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Splash Screen. Chapter Focus Section 1 State Constitutions Section 2 The Three Branches Section 3 State Government Policy Section 4 Financing State Government Chapter Assessment. Contents. Why It’s Important. Chapter Objectives.
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Chapter Focus Section 1 State Constitutions Section 2 The Three Branches Section 3 State Government Policy Section 4 Financing State Government Chapter Assessment Contents
Chapter Objectives • State Constitutions Explain the importance and functions of state constitutions. • The Three Branches Discuss the organization and functions of the three branches of state governments. • State Government Policy Analyze ways in which state governments write and enforce public policy. • Financing State Government Identify and evaluate various sources of state revenue. Chapter Objectives
State Constitutions • Key Terms • initiative, constitutional convention, constitutional commission • Find Out • • What are the four most important functions of state constitutions? • • What are the basic common characteristics of state constitutions? Section 1 Introduction-1
State Constitutions • Understanding Concepts • FederalismWhy are state constitutions lengthy documents compared to the nation’s Constitution? • Section Objective • Explain the importance and functions of state constitutions. Section 1 Introduction-2
California is perhaps the state that is best known for a provision found in many state constitutions—proposing constitutional amendments by popular initiative. During the 1990s, California voters passed several amendments that stirred public interest across the nation. One notable example was Proposition 209, a popular initiative passed by the voters in 1997 by a margin of 54 to 46 percent. Proposition 209 ended the state’s affirmative action program in education, hiring, and the awarding of government contracts. Section 1-1
I. Importance of Constitutions (pages 637–638) • A. State constitutions create the structure of state governments. • B. State constitutions establish local governments, such as counties, townships, municipalities, special districts, parishes, and boroughs. • C. State constitutions regulate how state and local governments can raise and spend money. • D. State constitutions establish independent state agencies, boards, and commissions. Section 1-2
I. Importance of Constitutions (pages 637–638) Which do you think should have more power to make decisions about local matters, state government or local government? Answers will vary. Students should understand that local governments are creations of the states. Section 1-3
II. Constitutional Characteristics (page 638) • A. All state constitutions have a bill of rights, with most of the protections as in the Bill of Rights in the Constitution of the United States, and many states also guarantee other rights. • B. Many state constitutions have become long documents as a result of additions made over the years. • C. Long state constitutions are filled with detailed, specific provisions, often reflecting special interest politics. Section 1-4
II. Constitutional Characteristics (page 638) Do you think a state constitution should have many or few detailed provisions? Explain. Answers will vary. For discussion of state constitutions see text page 638. Section 1-5
III. Amendments and Changes (pages 639–640) • A. Some state constitutions have a great number of amendments. • B. Constitutions of the 50 states provide four different methods of proposing amendments. • 1. The most common method of proposing amendments is by the state legislatures. • a. Eighteen states also allow the people to propose amendments by popular initiative. • b. Somestatesallowastateconstitutionalconvention to propose amendments. • c. Some states use a constitutional commission to propose amendments. Section 1-6
III. Amendments and Changes (pages 639–640) • C. All states except Delaware require ratification of amendments by popular vote; most require a simple majority vote. When voters rather than the legislature vote on an issue, it is called a referendum. Section 1-7
III. Amendments and Changes (pages 639–640) What provisions would you like to see in your state constitution? Students should address issues or conditions that have lasting significance. Section 1-8
IV. Criticism and Reform (page 640) • A. Over the years, critics have charged that state constitutions are too long and filled with needless detail. • B. In order to replace existing state constitutions, most states require a constitutional convention. • C. In most states, the legislature proposes the convention, which the voters must approve, and then voters, in a new election, choose delegates to write a new document or propose changes to the existing constitution. • D. During the 1980s, more state judges began to interpret state constitutions independently of the Constitution of the United States. Section 1-9
IV. Criticism and Reform (page 640) Do you think state judges should interpret state constitutions independently of the United States Constitution? Explain. Students should be aware that judicial review at the state level must not violate the national constitution. Section 1-10
