CHAPTER 9- STATE GOVERNMENT
9.1- THE FEDERAL SYSTEM
The founders of the nation set up a system based on federalism, in which power is divided and balanced between the national and state governments.
Constitutional Basis
The United States Constitution delegates- or assigns- powers to the national government and to the states in several ways.
Division of Powers: National and State Governments
The national government has responsibilities to all citizens, in all states. So the founders gave the national or federal government specific exclusive- not shared- powers to:
Reserved Powers
The Constitution does not list the powers that the states have. Instead, the Tenth Amendment says any powers no delegated to the national government are reserved powers- set aside- for the states or the people.
The Constitution and the Amendments also specifically forbid states from making certain types of laws, such as:
Supremacy Clause
What would you do if your teacher asked you to follow a class rule that was the direct opposite of a school rule? A state government and the national government can both make laws that apply to he same citizens, so a law passed by one level of government could disagree with a law passed by the other level of government. Article 4 of the US Constitution- the supremacy clause- states that the US Constitution and all laws and treaties made by the national government are the supreme, or highest, law of the land. If state and federal laws are in conflict with each other, the federal law rules.
State Constitutions:
Each of the 50 states has its own constitution. Most are modeled after the US Constitution, and most contain:
Constitutional Basis
The United States Constitution delegates- or assigns- powers to the national government and to the states in several ways.
Division of Powers: National and State Governments
The national government has responsibilities to all citizens, in all states. So the founders gave the national or federal government specific exclusive- not shared- powers to:
- Protect the states from foreign invasion with military action.
- Deal with foreign governments in issues of trade or disputes.
- Produce money used throughout the United States
- Make laws about the movement of goods and people between the States, called interstate commerce.
Reserved Powers
The Constitution does not list the powers that the states have. Instead, the Tenth Amendment says any powers no delegated to the national government are reserved powers- set aside- for the states or the people.
The Constitution and the Amendments also specifically forbid states from making certain types of laws, such as:
- Treaties with foreign countries.
- Laws that deny people the right to practice their religion.
- Work together on projects, such as building or improving roads and bridges.
- Provide support for poor people in the form of welfare services, such as food or health care that people get free or for a reduced cost.
- Tax Citizens to get money needed to pay for services. Some of the taxes the national government collects are returned to the states in various ways.
Supremacy Clause
What would you do if your teacher asked you to follow a class rule that was the direct opposite of a school rule? A state government and the national government can both make laws that apply to he same citizens, so a law passed by one level of government could disagree with a law passed by the other level of government. Article 4 of the US Constitution- the supremacy clause- states that the US Constitution and all laws and treaties made by the national government are the supreme, or highest, law of the land. If state and federal laws are in conflict with each other, the federal law rules.
State Constitutions:
Each of the 50 states has its own constitution. Most are modeled after the US Constitution, and most contain:
- A preamble, stating the ideals on which the government is founded.
- A bill or declaration of citizen's rights.
- A description of the powers and duties of the executive, legislative, and judicial branches.
- A description of how elections will be carried out, including qualifications for candidates and for voters, and rules to be followed in elections.
- A description of how the state will operate in such things as education, highways, law and order, and the collection of taxes.
- A procedure for amending it.
Cooperation among States:
Article 4 of the Constitution describes several ways that states must cooperate with other states and the national government.
Full Faith and Credit
States follow Article 4 to respect the laws of other states, including:
Guarantee of Republican Form of Government:
Every state's constitution must guarantee that voters can elect their state leaders.
Domestic Violence:
The national government must assist any state that acts for help against anyone who tries to riot or rebel within a state.
Example: If a riot breaks out in a city, the state legislature or governor can ask the federal government to help restore peace by calling out National Guard troops.
Services Provided by the States:
States provide many services to their citizens. These include:
Elections
Each state constitution provides citizens with a way to elect their government representatives. The State:
Education
Each state establishes public school for the education of the citizens. The state:
Business
Some of the ways in which states regulate business include:
Laws Governing People's Actions
States pass and enforce laws dealing with marriage, divorce, and the ownership of property. They decide what actions are considered criminal and punishable by law, such as by setting speeds limit on state highways. These laws protect the will-being of citizens.
