Transcript Chapter 12 – State Government

Chapter 12 – State Government
12.1 – The Federal System
12.2– The State Legislative Branch
12.3– The State Executive Branch
12.4 – The State Judicial Branch
The Constitution and Federalism
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The Constitution of the
United States creates a
system of government
known as federalism, where
the national government and
the states governments share
the power.
The writers of the
Constitution wanted to
ensure that no one level of
government could become
too powerful.
The Constitution and Federalism
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The Constitution protects the states in many ways
Each state is largely free to govern itself – “full faith and credit”
promotes cooperation
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Examples: The government cannot divide or split states in way, the states
have the right to maintain there own militias (National Guard), create
marriage/divorce laws, establish their education systems, etc.
The Constitution and Federalism
State/Federal
Governments
Share power
Constitution
Limits the
Power of
States
National Laws
Are the “Macho
Nacho Taco”
Federal System
Reserved
Powers are
Only for states
10th
“Full faith and
Credit” encourages
Cooperation
Concurrent
Powers are
Both (state/
federal)
Reserved Powers
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The 10th Amendment
gives states additional
powers
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“states may exercise all powers
not given to the federal
government or denied to the
states”…
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In other words, states can
reserve the right to control
certain things such as
marriage laws, education
and elections without
government interference.
Federal Supremacy
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The Constitution grants
concurrent (both)
powers to the federal and
state governments.
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Examples: imposing
income taxes,
borrowing/spending
money, establishing
courts,
enacting/enforcing laws.
Federal Supremacy
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Article VI (LEJ RASR) – states that if any conflict
arises between the states and the federal government
the federal government will always win.
AKA -- “The Supremacy Clause” – Macho Nacho
Taco
State Constitutions
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Every state has the right to
create their own
constitutions.
The ideas and laws that
govern the states differ from
one to another – but that’s
what make federalism so
great and the states so
distinct
There are many similarities:
separation of powers, bill of
rights, outlines terms of
office, elections, etc.
State Legislative Branch
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Creating laws at the state
level is very similar to
creating laws at a national
level.
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The speaker of the house
directs the bills/discussions in
the HOR; the Lieutenant
Governor functions as the
President of the Senate and
does the same.
Similar to the national
infrastructure
Must pass through both houses
and be signed by the Governor
to become law
State Legislative Branch
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Every state, except for
Nebraska, has a bicameral
legislature consisting of an
upper-house (senate) and a
lower-house (HOR)
The main job of state
legislators is to create new
laws for the STATE based
on the needs of their
constituents
State Legislative Branch
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Terms:
Senators serve 4 years
 Representatives serve 2 years
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Requirements:
American citizen
 Live in the district your represent
 Reps. Must be at least 18 years old
 Sen. Must be between 18-30 years old
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State Legislative Branch
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Every ten years there is a census
taken
This determines population
Congressional districts are
determined by the number of
people in a given area
Historically, senate districts were
apportioned, or based on land
area. This caused
malapportionment, which
means unequal representation.
Reynolds v. Sims – ruling stated
apportionment must be based on
population rather than land area.
State Executive Branch
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Similarly to the federal
government, each state
has a chief executive
known as the Governor.
Their main job is to
enforce the state laws
and carry out the
business of the state.
State Executive Branch
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Requirements to be
Governor/Lt. Governor:
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American citizen
At least 30 years old
Resident of the state for 5
years
Most have been elected to
other public offices
before or have been
active in state politics,
although this is not a
requirement
State Executive Branch
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Powers and Duties
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Create budget
Act as chief legislator
Veto Power “Line Item Veto” – this means that the Governor can veto
certain parts of bills; the President does not have this power
Judicial Powers “Commute” – reduce criminal sentencing, pardon
individuals, and reduce parole
Most important job: chief executive
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Carries out the laws of the state
To help with this job, the governor creates a large bureaucracy (a group of
agencies – similar to the President’s Cabinet) that help maintain state functions.
State Judicial Branch
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The federal court system that
we learned about earlier only
deals with a small percentage
of American legal matters
Most legal proceedings that
arise within a state will fall
under state legal jurisdiction
The main job of state courts
is to interpret and apply state
and local laws.
State Judicial Branch
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Selection of Judges
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Each state has their own process for choosing judges/justices
Some states have appointed judges, other have elected judges. Why are
the benefits to both? Drawbacks?
State judges serve anywhere from 6-12 year terms; this is because they
must be shielded from public opinion
State judges can also be impeached
State Judicial Branch
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The state courts are
organized in a tiered
fashion
State
Supreme
Court
Supervises all lower courts
Hear appeals cases
Makes FINAL rulings
Appellate Courts
Panel of judges review
Decision of lower courts
Handle felony cases or civil cases
Involving large sums of money
General Trial Courts
Judges/Juries hear criminal
And civil cases
Lower Courts
Handle Misdemeanors
(traffic violations, civil case
Less than $1,000, etc.)
Justice Courts
Magistrate Courts
Municipal Courts
Can overturn ruling of
Lower court if necessary