Checking for Understanding • 1. Main Idea Use a graphic organizer like the one below to identify the purposes served by state constitutions. • create structure of state government, establish types of local government, regulate how state and local governments spend money, establish state bureaucracy Section 1 Assessment-1
Checking for Understanding • 2. Define initiative, constitutional convention, constitutional commission. • An initiative is a method by which citizens propose a constitutional amendment or a law. • A constitutional convention is a gathering of citizens elected to consider changing or replacing a constitution. • A constitutional commission is a group of experts appointed to study a state constitution and recommend changes. Section 1 Assessment-2
Checking for Understanding • 3. Identify state constitution. • A state constitution creates and outlines the structure of state government. Section 1 Assessment-3
Checking for Understanding • 4. In what ways are most state constitutions alike? • They separate power into three branches, have a bill of rights, and include much specific detail. Section 1 Assessment-4
Checking for Understanding • 5. Why are state constitutions amended more frequently than the federal Constitution? • Because state constitutions are more detailed and deal with more immediate and specific concerns, they go out of date more quickly, requiring further amendments. Section 1 Assessment-5
Critical Thinking • 6. Identifying Central Issues Why do you think so many amendments to state constitutions have been adopted, when the people have been reluctant to approve of constitutional conventions for reform? • Students might suggest that people may fear major changes that would come with a new constitution, preferring to revise the old one. Section 1 Assessment-6
Federalism Many state constitutions contain historic provisions that are no longer applicable, such as a tax to help veterans of the Civil War. Examine your state constitution. Identify provisions in the constitution that may no longer be applicable. Do you think that states should take the time to eliminate these provisions? Why? Section 1 Concepts in Action
The Three Branches • Key Terms • bicameral, lieutenant governor, plurality, item veto, civil case, criminal case • Find Out • • How do state legislatures and governors work together to pass laws and carry out policies that affect citizens of a state? • • How do states differ in their methods of selecting qualified people to serve as judges? Section 2 Introduction-1
The Three Branches • Understanding Concepts • Separation of PowersHow does the principle of separation of powers in state government compare with that of the federal government? • Section Objective • Discuss the organization and functions of the three branches of state governments. Section 2 Introduction-2
Seven sitting governors have been elected president: Rutherford B. Hayes (Ohio), Grover Cleveland (Ohio), William McKinley (Ohio), Woodrow Wilson (New Jersey), Franklin Roosevelt (New York), Bill Clinton (Arkansas), and George W. Bush (Texas). Section 2-1
I. The Legislative Branch (pages 641–642) • A. The state legislature passes laws. • B. Members of state legislatures are elected from legislative districts. Qualifications for members are outlined in state constitutions. • C. Many state legislators work part-time in other fields. • D. Most state legislatures: • 1) are bicameral, • 2) hold annual sessions, and • 3) conduct business through committees. Section 2-2
I. The Legislative Branch (pages 641–642) • E. Many bills originate in the executive branch of state government. • F. A bill begins in either house of the state legislature and is debated and voted on. The governor vetoes or signs passed bills. Section 2-3
I. The Legislative Branch (pages 641–642) If you had the power to do so, how might you adjust the qualifications for members of your state legislature? Answers will vary. Students should know the qualifications for their own state. Section 2-4
II. The Executive Branch (pages 643–645) • A. The governor heads the executive branch of the state government. • B. State constitutions outline qualifications of the governor. • C. A governor generally must be nominated by a major political party and win the general election. • D. Most governors serve four-year terms. In 18 states, governors and other officials can be removed from office by a recall. Section 2-5
II. The Executive Branch (pages 643–645) • E. The governor proposes and signs laws, represents the state to foreign businesses, is his or her party’s state leader, and works to obtain federal grants. • F. Most governors prepare the state budget and are commander in chief of the state National Guard. • G. Since 1965, most states have given governors greater executive power. Section 2-6
II. The Executive Branch (pages 643–645) • H. Governors • 1) supervise the executive branch of the state government, • 2) propose legislation, • 3) veto bills, • 4) call special sessions of the state legislature, and • 5) have limited power over the state court system. • I. Most states elect other members of the executive branch. Section 2-7
II. The Executive Branch (pages 643–645) In which role does the governor of your state perform best? Explain. Answers will vary. Roles include executive, legislator, party leader, state spokesperson. Section 2-8
