Chapter 12 – State Government

1. 12.1 – The Federal System 12.2– The State Legislative Branch 12.3– The State Executive Branch 12.4 – The State Judicial Branch Chapter 12 – State Government

2. The Constitution and Federalism • 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.

3. The Constitution and Federalism • The Constitution protects the states in many ways • Each state is largely free to govern itself – “full faith and credit” promotes cooperation • 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.

4. State/Federal Governments Share power National Laws Are the “Macho Nacho Taco” Constitution Limits the Power of States Federal System “Full faith and Credit” encourages Cooperation Reserved Powers are Only for states 10th Concurrent Powers are Both (state/ federal) The Constitution and Federalism

5. Reserved Powers • The 10th Amendment gives states additional powers • “states may exercise all powers not given to the federal government or denied to the states”… • In other words, states can reserve the right to control certain things such as marriage laws, education and elections without government interference.

6. Federal Supremacy • The Constitution grants concurrent (both) powers to the federal and state governments. • Examples: imposing income taxes, borrowing/spending money, establishing courts, enacting/enforcing laws.

7. Federal Supremacy • 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

8. State Constitutions • 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.

9. State Legislative Branch • Creating laws at the state level is very similar to creating laws at a national level. • 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

10. State Legislative Branch • 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

11. State Legislative Branch • Terms: • Senators serve 4 years • Representatives serve 2 years • 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

12. State Legislative Branch • 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.

13. State Executive Branch • 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.

14. State Executive Branch • Requirements to be Governor/Lt. Governor: • 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

15. State Executive Branch • Powers and Duties • 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 • 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.

16. State Judicial Branch • 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.

17. State Judicial Branch • Selection of Judges • 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

18. State Supreme Court Appellate Courts Panel of judges review Decision of lower courts General Trial Courts Judges/Juries hear criminal And civil cases Lower Courts Justice Courts Magistrate Courts Municipal Courts State Judicial Branch Supervises all lower courts Hear appeals cases Makes FINAL rulings • The state courts are organized in a tiered fashion Can overturn ruling of Lower court if necessary Handle felony cases or civil cases Involving large sums of money Handle Misdemeanors (traffic violations, civil case Less than $1,000, etc.)