States pass and enforce laws dealing with marriage, divorce, and the ownership of property. They decide what actions are considered criminal and punishable by law, such as by setting speed limits on state highways. These laws protect the well-being of citizens.
Police
States maintain a state police force to insure safety on highways and in areas not policed by county or city police. Where state highways pass through cities and towns, state and local police cooperate in enforcing the laws.
Public Buildings
States use tax money to construct buildings, such as courthouses, public health clinics, or prisons, to carry out the work of government or provide services to citizens.
Highways
States maintain roads, highways, and bridges so all citizens have a safe and efficient road system.
Article 4 of the Constitution describes several ways that states must cooperate with other states and the national government.
Full Faith and Credit
States follow Article 4 to respect the laws of other states, including:
- Decisions of the courts in other states.
- Actions such as marriage, divorce or land deeds that are recorded in other states.
- Justice in other states. A person who commits a crime in one state cannot escape punishment by fleeing to another state. Extradition is the process of returning a fugitive to the state where the crime was committed.
Guarantee of Republican Form of Government:
Every state's constitution must guarantee that voters can elect their state leaders.
Domestic Violence:
The national government must assist any state that acts for help against anyone who tries to riot or rebel within a state.
Example: If a riot breaks out in a city, the state legislature or governor can ask the federal government to help restore peace by calling out National Guard troops.
Services Provided by the States:
States provide many services to their citizens. These include:
- Holding elections.
- Providing education
- Regulating businesses
- Passing laws that govern people's actions
- Providing and maintaining police forces, public buildings, and roads and highways.
Elections
Each state constitution provides citizens with a way to elect their government representatives. The State:
- Set qualifications for state election candidates, as well as voting qualifications for citizens.
- Provides the polls- voting places- for citizens to cast their ballots for national , state, and local candidates.
- Arranges for people to count the ballots and report the election results.
Education
Each state establishes public school for the education of the citizens. The state:
- Decides what types of schools will be established- universities, secondary schools, elementary schools, and special education programs.
- Provides funding for schools through taxes.
- Places regulations on schools, such as establishing statewide tests.
Business
Some of the ways in which states regulate business include:
- Certification, or guaranteeing the qualifications of certain professions, such as doctors, teachers. or bus drivers.
- Licensing of contractors, tradespeople, and other service providers to ensure trustworthy and reliable business service.
- Inspecting businesses, such as hospitals, to protect public health and safety.
Laws Governing People's Actions
States pass and enforce laws dealing with marriage, divorce, and the ownership of property. They decide what actions are considered criminal and punishable by law, such as by setting speeds limit on state highways. These laws protect the will-being of citizens.
States pass and enforce laws dealing with marriage, divorce, and the ownership of property. They decide what actions are considered criminal and punishable by law, such as by setting speed limits on state highways. These laws protect the well-being of citizens.
Police
States maintain a state police force to insure safety on highways and in areas not policed by county or city police. Where state highways pass through cities and towns, state and local police cooperate in enforcing the laws.
Public Buildings
States use tax money to construct buildings, such as courthouses, public health clinics, or prisons, to carry out the work of government or provide services to citizens.
Highways
States maintain roads, highways, and bridges so all citizens have a safe and efficient road system.
9.2- THE STATE LEGISLATIVE BRANCH
The powers of the legislative branches in the national and state governments are similar.
Organizations of State Legislatures
Different states have different names for their lawmaking branches:
Example: Alaska, the largest state in area, has the smallest legislature- a 40 member House of Representatives and a 20 member Senate. New Hampshire, one of the smallest states, has the largest legislature. Called the General Court, there are between 375 and 400 members in the New Hampshire House of Representatives, and 24 Senators.
Election:
The legislature divides the state into legislative districts each with an approximately equal population. Legislatures represent and are elected by people from a specific district.
