Unit 7

1. Unit 7 Participating in State and Local Gov.’t Ch 24 – Governing the States Ch 25 – Local Gov.’t and Finance

2. State constitutions A state’s constitution is that state’s supreme law (but it cannot violate/contradict the national Constitution). It sets out how the state’s gov.’t will be organized, places limits on that gov.’t’s power as well as distributing power b/w the 3 branches. Every state has a written constitution w/ a bill of rights + they share many of the same principles as the national Constitution such as popular sovereignty (power of the people over the gov.’t) + limited gov.’t, (the gov.’t is restricted in what it may do) separation of powers, (powers of the gov.’t are divided among the 3 branches) + checks and balances (powers each branch of the gov.’t has over the others). Ch 24 – Governing the States

3. Changing the state constitutions State constitutions may be changed by an amendment or by revision (large scale changes). To amend a state constitution the amendment must first be proposed in the state legislature or by a constitutional convention but the process varies from state to state. Also, 17 states allow voters to propose amendments in a process known as initiative – where when enough voters sign a petition, the amendment is placed on the ballot for all to vote on. The states w/ a simpler process tend to have more amendments. After an amendment is proposed it must be ratified by a vote of the people – although the majority required varies. Only Delaware is different; it requires a 2/3 vote in each house of its legislature in 2 successive sessions. Almost all state constitutions are in need of reform. Many are too long +/or too old. Often the laws in these constitutions contradict + many are ignored b/c they are so outdated. Also, due to the increased functions performed by the state gov.’ts, additions to the constitutions have been necessary. End Section 1

4. The legislature The State Capital building in Columbia 49 states have a bicameral legislature (Nebraska has a unicameral). All states call the upper house the Senate, + most call the lower house the House of Representatives (others call it the Assembly or House of Delegates). Almost all legislators are elected from single-member districts which are redrawn every 10 yrs after the census. All states elect legislators by popular vote. In all but 4 states, the state legislators are elected on even years (to serve 2 or 4 yr terms). The job has a high turnover rate (over ¼ of state legislators are serving their 1st term). Pay is poor (often under $30,000 a yr) which puts off many prospective candidates. Almost all states meet for annual sessions. Sessions don’t last all year, but as their workload gets bigger, sessions have gotten longer, + special sessions are more frequent.

5. Powers of the legislature Organization of the legislature Similar to the powers of the national Congress: approves the governors’ appointments (in some states they make the appointments), can impeach (except in Oregon), proposes amendments, makes laws. Also has the police power which is the authority to act to protect + promote public health, safety, morals, + general welfare. They must balance this power w/ protecting individual freedoms. Set up similarly as the national Congress. The lower house elects a speaker (in 49 states). The upper house elects a president in 25 states + in the other 25, the lieutenant governor serves as the president w/ an elected member serving as president pro tempore. Has a committee system for passing laws similar to the national Congress. End Section 2

6. Governors Henry McMaster (R) The gov. is the head of the executive branch at the state level – but in some states that power is heavily divided b/w the gov. + other elected officials (like the attorney general, the treasurer, etc). As of 2005, of the over 2,500 people who have served as gov., only 25 have been women. In every state the gov. is elected by popular vote. Almost all serve 4 yr terms. Over ½ of the states have term limits (usually 2, but VA only allows 1). If a gov. resigns or dies in midterm, in 43 states the lieutenant gov. becomes gov., in 4 states the president of the senate succeeds, + in 3 states the job goes to the secretary of state. A gov. may be impeached (except in Oregon) + in 18 states he/she may be recalled (voted out of office before the end of the term by popular vote). The average gov. makes over $100,000 per yr. + lives in an official residence.

7. Powers of the gov. Executive: appoints + removes subordinates (but not all), directly controls many state agencies (but not in all states), prepares a budget (in most states + the legislature may make changes), commander in chief of the state’s National Guard. Legislative: recommends legislation, calls special sessions of the legislature, + veto power (in 43 states, the gov. has the power of item veto – vetoing parts of a bill, this power is often restricted to $ bills). Judicial: may pardon or reduce the sentence of a criminal, may grant a reprieve (postpone carrying out a sentence) + may grant parole. The gov. often shares these powers w/ a board. Miscellaneous duties: include (but not limited to) receiving important visitors to the state, dedicating new buildings, addressing public gatherings, travel to promote the state’s interests, settle labor disputes, etc….

