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State Government

State Government. Chapter 12. The Federal System. Section 1. Origins of the Federal System. Originally, each of the 13 colonies behaved like individual countries. Each had its own Constitution Government Laws Articles of Confederation Weak and Ineffective.

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State Government

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  1. State Government Chapter 12

  2. The Federal System Section 1

  3. Origins of the Federal System • Originally, each of the 13 colonies behaved like individual countries. • Each had its own • Constitution • Government • Laws • Articles of Confederation • Weak and Ineffective

  4. The Constitution and Federalism • Balances the powers of the states with the need for a strong central government. • Central too strong – Tyranny (King George) • States too strong – chaos (Articles of Confederation)

  5. Rights and Powers of the States • Can’t be divided or merged without consent • National Guard, under control of governor • Constitution only lists what the states may NOT do: • Treaties with foreign countries • Declare war • Keep an army • Issue money • Tax imports • Take away certain civil liberties

  6. Reserved Powers • 10th Amendment • States have all powers NOT given to the national government or denied to the states

  7. Federal Supremacy • Concurrent Powers – shared by the states and the national government • Article VI of the Constitution – supremacy clause • Laws of Congress are “the supreme law of the land” • McCulloch v. Maryland – when state and federal powers conflict, federal wins

  8. States’ Rights v. Nationalists States’ Rights Nationalists The people created both national and state governments Powers of national government expanded to carry out people’s will “Necessary and Proper” clause in the Constitution Power of the national government has increased over time • States created national government • Therefore, all national power should be limited • States are closer to the people • Better reflect people’s wishes • People identify more closely with state and local gov.

  9. Governmental Cooperation • State and national government cooperate in a wide range of programs • Highways, education and welfare • Article IV of the Constitution • States must give “full faith and credit” to laws of other states • Every state must have a “republican form of government”

  10. Governmental Cooperation • Federal Government will defend the states from invasion and domestic violence. • States conduct elections for federal offices. • No Amendment can be added to the Constitution unless 3/4 of the states approve it.

  11. State Constitutions • Separation of powers – Three Branches • Bill of Rights • Establish Local Governments • Regulate raising and spending of money • Establish independent state agencies • Highest law in the state • Cannot clash with the US Constitution • Generally much longer than the US Constitution

  12. The State Legislative Branch Section 2

  13. Makeup of Legislatures • Vary in name and size • All (except Nebraska) are bicameral • Senate and House of Representatives • Similar Qualifications to US Congress • Responsibilities have increased over time

  14. How State Legislatures Function • Works much like the US Congress (Chapter 6)

  15. Legislative Apportionment • Based on population (Census every 10 years) • Originally, senate districts were based on area and house based on population • Area-based districts often produce unequal representation • Changed in the 60s • Baker v. Carr – 1962 • Reynolds v. Sims – 1964

  16. Problems Facing States • Americans demand more of their government – better service, and more programs • Have to raise taxes to afford these things • State legislators face a serious problem: • If they vote to raise taxes, may not be re-elected • Cutting essential services is unwise and irresponsible • Under increasing pressure…

  17. The State Executive Branch Section 3

  18. Office of the Governor

  19. Powers and Duties of the Governor • Judicial Leader • Ceremonial Leader • Chief Executive ( Most important) • Chief Legislator • Commander-in-Chief of the National Guard • Party Leader

  20. Executive Departments • Secretary of State • Attorney General • Treasurer • Auditor • Executive Departments, Agencies , Boards and Commissions

  21. The State Judicial Branch Section 4

  22. State Court System

  23. Lower State Courts • Justices of the Peace – Justice Courts for Rural Areas and Small Towns • Handle misdemeanors • Magistrate Courts or police courts • Minor cases • Civil cases of less than $1000 • Municipal Courts • Traffic • Juvenile • Small Claims Court

  24. Higher State Courts • General Trial Courts • Handle feloniesand civil cases involving large sums of money • Appellate Courts • Review decisions made by trial courts • No juries – panel of judges to decide if the defendant had a fair trial • State Supreme Court • Court of last resort • Decisions are final unless they involve federal law or the US Constitution

  25. Selection of Judges • Popular Vote • Elected by State Legislature • Governor appoints (with legislature’s approval) • Missouri Plan

  26. Electing Judges For Against Judges too concerned about popularity of their decisions Voters don’t know enough about the candidates • Ensures government “of the people, by the people and for the people”

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