Sessions:
The Legislature in many states meets each year for between one and six months. The governor may call a special session if something important must be decided.
Legislature Qualifications and Terms
Qualifications and terms for state legislatures are described in each state's constitution.
Qualifications
Legislatures must be US citizens and have lived in the state and district they want to represent for a certain period of time. In most states, the minimum age is 25 for state Senators and 21 for state Representatives. Some states have a minimum age of 18.
Terms
In most states, members of the Senate serve for four years and Representatives for two years. About 20 states limit the number of times that legislatures may be reelected. Some people feel these term limits should be eliminated. Others think the idea is so good that federal lawmakers would have term limits, too.
Responsibilities and Work
All legislatures have legislative and and non-legislative powers.
Legislative Powers
State legislatures may pass any law that is not prohibited by the US Constitution, by federal laws, or by any part of the state's constitution. Examples of state laws include these:
Non-legislative Powers
Every state legislature is allowed to do more than make laws. They also have:
Legislative Committees
Much of the work preparing and debating bills is actually done by committees- smaller groups appointed or elected to deal with specific issues- outside of the legislature, so valuable legislative session isn't time wasted.
Standing Committees
Standing, or permanent, committees discuss bills dealing with ongoing issues, such as:
Interim Committees
Interim, or temporary, committees are appointed to discuss short-term issues.
Example: Iowa has used interim committees to study e-commerce, parking near the capitol building, and distance learning.
Citizen Legislative Action
Although we don't live in a direct democracy, such as ancient Athens, citizens in many states can still take direct action to bring a bill before their elected legislature or affect the legislative process.
Organizations of State Legislatures
Different states have different names for their lawmaking branches:
- State Legislature
- General Assembly
- Legislative Assembly
- General Court
Example: Alaska, the largest state in area, has the smallest legislature- a 40 member House of Representatives and a 20 member Senate. New Hampshire, one of the smallest states, has the largest legislature. Called the General Court, there are between 375 and 400 members in the New Hampshire House of Representatives, and 24 Senators.
Election:
The legislature divides the state into legislative districts each with an approximately equal population. Legislatures represent and are elected by people from a specific district.
Sessions:
The Legislature in many states meets each year for between one and six months. The governor may call a special session if something important must be decided.
Legislature Qualifications and Terms
Qualifications and terms for state legislatures are described in each state's constitution.
Qualifications
Legislatures must be US citizens and have lived in the state and district they want to represent for a certain period of time. In most states, the minimum age is 25 for state Senators and 21 for state Representatives. Some states have a minimum age of 18.
Terms
In most states, members of the Senate serve for four years and Representatives for two years. About 20 states limit the number of times that legislatures may be reelected. Some people feel these term limits should be eliminated. Others think the idea is so good that federal lawmakers would have term limits, too.
Responsibilities and Work
All legislatures have legislative and and non-legislative powers.
Legislative Powers
State legislatures may pass any law that is not prohibited by the US Constitution, by federal laws, or by any part of the state's constitution. Examples of state laws include these:
- Setting and collecting taxes on income and property.
- Establishing courts
- Defining unlawful behavior and providing punishments
- Controlling business activities
- Example: States license some businesses. Some require businesses to pay employees a minimum wage.
- Establishing and maintaining public schools.
- Protecting the health, morals, and welfare of citizens
- Example: States may require that children entering school have vaccinations to reduce the spread of diseases.
Non-legislative Powers
Every state legislature is allowed to do more than make laws. They also have:
- Executive powers: When state governors appoint certain officials, they must get approval from one or both houses of the state legislature. In several states, the legislature appoints some state officials.
- Example: In Tennessee and New Hampshire, the legislature chooses the Secretary of State.
- Judicial powers: In every state except Oregon, the legislature has the power to impeach officers of the state's executive and judicial branches and to discipline its own members.
- Example: Legislatures may be censured- condemned or scolded- for inappropriate, but not illegal actions, such as making racist remarks.
- Constitutional Powers: State legislatures amend state constitutions.