8. In most states, these officials are chosen by popular vote + NOT appointed by the gov.: The Lieutenant Gov. – (44 states) few formal duties. In 42 states, he/she steps in as gov. if necessary + in ½ the states, he/she serves as president of the senate. The Secretary of State – (47 states) serves as the state’s chief clerk + record keeper. He/she usually administers election laws, but usually has little power. The State Treasurer – (all states) custodian of state funds, often the chief tax collector + paymaster for the state. The Attorney General – (all states) the state’s chief lawyer. Serves as legal advisor to state officers + agencies, represents the state in court, + oversees the work of local prosecutors. In many states, his/her opinion has the force of law unless successfully challenged in court. End Section 3 Other executive officers Kevin Bryant (R) Mark Hammond (R) Curtis Loftis, Jr. (R) Alan Wilson (R)

9. The courts + their laws Constitutional law – laws based on the US + state constitutions. Highest laws in the land. Statutory law – laws enacted by the US + state legislatures. Administrative law – laws that are passed under proper constitutional +/or statutory laws. Common law – laws that are unwritten, judge-made that have developed over centuries from ideas that are generally accepted as right or wrong. State courts apply common law except when in conflict w/ written laws. A precedent is a court decision that becomes a guide to be followed later in similar cases. Equity – legal action that seeks to stop wrongs BEFORE they occur. --------------------------------------------------------------------- Criminal law – laws that define public wrongs. The state always prosecutes these cases. Felony – major crime w/ tougher sentences. Misdemeanor – lesser crime. Civil law – laws that relate to disputes b/w private parties (ex. Law suits, divorces, custody, contract violations, etc).

10. The jury system The grand jury consists of 6-23 people who hear a prosecutor’s evidence to decide if there is enough evidence to merit a trial against the accused. The smaller the jury, the higher the percentage who must vote for a trial. B/c the grand jury system is expensive, for minor offenses over ½ of the states simply require a prosecutor to file charges. The petit jury (or trial jury) consists of 6-12 members who hear the evidence + decide on a verdict. In some states a unanimous verdict isn’t required in minor cases. If the jury cannot reach a verdict (a hung jury), another trial takes place or the matter is dropped. In some states, minor cases may have a bench trial (when a judge decides the case). Potential jurors are drawn on records from the DMV, utility bills, or county taxes. End Section 4

11. Different types of courts Probate involves the distribution of the estate of people who have died. Magistrates’ courts (urban areas) + Justices of the Peace (rural areas) - handle minor civil complaints + misdemeanors. They may issue certain types of warrants, perform marriages, + other minor duties. Municipal courts – Handle city-wide cases involving minor civil cases + misdemeanors. Often divided into divisions (traffic, small claims, probate, etc). Juvenile courts – hear cases involving minors (under 18) except under extenuating circumstances. Usually emphasize rehabilitation more than punishment. General trial courts – hear most of the more important civil + criminal cases in the US. Appellate Courts – hear cases on appeal to ease the burden of the Supreme Courts. They don’t have another trial, but review the facts of the case + hear oral arguments. The State Supreme Court – the highest court in each state’s system. Unless the case involves a question of federal law, the case can go no further. End Section 5

12. Counties A county is a major unit of local gov.’t in most states (some states don’t have counties – ex. Rhode Island. Louisiana has parishes + Alaska has boroughs). In the South + West, counties are the major units of gov.’t in rural areas, but in the Northeast, they serve as little more than judicial districts. The structure of county gov.’ts varies but typically it’s led by a county board who are popularly elected. They usually have both legislative + executive powers. Some other typically elected county officials include the sheriff, clerk, assessor, district attorney, auditor, coroner, treasurer, + school superintendent. They do many things like levy taxes, manage jails, administer welfare programs, maintain roads, + appoint many county officers. Ch 25 – Local Gov.’t and Finance Thomas Wilson

