Today • 1. Basic Principles-In every state, the powers of government are divided among executive, legislative, and judicial branches. Each of these proclaim separation of powers and have the power of checks and balances. • 2. Protections of Civil Rights—Each State has a bill of rights, a listing of rights that individuals hold against the State and its officers and agencies. • 3. Governmental Structure—Every state constitution deals with the structure of government at both the State and the local levels. • 4. Governmental Powers and Processes– all State constitutions list the powers vested in the executive branch, the legislature, the courts, and the units of local government. • 5. Constitutional Change—Each state constitution sets out the means by which it may be revised or amended. Since constitutions are fundamental laws-laws of such basic and lasting importance, they cannot be changed as ordinary laws are changed. • 6. Miscellaneous Provisions—most begin with a preamble, which sets out the purposes of those who drafted and adopted the document

7. How to Propose Changes to a State Constitution: • 1.Proposal by a Convention—used most often to revise existing constitutions and to write new ones……every state legislature can call a constitutional convention….subject to voter approval. • 2. Proposal by a Legislature—most constitutional amendments are proposed by the legislature…process varies among states…..where it is simple, more amendments are proposed and adopted. • 3. Proposal by Initiative—a specified number of voters must sign a petition…..then proposal goes on the ballot….people approve or reject the amendment

8. Section 2:State Legislatures • The BIG Idea: • State legislatures, the lawmaking bodies of the States, are popularity elected and organized like Congress

9. The Legislature:Structure • The legislature is the lawmaking branch of the State government. Just over half the States call their lawmaking body the legislature. Other states call it the General Assembly, the Legislative Assembly, or the General Court. 49 of the 50 State legislatures are bicameral. The upper house is called the Senate everywhere. The lower house is referred to as the House of Representatives in most. Nebraska is the only State with a one-house legislature.

10. The State Legislatures: • 1. Qualifications-most States require their representatives to be 21 and their Senators to be 25. • 2. Election-chosen by popular vote…mostly, in November of even-numbered years • 3. Terms—Two-year or four-year terms • 4. Compensation—Set by each State • 5. Legislative Sessions—most now hold annual sessions

11. Powers of the Legislature • 1. Legislative Powers—can enact any law that does not conflict with any federal law or any provision in that State’s constitution……power to tax, spend, borrow, establish courts, define crimes and provide for their punishment, maintain public schools. • Every State’s legislature possess the police power- power to protect and promote public health, public safety, public morals, and the general welfare. • 2. Non-Legislative Powers—all 50 state legislatures possess certain nonlegislative powers in addition to those they exercise when they make law.

12. Organization • 1. The Presiding Officers—speaker is elected in the lower house….the senate chooses a leader in 25 states, while the other 25 allow the lieutenant governor serve as presiding officer in the senate • 2. The Committee System—Just like Congress, the members of state legislatures do most of their work in committees

13. The Legislative Process • 1. Sources of Bills—only members may introduce a bill in either house of a State Legislature…..bills come from numerous public sources • 2. Direct Legislation—voters taking a direct part in lawmaking • The Initiative-voters can propose amendments • The Referendum—a legislative measure is referred to the State’s voters for final approval

14. Section 3:The Governor and State Administration • The BIG Idea: • The governor, the chief executive of a State, is popularly elected, as are many other important State executive officers

15. The Governorship • Early governors were resented and not trusted because the royal governors of England had been cruel to colonists. Early constitutions gave strong power to state legislatures and little power to state governors…this soon proved to be a bad move…..as state constitutions were re-written and revised, the governor powers increased.

16. Qualifications of Governors • Formal Qualifications: citizen, of a certain age (25 or 30), lived in the State for a given period of time, and be a qualified voter • Informal Qualifications: attract a party’s nomination and attract votes from voters. • Selection: chosen by popular vote in every state • Term: 4 year terms except for New Hampshire and Vermont where they are elected for 2 year terms • Succession: every state’s constitution provides the order of succession • Removal: may be removed by impeachment…….in 18 states, the governor may be recalled by the voters—a petition process by which voters may remove an elected official from office before the completion of his term • Compensation: set by the legislatures of each state

17. Roles of the Governor • 1. Executive Powers—each state constitution sets out what a governor can and cannot do…..most duties include: Appointment and Removal, Supervisory Powers, Budget-Making Power, Military Powers • 2. Legislative Powers—biggest is the item veto power—may veto one or more items in a bill without rejecting the entire measure • 3. Judicial Powers—clemency-power of mercy that may be shown toward those convicted of a crime…commutation- reduce the sentence imposed by a court….pardon- release a person from the legal consequences of a crime….reprieve– postpones execution…..parole– allows the release of a prisoner short of completion of his term in prison

18. Other Executive Officers • 1. The Lieutenant Governor—seen as a stepping stone to the governor • 2. The Secretary of State—chief clerk and record keeper • 3. The State Treasurer—custodian of State funds….chief tax collector • 4. Attorney General—States chief lawyer

19. Section 4:In the Courtroom • The BIG Idea: • State courts apply the forms of law that make up the code of conduct by which our society is governed.

