Chapter 12 – State Chapter 12 – State GovernmentGovernment

12.1 – The Federal System12.1 – The Federal System12.2– The State Legislative Branch12.2– The State Legislative Branch12.3– The State Executive Branch12.3– The State Executive Branch12.4 – The State Judicial Branch12.4 – The State Judicial Branch

The Constitution and The Constitution and FederalismFederalism

The Constitution of the The Constitution of the United States creates a United States creates a system of government system of government known as federalism, known as federalism, where the national where the national government and the government and the states governments states governments share the power.share the power.

The writers of the The writers of the Constitution wanted to Constitution wanted to ensure that no one level ensure that no one level of government could of government could become too powerful.become too powerful.

The Constitution and The Constitution and FederalismFederalism

The Constitution protects the states in many waysThe Constitution protects the states in many ways Each state is largely free to govern itself – “full faith Each state is largely free to govern itself – “full faith

and credit” promotes cooperationand credit” promotes cooperation Examples: The government cannot divide or split states in Examples: The government cannot divide or split states in

way, the states have the right to maintain there own way, the states have the right to maintain there own militias (National Guard), create marriage/divorce laws, militias (National Guard), create marriage/divorce laws, establish their education systems, etc.establish their education systems, etc.

The Constitution and The Constitution and FederalismFederalism

National LawsAre the “Macho

Nacho Taco”

“Full faith andCredit” encourages

Cooperation

ConcurrentPowers areBoth (state/

federal)

Reserved Powers are

Only for states10th

Constitution Limits the Power of

States

State/Federal Governments Share power

Federal System

Reserved PowersReserved Powers

The 10The 10thth Amendment Amendment gives states gives states additional powersadditional powers ““states may exercise states may exercise

all powers not given all powers not given to the federal to the federal government or denied government or denied to the states”…to the states”…

In other words, states In other words, states can reserve the right to can reserve the right to control certain things control certain things such as marriage laws, such as marriage laws, education and elections education and elections without government without government interference.interference.

Federal SupremacyFederal Supremacy

The Constitution The Constitution grants concurrent grants concurrent (both) powers to (both) powers to the federal and the federal and state governments.state governments. Examples: imposing Examples: imposing

income taxes, income taxes, borrowing/spending borrowing/spending money, establishing money, establishing courts, courts, enacting/enforcing enacting/enforcing laws.laws.

Federal SupremacyFederal Supremacy Article VI (LEJ RAArticle VI (LEJ RASSR) – states that if any R) – states that if any

conflict arises between the states and the conflict arises between the states and the federal government the federal government federal government the federal government will always win. will always win.

AKA -- “The Supremacy Clause” – Macho AKA -- “The Supremacy Clause” – Macho Nacho TacoNacho Taco

State ConstitutionsState Constitutions Every state has the Every state has the

right to create their right to create their own constitutions.own constitutions.

The ideas and laws that The ideas and laws that govern the states differ govern the states differ from one to another – from one to another – but that’s what make but that’s what make federalism so great and federalism so great and the states so distinctthe states so distinct

There are many There are many similarities: separation similarities: separation of powers, bill of rights, of powers, bill of rights, outlines terms of office, outlines terms of office, elections, etc.elections, etc.

State Legislative BranchState Legislative Branch Creating laws at the Creating laws at the

state level is very state level is very similar to creating laws similar to creating laws at a national level.at a national level. The speaker of the house The speaker of the house

directs the directs the bills/discussions in the bills/discussions in the HOR; the HOR; the Lieutenant Lieutenant GovernorGovernor functions as functions as the President of the the President of the Senate and does the Senate and does the same.same.