13. Towns + townships Special districts Common in the Northeast + Midwest. Includes the town + the rural area around it. Provides many of the services that counties do in other parts of the country. Most still have annual (or more frequent) town meetings. An independent unit created to perform one or more related governmental functions at the local level. Often created due to the need of a particular service in a wider or smaller area than that covered by a county or city. Also created b/c other local gov.’ts didn’t provide the service desired. Ex. – Anderson School Districts 1,2,3,4,+5. End Section 1

14. Cities In 1790, only 5% of Americans lived in cities, today over 80% live in cities + their suburbs. This change was due to advances in technology + transportation. Whereas counties are formed primarily to serve the administrative needs of the state, cities are formed for the convenience of those who live in it. Cities can provide more services. For a city to be formed they must meet state requirements (usually concerns population). Cities lay out their basic laws in charters (kind of like a constitution).

15. Types of city gov.’ts Mayor Terence Roberts 1. Mayor-Council gov.’t – the oldest + most common type. The mayor serves as chief executive + the council as the legislative body. The council is popularly elected for 1-6 yr terms. The mayor is either elected or one of the council members is chosen to serve as mayor. In a strong-mayor gov.’t, the mayor heads the city’s administration, usually has veto power over the council, can hire + fire employees + prepares the budget. In a weak-mayor gov.’t, the mayor shares administrative duties w/ other elected officials, seldom has the veto, + shares the powers of appointment, removal, + budget w/ the council (or only the council has those powers). 2. Commission gov.’t – consists of 3-9 commissioners, each elected to head a department. 1 is chosen to act as mayor, but has no extra authority. The commission has all executive + legislative powers. 3. Council-Manager gov.’t – has a weak elected mayor, a strong council w/ legislative power, + a manager chosen (+ can be fired) by the council to administer their policies.

16. City zoning Cities are divided into zones in order to ensure proper growth. There are typically 3 types of zones: Residential Commercial Industrial Limits may also be place on what types of structures may be built, how big they may be, + where they may be built. End Section 2

17. State + local services Education – most expensive service provided (over 1/3 of all state budgets). Primary financial responsibility is the local gov.’ts w/ some state aid. States set many of the standards however (teacher qualifications, standards, testing, etc). Also, the state helps fund universities (but not private colleges). Public Welfare – includes health programs (Medicaid), welfare programs, + others (pollution laws, inspections, licensing, etc). Public Safety – police + prisons. Highways – build + maintain roads, set speed limits, license drivers, + some states require vehicle inspections. Other services – (parks, firefighting, etc.) vary due to budget, geography, + other factors. End Section 3

18. State + local tax limits The US Constitution restricts things that the states may tax such as: Interstate + foreign commerce The federal gov.’t + its agencies Limits imposed by the 14th Amendment (taxes must be imposed fairly, not be so heavy as to confiscate property, be imposed for public purposes, + not be based on things like religion, race, etc). State constitutions also set their own limits. The states limit the local gov.’ts. Most states exempt religious + non-profit organizations.

19. Sources of tax revenue Sales tax – taxes placed on goods which may be a general tax or a selective tax. They are regressive taxes (taxes that are not levied based on a person’s ability to pay). Income tax – tax levied on the income of the individual +/or corporation. It is a progressive tax (taxes that are based on a person’s ability to pay). Property tax – taxes levied on either real property (land, buildings, etc) or on personal property (cars, stocks, bank accounts, etc). For most states, this is their chief source of income. Inheritance or Estate tax – (or “death tax”) an inheritance tax is levied on the beneficiary’s share of the estate, while an estate tax is on the estate itself. Business taxes – states tax businesses in many ways such as licensing, capital stock taxes (based on the value of a company’s stock), + taxes for removing natural resources (like timber, minerals, oil, fish, etc). Others – include paycheck taxes, amusement taxes (theaters, sports events, etc), license taxes, etc…

20. Non-tax sources of revenue Grants from the federal gov.’t Toll roads/bridges Some cities operate their own water, electric power, +/or bus systems Rent office space, housing projects, etc Court fines Sale/lease of public lands Interest from loans Investments Lotteries Borrowing – usually by selling bonds End Section 4