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American Government Chapter 24

American Government Chapter 24. Governing the States. Section 1 State Constitutions. 5 Main Categories by which all State constitutions can be described 1. popular sovereignty & limited government 2. protections of civil rights 3. structure of state government

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American Government Chapter 24

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  1. American GovernmentChapter 24 Governing the States

  2. Section 1State Constitutions • 5 Main Categories by which all State constitutions can be described • 1. popular sovereignty & limited government • 2. protections of civil rights • 3. structure of state government • 4. powers of the branches of State government • 5. process of constitutional change

  3. Amending the State constitutions • Amendments can be proposed by: • 1. constitutional convention • 2. legislature • 3. voters • Amendments can be ratified by: • A vote of the people

  4. Statutory and Fundamental Law • Statutory laws • - laws passed by the legislature • Fundamental laws • - laws of basic and lasting importance that should be in a constitution

  5. Terms • Popular Sovereignty • - The people are the sole source of the government’s power • Limited Government • - Powers that the government has are limited • Initiative • - process by which voters sign a petition favoring a proposal

  6. Section 2State Legislatures • Formal qualifications for most states’ legislature • Age, citizenship, residence • Usual term for State legislators • 2 or 4 years

  7. The 8 most important legislative powers • 1. tax • 2. spend • 3. borrow • 4. police • 5. establish courts • 6. define crimes and provide punishment • 7. regulate commercial activities • 8. maintain public schools

  8. Non- legislative functions of state legislatures • 1. Approve Governor’s appointments • 2. Impeachment • 3. Constitution-making and amending

  9. Committee System in State legislatures • How does it work? • Laws are referred to committees for recommendation to full houses, similar to Congress

  10. Where do bills originate from? • All kinds of public and private sources • i.e. – MADD, SADD, etc.

  11. Terms • 1. Constituent Power • - constitution-making power • 2. Police Power • - State’s power to protect and promote public health, safety, morals, and welfare • 3. Referendum • - Process by which a legislature sends bills to the electorate for approval

  12. Section 3The Governor and State Administration • Powers of The Governor • Executive • 1. Appointment and removal of key assistants • 2. Supervise staffs of executive branch • 3. prepare and submit budget • 4. commander in chief of State National Guard

  13. Legislative • - 1. recommend legislation • - 2. call special sessions of legislature • - 3. veto bills • Judicial • - 1. commute • - 2. reprieve • - 3. pardon • - 4. parole

  14. Terms • Reprieve • - to postpone a sentence • Pardon • - Release a person of legal consequences of a crime • Parole • - Release a prisoner short of the completion of their sentence • Commutation • - to reduce a sentence

  15. Section 4In the Courtroom • Kinds of Laws in State Courts • 1. constitutional law • - body of law based on the U.S. and state constitutions and judicial interpretations of them • 2. statutory law • - body of law based on statutes enacted by legislative bodies

  16. Kinds of Laws cont. • 3. administrative law • - rules, orders, and regulations issued by executive branches of government • 4. common law • - the unwritten, judge-made law that has developed over the centuries • 5. equity • - body of law that provides remedies for wrongs before they occur

  17. Criminal and Civil Law • Two Kinds of Crimes • 1. felonies • - serious crimes • 2. misdemeanors • - lesser offenses • What is civil law? • Disputes between individuals and between individuals and governments

  18. Jury System • What does a grand jury do? • They determine whether the facts of a case warrant bringing a criminal case to trial • How have petit juries changed over the years? • They used to be all men (12) • Now they are men & women and may only be 6 in number • How are petit jury members chosen? • They are selected from various lists of citizens in a community

  19. Precedents & Common Law • What is a precedent and what part does it play in common law? • Following precedent is abiding by earlier court decisions as they have been handed down over the years by judges • Precedents create a body of law known as common law

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