Similar to the national Similar to the national infrastructureinfrastructure

Must pass through both Must pass through both houses and be signed by houses and be signed by the Governor to become the Governor to become lawlaw

State Legislative BranchState Legislative Branch Every state, except for Every state, except for

Nebraska, has a Nebraska, has a bicameral legislature bicameral legislature consisting of an upper-consisting of an upper-house (senate) and a house (senate) and a lower-house (HOR)lower-house (HOR)

The main job of state The main job of state legislators is to create legislators is to create new laws for the new laws for the STATESTATE based on the based on the needs of their needs of their constituentsconstituents

State Legislative BranchState Legislative Branch

Terms:Terms: Senators serve 4 yearsSenators serve 4 years Representatives serve 2 yearsRepresentatives serve 2 years

Requirements:Requirements: American citizenAmerican citizen Live in the district your representLive in the district your represent Reps. Must be at least 18 years oldReps. Must be at least 18 years old Sen. Must be between 18-30 years oldSen. Must be between 18-30 years old

State Legislative BranchState Legislative Branch Every ten years there is a Every ten years there is a

census takencensus taken This determines populationThis determines population Congressional districts are Congressional districts are

determined by the number determined by the number of people in a given areaof people in a given area

Historically, senate districts Historically, senate districts were were apportionedapportioned, or based , or based on land area. This caused on land area. This caused malapportionment, malapportionment, which which means unequal means unequal representation.representation.

Reynolds v. SimsReynolds v. Sims – ruling – ruling stated apportionment must stated apportionment must be based on population be based on population rather than land area.rather than land area.

State Executive BranchState Executive Branch

Similarly to the Similarly to the federal federal government, each government, each state has a chief state has a chief executive known as executive known as the the GovernorGovernor..

Their main job is to Their main job is to enforce the state enforce the state laws and carry out laws and carry out the business of the the business of the state.state.

State Executive BranchState Executive Branch Requirements to be Requirements to be

Governor/Lt. Governor/Lt. Governor:Governor: American citizenAmerican citizen At least 30 years oldAt least 30 years old Resident of the state Resident of the state

for 5 yearsfor 5 years Most have been Most have been

elected to other public elected to other public offices before or have offices before or have been active in state been active in state politics, although this politics, although this is not a requirementis not a requirement

State Executive BranchState Executive Branch Powers and DutiesPowers and Duties

Create budget Create budget Act as chief legislatorAct as chief legislator Veto Power “Line Item Veto” – this means that the Governor can Veto Power “Line Item Veto” – this means that the Governor can

veto certain parts of bills; the President does not have this veto certain parts of bills; the President does not have this powerpower

Judicial Powers “Commute” – reduce criminal sentencing, Judicial Powers “Commute” – reduce criminal sentencing, pardon individuals, and reduce parolepardon individuals, and reduce parole

Most important job: chief executiveMost important job: chief executive Carries out the laws of the stateCarries out the laws of the state To help with this job, the governor creates a large bureaucracy (a To help with this job, the governor creates a large bureaucracy (a

group of agencies – similar to the President’s Cabinet) that help group of agencies – similar to the President’s Cabinet) that help maintain state functions.maintain state functions.

State Judicial BranchState Judicial Branch The federal court system The federal court system

that we learned about that we learned about earlier only deals with a earlier only deals with a small percentage of small percentage of American legal mattersAmerican legal matters

Most legal proceedings Most legal proceedings that arise within a state that arise within a state will fall under state legal will fall under state legal jurisdictionjurisdiction

The main job of state The main job of state courts is to interpret courts is to interpret and apply state and local and apply state and local laws.laws.

State Judicial BranchState Judicial Branch

Selection of JudgesSelection of Judges Each state has their own process for choosing Each state has their own process for choosing

judges/justicesjudges/justices Some states have appointed judges, other have elected Some states have appointed judges, other have elected

judges. Why are the benefits to both? Drawbacks?judges. Why are the benefits to both? Drawbacks? State judges serve anywhere from 6-12 year terms; this is State judges serve anywhere from 6-12 year terms; this is

because they must be shielded from public opinionbecause they must be shielded from public opinion State judges can also be impeachedState judges can also be impeached

State Judicial BranchState Judicial Branch

The state courts The state courts are organized in a are organized in a tiered fashiontiered fashion

State Supreme

Court

Appellate Courts

Panel of judges reviewDecision of lower courts

General Trial Courts

Judges/Juries hear criminal And civil cases

Lower CourtsJustice Courts

Magistrate CourtsMunicipal Courts

Handle Misdemeanors(traffic violations, civil case

Less than $1,000, etc.)

Handle felony cases or civil casesInvolving large sums of money

Can overturn ruling ofLower court if necessary

Supervises all lower courtsHear appeals cases

Makes FINAL rulings