Chapter 8: State Governments

STATE LEGISLATORS IN GENERAL Qualifications

(in most states) requires you be a U.S citizen and live in the district you represent

Elements of a state constitution

-preamble - bill of rights - an outline of the organization of the state government and duties of the branches, - provisions for all elections, including qualifications citizens must meet for voting and rules for conducting elections - provisions for managing state affairs (education, law and order, transportation, and finance) - amending the constitution

Steps of an Initiative

1. Citizens write a petition ( get required number of people to sign petition) 2. If enough people sign, proposition appears on ballot in next general election

How many states limit the number of terms for state legislatures?

16 states

State Representative Qualifications/Terms

21+ yrs of age, and generally serves 2 yr terms

State Senator Qualifications/Terms

25+ yrs of age, and serves 4 yr terms

Bill Procedure

A Bill Is Introduced- A member of either house may introduce a bill. bill assigned # and is sent to the appropriate committee. The Bill Is Sent to Committee- In the next phase, the legislative committee decides whether or not to hold a hearing on the bill. The Bill Reaches the Floor- If the committee passes bill, full house then considers it.(more amendments may be offered.) If amendments are passed, become part of the bill. Bills that pass are signed by presiding officer are sent to the second house. The Bill Is Sent to the Second House- (goes through the same steps) Bills that pass only one house will not become law. If both houses pass a bill in the same form, it is then sent to the governor to be signed. Frequently, however, both houses pass the bill, but in different forms. In this case, the bill is sent to a joint-conference committee to resolve the differences The Bill Is Sent to a Joint Conference Committee- Joint conference committees are made up of members from both houses. Committee members try to reach a compromise version of the bill that will be accepted by both houses. The Bill Is Sent to the Governor The final step in making a state law is to send the bill to the governor. If the governor signs the bill, it becomes a law. However, the governor may veto a bill he or she does not support. In most states the governor also has the power to veto only one part, or item, of an appropriation bill. This power is called an item veto. The legislature can pass a bill over the governor's veto by a two-thirds vote in each house.

How can citizens take direct action in legislation and state government?

Citizens can have their voices heard, and reach out to state legislatures to make sure that their plans of action are taking place. For instance, if the residents of an area want to build a playground, they could start an initiative.

What types of courts exist in most states, and what does each do?

General Trial Courts- hear ALL civil and criminal cases (includes small claims court and superior court cases) Appeal Courts-review cases from trial courts State Supreme Courts- highest court in the state judiciary system

Which method of selecting state court judges do you favor? Explain your reasoning.

I favor the Missouri Plan because it allows both citizens and judges to participate in the election process

Why is it necessary for states to work with other states? Give examples to support your answer.

It is necessary for states to work with other states because we have to be able to keep order in our society, and this cannot be done unless we work together. For example, if a person robs a bank in Alabama but flees to Wyoming to avoid persecution, Wyoming would have to return the fugitive (in a process called extradition) for trial. Other examples may include projects between two states, such as building bridges between a river. States may also join with other states in regional groups to work together to reduce water and air pollution.

general trial courts.

Major criminal and civil cases are handled; judge and jury, and some trial courts deal with civil cases and some deal with criminal cases

Where is most of the work done in Congress?

Most of the work is done in committees

Which state has a unicameral government?

NEBRASKA!!

In what ways is the power of the state chief executive limited?

One way the powers of the state chief executive is limited is because he can only appoint members for the cabinet in his state. Also, the governor shares power with his cabinet members, and he can't pass laws

What kinds of projects or programs are most likely to involve states working with the federal government? Give examples to support your answer.

Projects and programs in which states need funding aid may be an opportunity to work with the government, or to provide services for the citizens. For example, in 2005, when Hurricane Katrina hit a large area of the U.S Gulf Coast, President Bush announced that the federal government would work with state and local governments to help provide housing, job training, and medical aid to the victims of the hurricane.

How is the governor a political party leader?

State senators and representatives within the governor's party often model their opinions and policies after the governor's.

How can states and the federal government work together?

States and the federal government can work together by sharing costs of social services to the people, like building highways, assisting the unemployed, helping people with low incomes, and conserving natural resources.

True of False? Only state legislators can pass laws

TRUE

What amendment of the U.S Constitution guarantees power for the states?

The Tenth Amendment says that any powers not given to the federal government belong to the states

Who heads the state executive branch, and what are three roles he or she plays?

