Presentation Transcript

1. StateGovernment
2. “All politics is local” --former Speaker of the U.S. House Tip O'Neill
3. Justice William Brennan called states “laboratories of democracy”
4. The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. The Tenth Amendment states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.
5. Federalism
6. All states have their own Constitutions Fundamental Orders of Connecticut
7. State constitutions perform different functions: generally limit plenary powers rather than grant enumerated powers have different origins from: the people themselves have a different form; usually longer
8. State constitutions contain many more policy-oriented provisions built up over time, as well as provisions concerning the character, virtue and even morality of the state’s people. state constitutions are more democratic than the federal constitution in that they involve the citizenry in approving their amendments and revisions, voting to approve borrowing, and in many states like Louisiana, elect judges.
9. State constitutions better reflect the input of the alternative voices African Americans, Hispanics, Native Americans, women, same-sex marriages, gun owners, pro-marijuana, pro/con abortion, desegregation, etc…—voices that have had little impact on the federal Constitution.
10. Apparatus of revision While there is basically one, relatively difficult, way to amend the federal Constitution, amendments or revisions of state constitutions can be accomplished through legislative, constitutional convention or constitutional commission proposals, as well as by initiative in some states.
11. Amending State Constitutions Legislative Proposals—75% pass voters Initiative Petitions—about 1/3 pass Constitutional Conventions 41 states allow—some require Only 1 since 2000 (R.I. in 2004)
12. A legislature may appoint a revision commission which may make recommendations for constitutional change that have no force until acted upon by the legislature or voters approval.
13. Constitutional amendments may be put on the ballot by an initiative petition. An initiative is means by which a petition signed by a certain minimum number of registered voters can force a public vote. Came to be in many states during the Progressive Movement of the early 1900s
14. Two types of initiatives: Direct initiative: a measure is put directly to a vote after being submitted by a petition. Indirect initiative: a measure is first referred to the legislature, and then put to a popular vote only if not enacted by the legislature. This is a form of direct democracy.
15. Factors for low adoption rates of initiative measures Focused on streamlining or modernizing the constitution—opposed by groups favoring the status quo—school integration in Alabama Targeting specific policy issues rather than institutional reforms—same sex marriage
16. New Judicial Federalism Attorneys and others explore state constitutions for interpretations that offer more protective rights than similar provisions of the federal Constitution.
17. Most state governments
18. Louisiana Constitution: Preamble "We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, and religious liberties we enjoy, and desiring to protect individual rights to life, liberty, and property; afford opportunity for the fullest development of the individual; assure equality of rights; promote the health, safety, education, and welfare of the people; maintain a representative and orderly government; ensure domestic tranquility; provide for the common defense; and secure the blessings of freedom and justice to ourselves and our posterity, do ordain and establish this constitution."
19. Louisiana's civil law system is what the majority of nations in the world use. The resulting system of "civil law" in the state differs from the other 49 states' "common-law" traditions in terms of methodology.  Rulings in the French-influenced system derive from direct interpretation of the law; rulings in the common-law system give greater authority to legal precedent.
20. A judge in Louisiana decides a case based on his/her own interpretation of the code, not those of prior courts. In the other states, judges are supposed to make decisions based exclusively on previous rulings.
21. Specific laws also reflect Louisiana's Spanish and French roots. The principle of "forced heirship"—a child is legally guaranteed a share of his parents' estate—comes from the Napoleonic Code and does not appear on the books in any of the 49 common-law states. 
22. Some laws governing commercial transactions in Louisiana come from the French system, putting them at odds with the parts of the Uniform Commercial Code used by other states. Goods may be manufactured in State A, warehoused in State B, sold from State C and delivered in State D
23. Two types of proposed amendments Focused on streamlining or modernizing the constitution—opposed by groups favoring the status quo—school integration in Alabama Targeting specific policy issues rather than institutional reforms—same sex marriage
24. Louisiana The Louisiana Constitutional revision Commission wrote a streamlined “people constitution” for the average person to understand.
25. Hawaii In 1978 all 34 amendments placed before the voters were adopted
26. Arkansas Arkansas’ Eighth Constitutional Convention wrote a new constitution for the state. It was rejected by a 2 to 1 margin Voters later rejected a new constitutional convention
27. Texas Has amended its constitution more than 330 times but has kept its original constitution.
28. New Columbia 1978- a constitutional amendment proposed giving DC the number of representatives and senators it would have if it were a state. Only approved by 16 states by 1985. 1982 voters adopted a constitution for the would-be state of New Columbia. The petition for statehood was ignored by Congress in 1982 and 1987
29. Dumb Louisiana laws Biting someone with your natural teeth is “simple assault,” while biting someone with your false teeth is “aggravated assault.” It is a $500 fine to instruct a pizza delivery man to deliver a pizza to your friend without them knowing. It is illegal to gargle in public places.
30. We Love Jefferson Parish Minors may not go to businesses with coin-operated foosball machines unless accompanied by an adult. No one may pour a drink out on the ground at any drive-in movie.
31. Judicial federalism entails ___ interpreting state constitutions. The U.S. Supreme Court Congress State supreme courts State legislatures
32. Which method of amending happens most often? Legislative proposals Initiative petitions Constitutional conventions All of the above
33. Amending is ____ than/from maintaining the status quo. Easier More difficult No different
34. Homework Determine the following people: Your state representative Your state senator State officials: Governor, Lt. Governor, Secretary of State, Attorney General, Public Service Commissioner, Treasurer Parish President/Mayor, Assessor, Coroner, District Attorney, Clerk of Court, Registrar of Voters, your parish/city council people