III. The Judicial Branch (pages 646–647) • A. State courts interpret and apply state and local laws to civil and criminal cases. • B. The justice court performs marriages and handles minor civil and criminal cases. • C. Municipal courts, police courts, or magistrate courts handle cases of petty crime or property disputes. Other minor courts include small claims court, juvenile court, domestic relations court, traffic court, and probate court. Section 2-9
III. The Judicial Branch (pages 646–647) • D. State general trial courts hear cases involving serious crimes. • E. State appeals courts review cases of lower courts. • F. A state supreme court is the court of final appeal. • G. Judges may be removed from office. Section 2-10
III. The Judicial Branch (pages 646–647) What do you think is a good reason to remove a judge from office? Why? Answers will vary. See Removal of Judges on text page 647. Section 2-11
Checking for Understanding • 1. Main Idea Use a graphic organizer like the one below to show how the roles of president and governor differ in at least two ways. • Answers might include: president—makes foreign policy, does not have line-item veto; governor—does not make foreign policy, has line-item veto Section 2 Assessment-1
Checking for Understanding • A. when the state brings charges against a citizen for violating the law • B. the power to turn down particular items in a bill without vetoing the entire bill • C. the presiding officer of the upper house in some state legislatures • D. usually involves a dispute between two or more private individuals or organizations • E. the largest number of votes in an election • F. two-house legislative body Match the term with the correct definition. • ___ bicameral • ___ lieutenant governor • ___ plurality • ___ item veto • ___ civil case • ___ criminal case • F • C • E • B • D • A Section 2 Assessment-2
Checking for Understanding • 3. Identify National Guard, attorney general, secretary of state, Missouri Plan. • The National Guard is a state militia that serves under the governor’s control. • The attorney general supervises the legal activities of all state agencies, gives legal advice to the governor, and acts as a lawyer for the state in cases in which it is involved. • The secretary of state is the chief secretary or clerk of state government. • The Missouri Plan is a selection process for judges that combines appointment by the governor and popular election. Section 2 Assessment-3
Checking for Understanding • 4. Why do some people question the wisdom of electing state court judges? • They question whether people are informed enough to elect judges, and they fear political influences upon judges who are elected. Section 2 Assessment-4
Critical Thinking • 5. Making Comparisons How is the path a bill takes to become a law similar in a state legislature and the national Congress? • The bill is introduced by legislators, sent to a committee, reported back to the house, passed by both houses, and signed by the chief executive. A conference committee may resolve differences and the legislature may pass a bill over an executive veto by a two-thirds majority vote in both houses. Section 2 Assessment-5
Separation of Powers Look through local newspapers and find articles about the governor of your state. For each article, describe what role or roles your governor is playing. Attach your article and role description on a class bulletin-board display titled “The Roles of the Governor.” Section 2 Concepts in Action
State Government Policy • Key Terms • corporate charter, public utility, workers’ compensation, unemployment compensation, conservation, mandatory sentencing, victim compensation, extradition, parole, shock probation, shock incarceration, house arrest • Find Out • • What are four major objectives of state economic policy? • • Why does each state have its own criminal laws? Section 3 Introduction-1
State Government Policy • Understanding Concepts • Public PolicyWhat are the major areas in which states write and enforce public policy? • Section Objective • Analyze ways in which state governments write and enforce public policy. Section 3 Introduction-2
The natural ability of each state to deal with individual issues that affect it was foreseen by the Founders. As described by Justice Louis D. Brandeis in a dissenting opinion of New State Ice Co. v. Liebmann (1932): “It is one of the happy incidents of the federal system that a single, courageous State may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” Section 3-1
I. State Regulation of Business (pages 648–650) • A. Business corporations must have a charter issued by a state government. • B. Federal and state governments regulate giant corporations. • C. States have laws to protect consumers from unfair practices and to protect the health and safety of workers. • D. State governments provide workers’ compensation. • E. Workers in all states have the right to belong to labor unions. • F. State governments try to attract new business and industry. Section 3-2
I. State Regulation of Business (pages 648–650) If you were governor of your state, what kinds of industry would you attempt to attract to your state? Why? Answers will vary. Students should support their suggestions with logical reasons. Section 3-3