20. Kinds of Law Applied in State Courts • Law- is the code of conduct by which society is governed • Forms of Law: • 1. Constitutional Law-based on the Constitution • 2. Statutory Law—consists of statutes (laws) enacted by legislative bodies • 3. Administrative Law—rules, orders, and regulations issued under proper constitutional authority • 4. Common Law—is unwritten, judge made law that has developed over centuries from those generally accepted ideas or right and wrong • 5. Equity—supplements common law, provides “fairness, justice, and right”

21. Criminal and Civil Law • Criminal Law- offenses against the public order…..case is brought by the State against a person accused of committing a crime. • 2 kinds of Crimes: 1. felony—greater crime and may be punished by a heavy fine and/or imprisonment or even death 2. misdemeanor—is the lesser offense, punishable by a small fine and/or a short jail term. • Civil Law- relates to human conduct, to disputes between private parties, and to disputes between private parties and government not covered by criminal law. Civil cases are usually referred to as suits, or law suits

22. The Jury System • Jury– is a body of persons selected according to law who hear evidence and decide questions of fact in a court case. • There are two basic types of juries in the American legal system: • 1. The Grand Jury—has from 6-23 persons, majority rule…..deciding whether a case should carry forward…..is this person probably guilty……should a trial be held…..bringing an Indictment. • 2. The Petit Jury—hears evidence in a case and decides the disputed facts of the case…..12 jurors usually are on each case….most cases most be unanimous decisions by the jury…..some cases are decided by a bench trial- only decided by a judge

23. Section 5:The Courts and Their Judges • The BIG Idea: • Judges for State courts, who may be selected in several ways, hear cases ranging from the minor to the most serious.

24. Organization • 1. Justices of the Peace—lowest rung of the judicial ladder….preside over justice courts….not very many of these left in the US today…..popularly elected…..they try misdemeanors…..never cases involving more than a few hundred dollars…..they can issue a warrant- court order authorizing some official action…..search warrants or arrest warrants…..they can also preside over a preliminary hearing- the judge decides if the evidence is enough to hold that person for action by the grand jury. • 2. Magistrates’ Courts—city cousins of Justices of the Peace…..handle minor cases that arise in an urban setting.

25. Organization • 3. Municipal Courts—jurisdiction is city wide….they can hear civil cases involving several thousands of dollars as well as the usual run of misdemeanors. • 4. Juvenile Courts—minors who are arrested for some offense, or who otherwise come to the attention of the police may appear in juvenile courts…..this system emphasizes rehabilitation more than punishment • 5. General Trial Courts—most of the important civil and criminal cases heard in the US are heard in the States’ general trial courts……they execute original jurisdiction…..tried before a single judge • 6. Intermediate Appellate Courts—courts of appeal that stand between the trial courts and the State’s Supreme Court…..exercise appellate jurisdiction- cases on appeal only…no trial…..only hear arguments from lawyers

26. Organization • 7. The State Supreme Court—State’s highest court. Major function is to review the decisions of lower courts in the those cases that are appealed to it. Most states have 5 or 7 justices sit on the high bench…..led by a chief judge….governor appoints these judges in half our States…..voters elect elsewhere • 8. Unified Court Systems—organized on a functional or case type basis…..NOT GEOGRAPHY…..in other words, there is only one court per State, trial could be held anywhere in the State.

27. Selection of Judges • Chosen by one of 3 ways: • 1. by popular vote—most often used • 2. by appointment by the governor • 3. by appointment by the legislature—least often used • The Missouri Plan—the American Bar Association sponsors an approach the combines the election and appointment processes. Governor appoints based on a list of nominated persons from a nominating commission. Each judge serves a term and then must be voted on for retainment by the voters of the state

28. Chapter 25 • Local Government and Finance

29. Section 1:Counties, Towns, and Townships • The BIG Idea: • Forms of local government include counties, towns, townships, and special districts.

30. Counties • A county is a major unit of local government in most States. They are created by the state. In Louisiana, they are known as parishes. In Alaska, they are known as boroughs. • In the Midwest, counties are divided into subdivisions called townships.

31. Government Structure • County Governments typically have four major elements: • 1. A Governing Body • 2. Number of boards or commissions • 3. Appointed bureaucrats • 4. Variety of elected officials • The Governing Body is often called the County Board. These are popularly elected for terms that range between 2 and 8 years. The State constitution sets out what powers a county board has. The most important legislative powers deal with finance. They also supervise county roads, manage county property, such as the courthouse, jails, hospitals, and parks.

32. Functions of Counties • Because they are creations of the State, they are responsible for the administration of State laws. They also administer such county laws as the State’s constitution and legislature allow them to make. • The most common function is to keep the peace and maintain jails, assesses property for tax purposes, collect taxes, spend county funds, record deeds, mortgages, marriage licenses, and other documents.

