State and Local Government

24:1 State Constitutions

Purpose of State Constitution• Supreme Law of the State• Sets up organization of State’s government• Distributes power among branches of State

government• Supremacy Clause- must not conflict with any

form of federal law

Basic Principles of State Constitutions

1. Popular sovereignty and limited government– Must act with consent of the people and within

defined boundaries– All states have 3 branches with checks and balances

2. Protection of Civil Rights– All have a Bill of Rights

3. Structure– Every state divides power between State and Local

Basic Principles of State Constitutions

4. Powers and Processes– Outline powers and

duties of each branch

5. Constitutional Change– Details how

constitution can be amended

Georgia’s Constitution• It is the governing document

that explains the laws, governmental offices, and citizens rights and responsibilities in the state of Georgia.

• We’ve had 10

What is the Georgia state constitution?

Georgia’s Constitution• Structure of the Georgia state

constitution:– Preamble (Introduction)– Articles (11 main articles)

–Sections–Paragraphs

What is the basic structure of the Georgia state constitution?

Georgia’s Constitution• Article I: Bill of Rights• Article II: Voting & Elections• Article III: Legislative Branch• Article IV: Constitutional Boards &

Commissions• Article V: Executive Branch• Article VI: Judicial Branch• Article VII: Taxation & Finance• Article VIII: Education• Article IX: Counties & Municipal

Corporations• Article X: Amendments to the

Constitution• Article XI: Miscellaneous Provisions

What is the basic structure of the Georgia state constitution?

Structure of U.S. Government

Structure of Georgia Government

State Capital

Governor’s Mansion

State Supreme

Court

General Assembly

Governor Lieutenant Governor

Notice the

similarities between

the structure of the

national and state

governments.

24:2 State Legislatures

How are State Legislative Branches Organized?

• Job: Make Laws• 49 are bicameral with a Senate and a lower house• Qualifications set by State’s constitution• Elected by popular vote• Term lengths 2-4 years• High turnover• 43 meet annually, 6 biannually, CA continuous 2 year session

State Legislative Powers• Pass new laws, amend old laws, do away with old

laws• State Law topics:

– State Taxes (income, sales)– Education (Common Core? Charters? Governor take

over failing schools?)– Property (DOT-eminent domain)– Define crimes, set punishments (death penalty?)– Regulation of business and professions (tax codes,

teacher certifications)

State Police Powers

• Power to safeguard the well being of the people of the State

• Power to protect and promote– Public Health (immunizations, pollution, alcohol)– Public Safety (traffic laws, DUI, weapons)– Public Morals (prostitution)– General Welfare (education, aid to needy)

Reapportionment• State legislatures responsible for

reapportionment every 10 years based on census

• State and Federal• Gerrymandering-drawing election districts to

support a particular group

How a Bill becomes a Law in GA• Must be introduced in either House or Senate

– Appropriations bills MUST originate in House• Sent to committee• Same version of bill must pass both houses• Sent to governor for signature/veto

Structure of Georgia GovernmentExecutive Branch Legislative Branch Judicial Branch

Carries out the laws. Makes the laws. Evaluates or reviews the laws.

Governor: Nathan Deal (Republican) 82nd Governor

Lieutenant Governor:Casey Cagle (Republican)

Also includes the head officials of these departments:Department of Agriculture, Attorney General, GA Insurance and Safety Fire Commissioner, Public Service Commission, Secretary of State, and State School Superintendent.

General Assembly

House of Representatives: 180 members representing the citizens of Georgia.

Senate: 56 members representing the citizens of Georgia.

Courts at the state, county and city levels.

Supreme Court

Juvenile Courts

Court of Appeals

Superior Courts

Probate Courts

Magistrate Courts

GA’s 153rd General Assembly• Elected by popular vote• No term limits• 2 year terms• 40 legislative day sessions each year January-March• Single voting districts apportioned/reapportioned based on

population• $17,000• Qualifications

– 2 year US and GA citizen– 1 year GA resident– Senators 25 years old– Representatives 21 years old

Georgia House of Representatives

Richmond Hill164th DistrictRon Stephens

Georgia’s Senate

RH SenatorDistrict 1Ben Watson

GA General Assembly Committees

• Organized like Congress• Bills begin in House or Senate and sent to

committee• Standing Committees- permanent (26/36)• Interim Committees- temporary, special tasks• Conference Committee- works on compromise

bills of House and Senate• Members serve on several committees

Committees• Ben Watson Senate Committees

– Economic Development and Tourism - Vice Chairman– Ethics - Member– Health and Human Services - Member– Public Safety - Member– State Institutions and Property - Secretary

• Ron Stephens House Committees– Appropriations - Member– Economic Development & Tourism - Chairman– Rules - Member– Ways & Means - Member