The governor heads the state executive branch, and he is the chief executive, chief legislator, and political party leader for that state. BY being the chief executive, the governor has the power of budget, power to make appointments, and power to supervise state employees. Chief legislator encourages laws to happen, and all other people within the gov's political party model their opinions after the governor.

Who is the chief executive of each state?

The governor is the chief executive of each state

Some states do not have provisions for citizen initiatives and recall. What arguments can you think of for not having initiative and recall?

The initiative may cause too much havoc, because if multiple citizens are fighting with each other to try to petition to build the new playground mentioned before, and other people want a skate park instead, there can be a rivalry that may take place right within the town. Recall may not be a good idea because a rich millionaire may pay money to recall an official they hold a grudge on.

Who presides over the Senate?

The lieutenant governor presides over the state Senate.

What does the presiding officer do?

The presiding officer in each house appoints members of committees.

What is the term for the powers granted to state governments, and what are two examples of some of those powers?

The term for powers that are granted to state government s is called reserved powers. Some examples of these powers include establishing and maintaining public schools, taking charge of ALL ELECTIONS, creating marriage laws, regulating businesses within the state, and establishing local governments.

Initiative

a process in which citizens are able to start new legislation

When can the federal government provide aid for states?

after a natural crisis, like hurricanes, tornadoes, floods, and earthquakes, the federal gov. can work with the local government to provide housing, job training, and medical aid. FED GOV CAN ALSO TAKE ON THE TASK OF INCREASING SECURITY (for example after 9/11 it was the fed's job to increase security nationwide.

Lieutenant Governor

becomes head of the state executive branch if governor, is impeached, dies, or resigns.

Superintendent of Public Schools

carries out policies of the state board of ed., and distributes funds

Governor

chief executive of each state

Who elects state lawmakers (aka state legislators)?

citizens

Constituents

citizens from whom legislatures welcome input and information from

Appeals courts

courts in which cases are reviewed by judges

Criminal Cases

deals with individuals who violate the penal code

Civil Cases

disputes between individuals/businesses/the government

municipal courts (city courts)

divided into courts that handle specific types of cases. For example, traffic courts hear cases involving traffic violations

Bicameral

divided into two houses

justice of the peace

elected official who presides over a justice court

State Auditor (Comptroller)

ensures no public funds from state treasury are used w/o authorization

Full faith and credit clause

ensures that each state will accept the decisions of civil courts in other states (acceptance of state official records, like marriage certificates, birth certificates, wills, contracts, and property deeds)

small-claims courts,

handle cases involving less than $5,000. No lawyers are needed.

Lower Courts

hear minor cases, including misdemeanor criminal cases and civil cases involving small amounts of money. conducted w/o jury.

State supreme court

highest court in most states. Decisions on state law by the state supreme court are final.

Attorney General

in charge of state's legal businesses/matters concerning laws; represents state in court when state is involved w a lawsuit, and may help local officials in persecuting criminals.

Patronage

jobs that are given to people recommended by political party leaders.

Secretary of State

keeps state records and carries out election laws; in states w/o lieutenant govs, sec of state is second in line.

Examples of concurrent powers

maintaining law and order, levying taxes (including property, sales, and income tax), borrowing money, charter banks, establish courts, oversee public/health safety, enforce laws.

Referendum

method of referring potential laws directly to the people for approval

The Missouri Plan

method of selecting judges; committee of judges, lawyers, and ordinary citizens prepare list of qualified judges. Gov appoints a judge from this list and the judge then faces voters in the next election.

Unicameral

one house legislature

State legislatures may vote to...

pass a bill, change it, or reject it

Delegated Powers

powers given to the federal government

Reserved Powers

powers given to the states

Recall

process of removing elected officials from office (voters sign a petition, and then vote in a special election)

Extradition

returning fugitives to the state where they committed the crime

Examples of reserved powers

rules for health, safety, welfare for citizens, marriage, driving laws, traffic regulations, establishing and maintaining schools, establishing local governments, regulating businesses in the state, and ALL ELECTIONS

Penal Code

set of criminal laws

Concurrent Powers

shared powers between the state and fed. government

State legislatures vary in...

size, qualifications for members, and salaries for members.

What lists all the qualifications for being a governor?

state constitution

In the 1964 case of Reynolds v. Sims, the U.S. Supreme Court ruled that...

state election districts must be equal in population

State Treasurer

supervises collection of taxes and pays state's bills

What does the department of human services do?

supervises programs that help people who are disabled, poor, or unemployed.

Federalism

the division of power between federal and state governments

Item Veto

the power to veto only one part, or item, of an appropriation bill.