Legislative Committees
Much of the work preparing and debating bills is actually done by committees- smaller groups appointed or elected to deal with specific issues- outside of the legislature, so valuable legislative session isn't time wasted.
Standing Committees
Standing, or permanent, committees discuss bills dealing with ongoing issues, such as:
- Appropriations - funding for government programs.
- Economic Development
- Commerce
- Education
- Natural Resources
- Transportation
Interim Committees
Interim, or temporary, committees are appointed to discuss short-term issues.
Example: Iowa has used interim committees to study e-commerce, parking near the capitol building, and distance learning.
Citizen Legislative Action
Although we don't live in a direct democracy, such as ancient Athens, citizens in many states can still take direct action to bring a bill before their elected legislature or affect the legislative process.
- Citizens can propose a new law through the initiative process- stating a bill on their own. they ask other voters to sign a petition to show their agreement.
- If the required number of voters signs the petition, it becomes a proposition, or proposed law. It then either passes through the legislative process or appears on the next ballot for voters to decide.
- In many states, propositions on some issues must be decided by the voters as a referendum.
- Citizens can influence the legislature through recall-removing an official from office by getting the required number of signatures on a recall petition.
9.3- THE STATE EXECUTIVE BRANCH
Just as in the US Government, the executive branch of a state government enforces and carries out laws made by the legislative branch.
The Governor
The Governor is the top executive officer of the state, whose powers are defined in the state constitution. The powers and roles of Governors are similar to those of the President but on a smaller scale.
Selecting the Governor
Generally, each major political party in a state nominates a candidate to run for governor, sometimes after holding party primary elections. The Governor is elected by the voters in each state.
Qualifications
The qualifications for governor are defined in each state's constitution. The candidate must have been a resident of the state for a number of years. The minimum age in most states is 25 to 30.
Example: In Nevada, candidates for governor must have lived in the state for two years. In New Jersey, they must have lived in the state for seven years.
Term
In all but two states, governors are elected for a four-year term. New Hampshire and Vermont have two-year terms. More than half of the states don't allow the Governor to serve for more than two terms. Virginia only allows one term.
Powers and Duties of the Governor
The Governor, like the President, must fulfill many roles.
Chief of State
The Governor often acts as the spokesperson for the state's goals and values. Some duties are ceremonial, such as awarding medals for heroism. The Governor also meets with Governors of other states to solve common problems.
Head of the Executive Branch
The governor manages the managers and agencies of the executive branch. He or she makes sure that laws are enforced nd policies are carried out. Some duties include:
Legislative Role
The Governor has the power to sign or veto laws made by the legislature and to influence the legislature by:
Judicial Role
Many of a Governor's judicial powers are clemency powers- power to exercise mercy toward those convinced of crimes- including:
Other Executive Officials
The Governor needs help to run the state. He or she shares control with officials who act as advisors or as heads of various state departments. In most states, the following major offices are filled by popular vote or are appointed by the governor or legislature.
The Lieutenant Governor
The Lieutenant Governor's position is much like that of the Vice-President: He or she presides over the state Senate and succeeds to governorship if the Governor can perform the duties of the office. The Governor and Lieutenant Governor generally run for office as a team. Several states do not have this office.
The Secretary of State
The Secretary of State supervises elections and is in charge of state records, such as those regarding business licenses, births, deaths, and marriages. If a state doesn't have the position of Lieutenant Governor, the Secretary of State may act in that role.
Attorney General
the Attorney General handles legal issues for the state, such as:
State Treasurer
The State Treasurer controls all state funds. The Treasurer's office directs the collection of taxes and pays the state's bills.
State Auditor
An auditor examines financial records to make sure they are correct. State auditors make sure that no public funds are spent without authorization by a state official.
Superintendent of Public Instruction:
States provide public schools and universities for their citizens. The superintendent of public instruction, or commissioner, follows the policies of the state board of education and distributes state funds to local school districts.