24:3 Governors and State Administration

The Governorship

• State’s Chief Executive• State’s Constitution sets formal qualifications

and terms• Chosen by popular vote in all states

– Plurality wins in most states– Majority needed in GA or go to run-off

• Lt. Governor succeeds in 43 states• Can be impeached or recalled

Governor’s Executive Powers• Appointment and Removals

– Appoint cabinet/judges to carry out and interpret law

• Supervisory Powers– Make sure laws/policies are enforced by state

agencies• Budget Making

– Prepare a yearly budget• Military Powers

– Commander in Chief National Guard

Governor’s Legislative Powers

• Message Power– Recommend and influence legislation

• Special Sessions– Call legislature into special session in

extraordinary situations• Veto Power

– Same as President– Some states have line item veto- can strike down

part of a bill and it passes w/o going back to H/S

Governor’s Judicial Powers• Some might be sole power of a governor, or a

shared power with a board such as a parole board– Clemency- showing leniency, mercy– Pardon- release one from legal consequences of a

crime– Commutation- reducing a court’s punishment– Reprieve- postponing an execution– Parole- early release of a prisoner

Other Executive Departments• Unlike the President’s cabinet, Governors

share their power with other elected executive officers.

• State Secretary of State– Chief clerk and record keeper

• State Treasurer– Tax collector, payroll, and bill payer

• State Attorney General– Legal advisor to stat’s officers, represent State in

court, oversee work of local prosecutors

Structure of Georgia GovernmentExecutive Branch Legislative Branch Judicial Branch

Carries out the laws. Makes the laws. Evaluates or reviews the laws.

Governor: Nathan Deal (Republican) 82nd Governor

Lieutenant Governor:Casey Cagle (Republican)

Also includes the head officials of these departments:Department of Agriculture, Attorney General, GA Insurance and Safety Fire Commissioner, Public Service Commission, Secretary of State, and State School Superintendent.

General Assembly

House of Representatives: 180 members representing the citizens of Georgia.

Senate: 56 members representing the citizens of Georgia.

Courts at the state, county and city levels.

Supreme Court

Juvenile Courts

Court of Appeals

Superior Courts

Probate Courts

Magistrate Courts

Georgia GovernorNathan Deal

• Republican• 4 year term, 2 consecutive allowed• Elected by popular vote• Qualifications

– 30 years of age– 15 year US citizen– Resident of GA for 6 years

Georgia Lieutenant GovernorCasey Cagle

• Succeeds governor if resigns or dies• Elected by popular vote SEPARATELY from the

Governor• 4 year term, unlimited consecutive terms• Presides over GA Senate• Qualifications-same as Governor

Other GA Executive Officers• Elected by popular vote• 4 year terms

– Attorney General-Sam Olens– Commissioner of Agriculture- Gary Black– Commissioner of Labor-Mark Butler– Commissioner of Insurance- Ralph Hudgens– Secretary of State- Brian Kemp– State School Superintendent- Richard Woods

• 6 Year Terms– 5 Public Service Commissioners– Our area is Doug Everett

24:4 State Courts

State Court Laws• Constitutional Law

– Interpret the state constitution/judicial review/protect citizen’s rights

• Statutory Law– Enforces the laws of the states

• Common Law– Unwritten judge-made law that has developed over centuries

• Criminal Law– Offenses against public order, and punishments

• Civil Law– Disputes between people or between people and the State

• Felony– Serious crime punishable by heavy fine, lengthy imprisonment,

death• Misdemeanor

– Less serious crime punishable by light fine, short imprisonment

State Juries• Grand Juries

– 6-23 people– Hear from prosecutor and witnesses, can ask

questions– determine whether the evidence against a person

charged with a crime is sufficient to justify a trial– Used only in criminal proceedings– Whole thing done in secret

• Petit Juries– The trial jury– 6-12 people– May/may not have to be unanimous verdict

Georgia’s Supreme Court• Highest court in GA• Elected by popular vote• 6 year terms• 7 justices• Chief Justice chosen by other justices

GA Court of Appeals

• 2nd highest court in GA• 12, Chief Judge rotates every 2 years• Reviews cases on appeal from lower courts• No jury, witnesses, etc.• Determine whether the law was correctly

interpreted in the lower court

Georgia Trial Courts

• 5 Trial Level Courts– Magistrate– Juvenile– Probate– State– Superior

• Municipal Courts– 350 state wide– Traffic, local ordinances, issue warrants

Local Government: Bryan County• County Commission System• County Seat-Pembroke• 1 Chairman + 5 County Commissioners• Chairman-Jimmy Burnsed• County Administrator-Ben Taylor• The Board of Commissioners is ultimately responsibility for policy making and

executive decisions concerning county government. The Board secures advisory assistance in this policy making role and administrative assistance in an executive role for day to day operations through a County Administrator. The county administrator normally has direct control over department heads and the approved county budget. The board of commissioners has the authority to appoint or remove the county administrator.

• Meet once/month• Elected to 4 year terms which are staggered• Bryan County Sheriff- highest elected official in Bryan County

– Clyde Smith

Local Government: RH

• Mayor and City Council– Mayor Harold Fowler– 4 City Councilmembers (Mr. Carpenter)– Elected to 4 year terms, staggered

• City Manager– Chris Lovell– The City Manager is the Administrative head of the city staff. He

supervises all departments. He negotiates on behalf of the city and signs contracts. He is involved in all facets of city government. He attends meetings and social functions as a representative of the city. It is his job to see that the Mayor and Council stay informed about issues that affect the city and to makerecommendations on a course of action.