33. Towns and Townships • Towns and Townships are commonly found from New England to the Middle West. • The New England Town—is the major unit of local government. Towns were established here shortly after the arrival of the Pilgrims. Main feature is the Town Meeting….which has been praised as the ideal vehicle of direct democracy….it is open to all the towns eligible voters….it meets yearly….discusses taxes and spending and other policy matters. • Townships—a subdivision of a county. They tend to be rural. They involve such matters as roads, cemeteries, drainage, and minor law enforcement.

34. Special Districts • A special district is an independent unit created to perform one or more related governmental functions at the local level. Found in every state. School District are by far the most widely found examples of special districts.

35. Section 2:Cities and Metropolitan Areas • The BIG Idea: • Once primarily rural, the United States’ population has become much more urban.

36. America’s Rural-Urban Shift • When the first census was taken in 1790, only 5.1% of the population lived in the nation’s few cities. • Today, more than 80% of the population live in the cities and surrounding suburbs. • This has put much more stress and importance on local governments.

37. Incorporation and Charters • Each state has complete authority over all the units of local government within its borders. • The process by which a State establishes a city as a legal body is called incorporation. Each state sets out the conditions and the procedures under which a community may become an independent municipality. It typically requires a minimum number of person to live in a given area before that takes place. • The charter is the city’s basic law, its constitution.

38. Forms of City Government • Each city has one of three forms of government: • 1. The Mayor-Council form is the oldest and still the most widely used type of city government. Requires an elected mayor as the chief executive and an elected council as its legislative body. • In a strong mayor government the mayor heads the city’s administration, usually has the veto power, can hire and fire employees, and prepares the budget. • In a weak mayor government the mayor has much less formal power, duties are shared with elected officials.

39. 3 Forms of City Government Cont. • 2. The Commission Form is simple in structure. Three to nine, but usually five, commissioners are popularly elected. Together, they form the city council, pass ordinances, and control the budget • 3. The Council-manager government is a modification of the mayor council form. Its main features are a strong council of usually 5 or 7 members, a weak mayor chosen by the voters, and a manager named by the council. The council is the city’s policymaking body…..the manager carries out the policies the council makes.

40. Suburbs and Metropolitan Areas • About half of all Americans live in suburbs today. The nation’s suburbs began to grow after WWII. The desire for more room, cheaper land, greater privacy, and less pollution led to people going to suburbs. • Metropolitan areas—cities and the areas around them.

41. Section 3:Providing Important Services • The BIG Idea: • State and local governments provide numerous expensive services for their citizens.

42. State Government’s Role • States have important responsibilities. Like the federal government, State governments generally aim to fulfill the lofty purposes set forward in the Preamble to the Constitution; that is, they seek to “establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the blessings of Liberty….”

43. State and Local Services • States provide services through two ways: directly, through State agencies and programs, and through the local units they establish. • 1. Education—one of the most important and expensive responsibilities that the States have assumed. Primary and Secondary education is largely the responsibility of the local governments. States provide much of the funding for schools. States also play a major role in public universities and colleges. • 2. Public Welfare—through a variety of means: • Public Health -run public hospitals and offer direct care to millions of people…….Medicare-provides medical care and some other health services to low income families • Cash Assistance – to the poor, commonly called welfare

44. Services Cont. • 3. Public Safety—city police, county sheriffs, and state police now protect the citizens of every state • Each state has its own corrections systems for those convicted of a crime. • 4. Highways—building and maintaining public roads and highways is a major job…..the federal government is a partner but most of the money comes from the state. • 5. Other Services—public land for conservation and recreation, regulating business practices, and protecting consumers.

45. Section 4:Financing State and Local Government • The BIG Idea: • States and local governments use taxes to collect the revenue that pays for services.

46. Limits on Raising Revenue • Federal Limitations—the Constitution does place some limits on the taxing abilities of the State and local governments: • 1. Interstate and Foreign Commerce—States are prohibited from taxing interstate and foreign commerce. • 2. The Federal Government and Its Agencies—States cannot tax the Federal Government or its agencies…McCulloch v. Maryland 1819 • 3. Fourteenth Amendment Limitations—involves Due Process and Equal Protection limits on the State

47. Sources of Revenue • 1. Sales Tax—is a tax placed on the sale of various commodities; the purchaser pays it. Gasoline, alcoholic beverages, cigarettes, and insurance policies are taxed in every State. Sales tax is a regressive tax, it is not levied according to a person’s ability to pay it. • 2. Income Tax- is levied on the income of individuals and corporations. Income tax is usually a progressive tax-the higher the income, the more tax you pay. • 3. The Property Tax-is a levy on real property, such as land, buildings, and improvements OR personal property. The process of determining the value of the property to be taxed is known as assessment. • 4. Inheritance and Estate Taxes- an inheritance tax is levied on the beneficiary’s share of an estate. An estate tax-is one levied on the full estate itself.

48. The Budget Process A Budget is a financial plan for the use of public money, personnel, and property. It is also a political document, a statement of public policy. 47 States now adopt the executive budget, which gives the governor two vital powers; 1) to prepare the State budget 2) to administer the funds the legislature appropriates. In most States the governor has the help of a budget agency, appointed by and answering to the governor.