State Executive Agencies
The task of running a state government requires many different departments, agencies, boards, and commissions, whose directors are appointed by the Governor or by the legislature. Each is responsible for one service area. Important state agencies include:
The Governor
The Governor is the top executive officer of the state, whose powers are defined in the state constitution. The powers and roles of Governors are similar to those of the President but on a smaller scale.
Selecting the Governor
Generally, each major political party in a state nominates a candidate to run for governor, sometimes after holding party primary elections. The Governor is elected by the voters in each state.
Qualifications
The qualifications for governor are defined in each state's constitution. The candidate must have been a resident of the state for a number of years. The minimum age in most states is 25 to 30.
Example: In Nevada, candidates for governor must have lived in the state for two years. In New Jersey, they must have lived in the state for seven years.
Term
In all but two states, governors are elected for a four-year term. New Hampshire and Vermont have two-year terms. More than half of the states don't allow the Governor to serve for more than two terms. Virginia only allows one term.
Powers and Duties of the Governor
The Governor, like the President, must fulfill many roles.
Chief of State
The Governor often acts as the spokesperson for the state's goals and values. Some duties are ceremonial, such as awarding medals for heroism. The Governor also meets with Governors of other states to solve common problems.
Head of the Executive Branch
The governor manages the managers and agencies of the executive branch. He or she makes sure that laws are enforced nd policies are carried out. Some duties include:
- Appointing advisors and agency officials. A Governor's appointment powers are different from those of the President.
- Examples: In many state elections, several top officials, such as the secretaries of state and education and the state treasurer, are elected, not appointed as in the federal government. In many states, the Governor cannot appoint more than a certain number of members of one political party.
- Preparing the state budget that goes to the legislature for approval. The budget influences the state's spending.
- Commanding the state police and National Guard to, for example, stop riots or help citizens during natural disasters.
Legislative Role
The Governor has the power to sign or veto laws made by the legislature and to influence the legislature by:
- Convincing legislators to support recommended legislation
- Rallying support among voters so that they pressure their legislators to vote for or against a proposed law.
- Reporting on the state of the state in a speech to the legislature each year on successes and problems in the state, and suggesting actions that should be taken.
Judicial Role
Many of a Governor's judicial powers are clemency powers- power to exercise mercy toward those convinced of crimes- including:
- The power to pardon- to release a person from punishment for a crime.
- The power to commute- reduce- a sentence imposed by a court. For example, a death sentence may be commuted to life in prison.
- The power to reprieve- postpone- an execution so that appeals can be heard.
- The power to parole- to release a prisoner before the end of his or her sentence.
Other Executive Officials
The Governor needs help to run the state. He or she shares control with officials who act as advisors or as heads of various state departments. In most states, the following major offices are filled by popular vote or are appointed by the governor or legislature.
The Lieutenant Governor
The Lieutenant Governor's position is much like that of the Vice-President: He or she presides over the state Senate and succeeds to governorship if the Governor can perform the duties of the office. The Governor and Lieutenant Governor generally run for office as a team. Several states do not have this office.
The Secretary of State
The Secretary of State supervises elections and is in charge of state records, such as those regarding business licenses, births, deaths, and marriages. If a state doesn't have the position of Lieutenant Governor, the Secretary of State may act in that role.
Attorney General
the Attorney General handles legal issues for the state, such as:
- Representing the state in court cases.
- Advising state and local officials on the constitutionality of their actions
- Assisting local courts in prosecuting criminals
State Treasurer
The State Treasurer controls all state funds. The Treasurer's office directs the collection of taxes and pays the state's bills.
State Auditor
An auditor examines financial records to make sure they are correct. State auditors make sure that no public funds are spent without authorization by a state official.
Superintendent of Public Instruction:
States provide public schools and universities for their citizens. The superintendent of public instruction, or commissioner, follows the policies of the state board of education and distributes state funds to local school districts.
State Executive Agencies
The task of running a state government requires many different departments, agencies, boards, and commissions, whose directors are appointed by the Governor or by the legislature. Each is responsible for one service area. Important state agencies include:
- State Board of Education
- Department of Human Services
- Commerce Department
- Department of Natural Resources
- Transportation Department
9.4- THE STATE JUDICIAL BRANCH
Every citizen must obey at least two sets of laws- federal laws and state laws. A state's constitution and laws are interpreted by state courts.
