Chapter 12 NotesChapter 12 NotesState GovernmentState Government

Bellwork• Define key terms on page 282

The Constitution and Federalism

• Framers of the Constitution created a federal system- federal and state governments share power

• Rules for the states: Can’t divide or merge, can have a National Guard, can’t declare war or make treaties, can’t issue its own money, can’t tax imports from other countries

• Each state can govern itself

Reserve Powers• The 10th amendment gives the states

reserve powers or powers not given to the National Government

• Responsible for public health, safety, and welfare of its citizens

• Set up law enforcement, build roads, regulate business, education, and organize local government.

Federal Supremacy• The Constitution grants concurrent

powers- powers shared by the states and federal governments.

• Powers are tax, borrow money, spend for general welfare, establish courts, make and enforce laws

• McCullough v. Maryland upheld that federal law takes precedence over state law.

Government Cooperation

• The federal government gives grants-in-aid to states to help with projects and programs

• Article IV requires states to give “full faith and credit” to all public laws

• Also requires states to have a republic form of government

• In return, states get to hold federal elections and vote on amendments added to the Constitution.

State Constitutions• Each state has its own Constitution• Every state has 3 branches like the federal

government• It explains how each branch is to operate• Also has a Bill of Rights• They establish local governments• Tells how to raise money• Establishes independent state agencies,

boards, and commissions like utilities, and state boards of education

Homework1. List 3 expressed powers, 3 concurrent

powers, and 3 reserved powers.2. What court cases upheld that the

federal government is over the state governments?

3. When does the federal government give money to the states?

4. How are the State Constitutions setup? 5. List 3 powers of the states.

Bellwork1. Each state has its own ________, which

sets up its own government.2. Powers that are given to the state are

called_________.3. Explain “full faith and credit.”4. Powers that are shared by the

National and State governments are called ____________.

Makeup of the Legislatures

• The legislatures vary from state to state in size• 49 states have a bicameral legislature

(Nebraska does not) they have a Senate and a House of Representatives

• In most states Senators are elected to 4 year terms and Representatives 2 year terms

• In most states members of the house must be 18 and the Senate ranges between 18-30

• Pay has gone up because the workload has gone up

Makeup of Alabama Legislature

• House of Representatives

• 105 members( 1 for every 40,000)

• 4 year terms• Must be 21 years old• Citizen of Alabama

for 3 years• Live in the district

for 1 year

• Senate• 35 members( 1 for

every 125,000)• 4 year terms• Must be 25 years old• Citizen of Alabama

for 3 years• Live in the district

for 1 year

How Each State Functions

• Each house has a leader• House- Speaker of the House• Senate- a president or Lieutenant

Governor• The majority party picks the Speaker of

the House and a president• If the state has a Lieutenant Governor

the people elect them

How Alabama Functions

Senate• The Lieutenant Governor is elected, by

statewide vote, every four years, and must be at least 30 years of age, when elected, and must have been a citizen of the United States for 10 years, and a resident citizen of the State of Alabama for 7 years, prior to election. The Lieutenant Governor can vote, on any matter before the Senate, only to break a tie vote.

How Alabama Functions

Senate• The President Pro Tempore (Latin,

"For A Time"), of the Senate, is elected, during each Organizational Session, from the ranks of the Senators to serve in the event of absence of the Lieutenant governor of the Senate

How Alabama FunctionsHouse of Representatives• The Speaker of the House is a

member of the body and is elected by his colleagues to serve as the presiding officer.

How Laws are Passed1) Bills are introduced2) Goes to a committee3) Goes to the full house for a vote4) Goes to the other house5) Goes to a committee6) Then a full house vote7) If passes in a different way then it goes to a

conference committee8) Both houses approve 9) Finally the Governor signs the bill

Legislative Apportionment

• Population is counted every 10 years• State legislature divides the districts• In some states house districts were drawn

based on population and Senate districts were drawn based on land

• 1962 Baker v. Carr ruled that federal courts can hear cases to force states to redraw districts

• 1964 Reynolds v. Sims ruled that all districts have to be apportioned based on population

Bellwork1) Define unicameral2) Who are the leaders of each

house in the legislature?3) How are House and Senate

districts drawn?4) What did the Supreme Court case

Reynolds v. Sims do?

The State Executive Branch

• Each state has an Executive Branch• And a chief executive called a

governor• They also have a number of

Departments and agencies that carry out the business of the state

GovernorsQualifications

1.2.3.

Election 1.

Terms 1.

Powers and Duties

1.2.3.4.5.6.

Qualifications• Must be 30• A resident of the state for 5 years• All states must be a U. S. citizen• Elected by the people• Serve 4 year terms

Qualifications for Alabama governor

• at least thirty years of age when elected• citizen of the United States ten years• A resident citizens of this state at least

seven years • Elected by the people• Can only serve 2 consecutive 4 year

terms

Powers and Duties• Chief Executive- carries out state

laws, appoints officials, prepares the budget

• Chief Legislature- Proposes legislature, approves legislature

• Judicial Leader- Offers pardons and reprieves, grants parole

Powers and Duties• Commander in Chief- In charge of

the State National Guard• Party leader- Leads his Political

Party• Ceremonial Leader- Greets

important visitors, represents the state

Bellwork1) Who is the leader of the State

Executive Branch?2) Define line-item veto.3) List 6 powers of the Governor

(things that he can do)4) What does the Attorney general

do?

The State Judicial Branch

• Lower Courts

• General Trials Court

• Appellate Courts

Lower Courts• Rural areas called justice courts• Judge is called Justice of the Peace• They handle less serious crimes

called misdemeanors• No jury

Lower Courts• Larger towns called magistrate

courts• Also hear minor crimes and some

civil cases if less than $1000

Lower Courts• Larger cities have municipal courts• They are divided into specialized

areas like traffic, juvenile, and small claims

• In civil cases they have a plaintiff- people filing the suit and a defendant- person being sued

General Trials• This is for people that are accused

of a major crime for example murder or armed robber

• A jury decides on the case• A judge makes sure the case is

being tried fairly

Appellate Court• Reviews decisions of the lower

courts• Has a panel of judges• Last resort for cases not involving

the U. S. Constitution is the state supreme court

Selection of Judges in Alabama

• Supreme Court • elected in partisan elections to six-year

terms on the court. • Civil and Criminal Appeals courts • elected in partisan elections to six-year

terms. • Municipal courts • appointed by the governing body of the

municipality for four-year terms