Responsibilities and Work
The state courts handle different types of cases, depending on the type of dispute being judged.
Criminal Cases
Criminal cases are those in which someone has broken a law or acted in a way that harms other citizens or society in general. They may be either:
Civil Cases
Civil cases are disagreements involving individuals or businesses. They may also be disputes between businesses or individuals and the government.
Example: a car owner might claim that a mechanic didn't use the quality of auto parts that the owner paid for. He wants his money back. The court has to decide who is legally right.
Organization of State Courts
State courts deal with everything from petty theft to cases involving the death penalty. Each type of court handles cases of a particular type or seriousness. Not all states are the same, but many state court systems include the following.
Responsibilities and Work
The state courts handle different types of cases, depending on the type of dispute being judged.
Criminal Cases
Criminal cases are those in which someone has broken a law or acted in a way that harms other citizens or society in general. They may be either:
- Felonies- Serious or violent crimes or those involving valued property. Felonies are punished with large fines, lengthy jail terms, or both.
- Misdemeanors- lesser crimes, punishable by small fines, short jail terms, or community service.
- Example: Murder and armed robbery are felonies. Taking a fruit drink without paying for it is a misdemeanor. Both are crimes.
Civil Cases
Civil cases are disagreements involving individuals or businesses. They may also be disputes between businesses or individuals and the government.
Example: a car owner might claim that a mechanic didn't use the quality of auto parts that the owner paid for. He wants his money back. The court has to decide who is legally right.
Organization of State Courts
State courts deal with everything from petty theft to cases involving the death penalty. Each type of court handles cases of a particular type or seriousness. Not all states are the same, but many state court systems include the following.
Lower Courts
Lower courts handle misdemeanors and civil cases that don't involve much money. They are assigned depending on the size of the community they serve. These generally include three types of courts.
Municipal Courts are presided over by judges who hear cases without a jury. They get the facts of the case from the people involved and order a fair and legal settlement. General Trial Courts Important criminal and civil cases are heard in general trial courts, sometimes called superior courts or courts of common pleas. IN most cases, a judge presides, and the case is heard before a jury. In many states, trial judges are elected by the people of the country or district they serve for terms of between two and eight years. In some states, there are also county and district courts, which hear cases arising from actions within a county or district. States with large areas or smaller populations may have circuit courts, in which judges travel from county to county to hold hearings and preside over trials. Appeals Courts Sometimes people challenge the results of a trial because they feel that something unfair or unconstitutional has taken place. They may appeal their case- request a review- to a higher court. Most states have appellate courts that hear such cases. One purpose for these courts of appeal is to reduce the number of cases that go to the State Supreme Court. Courts of Appeal don't hold trials. They hear oral arguments from lawyers representing both sides and study briefs, or written arguments that might refer to previous court decisions on similar issues. Appellate courts decide whether the previous (and lower level) courts correctly interpreted the law in making their decisions. Appellate court judges are elected in some states and appointed by the Governor, the State Supreme Court, or State Legislature in others, for terms of from two to ten years, or longer. State Supreme Court The highest court in each state is usually, but not always, called the Supreme Court. Its judges are elected in most states, but appointed by the Governor in others, for terms of 10 to 12 years, or longer. The State Supreme Court hears appeals from either the appeals courts or general trial courts. Like appeals courts, it is concerned with whether the state constitution and laws were correctly interpreted by the lower courts in making their decisions. The decision of the state supreme court is final unless the case involves federal law. Then it may be appealed to the Supreme Court. Overcrowded Courts All citizens have the right to ask a judge to reconsider a case, perhaps for a new trial. In recent years. so many people have used this freedom that the courts are dangerously overcrowded with work. some courts are a year behind in hearing cases. The right to appeal has resulted in the taking away of another right- the right of citizens to a speedy trial. Many people have called for improvements in how criminal and civil cases are settled in state courts. |