Civics & Government Lesson 13 work books

State Courts

The state Supreme Court is typically the court of last resort; it is an appeals court where a case may be tried for the last time. Lower appellate courts are intermediate appellate courts and the first courts in which a case can be retried. Trial courts, or court of first instance, are local courts that try most civil and criminal cases.

Judicial Branch

Who: State Supreme Court and state courts of appeal What they do: try cases involving violation of state laws, hear appeals of difficult cases Powers: correct errors made in lower courts, refer constitutional cases to US Supreme Court Notable variation: The highest court in Maryland and in New York is the Court of Appeals, not the state supreme court.

Executive Branch

Who: governor, lieutenant governor, secretary of state, attorney general, treasurer, various commissioners; labels for particular offices may vary What they do: approve and carry out state laws Powers: veto proposed laws, appoint administrators and (in most states) justices Notable variation: State Senate presidents in Tennessee and in West Virginia are also designated as lieutenant governors.

Legislative Branch

Who: senators and representatives (in all but one state, specific titles vary) What they do: create and pass laws Powers: legislative oversight and review, program performance and evaluation Notable variation: Nebraska has unicameral rather than bicameral legislative body.

Read the sentence. Three areas most of the 50 state governments are concerned with are _[blank]_. Which option correctly completes the sentence?

budget, education, and laws

Article I, Section 8

he Congress shall have power ...[...] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; [...] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Explanation: The federal government regulates interstate commerce and enforces the laws of the Constitution.

State Revenue Every state collects taxes as part of its revenue. Each state collects the majority of its tax revenue differently. These include

income tax property tax sales tax excise taxes (fuel, real estate, alcohol, tobacco, inheritance)

What is it called when private businesses are allowed to supply services that government has traditionally provided?

privatization

State Services

road construction health care information and programs prisons schools environmental conservation water and sewage delivery and treatment garbage collection police and fire protection

Privatization

road construction prisons schools (including charter and private) water and sewage delivery and treatment garbage collection

What is the lowest level of a state's court system?

trial courts

Inspection

Inspection allows the government to ensure that the business operation is safe for the public.

Which manual is used by most state legislatures for legislative proceedings?

Mason's Manual

Article I, Section 10

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. Explanation: Only the federal government can create a treaty with another country.

Amendment XIV

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Explanation: States cannot discriminate against citizens or take action against them without due process of law. Historically this has protected minority rights.

State Senate Leadership The State Senate is the upper house of a state's congress. The following positions are typically part of the leadership:

President - serves as the presiding officer of the state's Senate (in many states, this individual is also the lieutenant governor) oversees procedural issues announces senate voting results votes if there is a tie in the Senate President Pro Tempore - acts as the presiding officer of the Senate if the president is unavailable Majority Leader - sets the legislative agenda and oversees the chairs for committees Majority Whip - ensures that party members remain loyal to the party's politics; the senior member of the majority political party Minority Leader - ensures discipline of the minority party and enacts punishment, generally through demotion, if anyone strays from party politics Minority Whip - ensures that party members remain loyal to the party's politics; the senior member of the minority political party

The Governor

Qualifications be at least 30 years old in many US states, though most others specify 25 reside in state (some states specify minimum residency time, others do not) Tenure serve four-year terms, except in New Hampshire and Vermont (each two years) serve only one term in Virginia; governors can be re-elected in all other states Duties enact or veto legislation approve state budgets make appointments extend executive clemency (pardons) Specific Roles in Emergencies prepare for disasters prevent disasters, whenever possible respond to disasters recover from disaster

State House of Representatives Leadership The State House of Representatives is the lowest house of a state's congress. In some states, this body is called an assembly. The following positions are typically part of the leadership:

Speaker of the House - presides over procedure, which includes ruling on procedure, announcing House voting results, and moderating debate Speaker Pro Tempore - serves as the temporary presiding officer when the Speaker of the House is unavailable Majority Leader - sets the agenda for the floor of the House and oversees the chairs for committees Majority Whip - ensures that party members remain loyal to the political platform; usually a senior member of the political party with the majority of House seats Minority Leader - ensures discipline of the minority party and enacts punishment, generally through demotion, if anyone strays from party politics Minority Whip - enforces the adherence of lower party members to the minority party's political policies; a senior member of the political party with the minority of House seats

Other Revenue

State bonds - Some states sell bonds to raise revenue. Highway tolls - The collection of highway tolls allows the state to fund highway construction. State college tuition - Tuition helps maintain state-funded educational institutions.

Article V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Explanation: The states have the power to ratify amendments to the Constitution.

Amendment XI

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Explanation: State governments and citizens can sue other states in federal court.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Explanation: The states have the powers not assigned or delegated to the federal government. Historically, this has been somewhat unclear because of expressed powers and implied powers. Expressed powers are clearly named, such as the authority to regulate commerce "among the several states." Implied powers are linked to the needs of exercising the expressed powers, such as the authority to set a national minimum wage. It is sometimes unclear, however, whether a particular implied power should belong to the federal government or the states.

Board of Commissioners A board of commissioners for many US states is comprised of five to seven members. These members may be appointed by the governor or elected by popular vote. The following are examples of those that may serve on a state's board of commissioners. Commissioners also may represent a district within the state.

Commissioner of Insurance - regulates the state's insurance industry Commissioner of Labor - ensures labor laws are followed Agriculture Commissioner - enforces regulations that safeguard health and safety of state food supply Superintendent of Education - supervises the state's public school system Land Commissioner - oversees state land and natural resources

Secretary of State There is a secretary of state for 47 of the 50 states. The role of this position may vary, but the officeholder is a key aide to the governor. In three states without elected lieutenant governors (Arizona, Oregon, Wyoming), this position is the second-in-command.

Duties acts as chief elections officer catalogues official state records administers commercial or business codes in the state acts as notary of the public for state documents

State Treasurer There is a state treasurer for 49 of the 50 states (all but Texas). The specific tasks of this office vary, but in general, this person is the state's chief financial officer.

Duties manages investments handles the influx of income to the state treasury catalogues surpluses and deficits

Attorney General Every state has an attorney general. The attorney general serves as the state's chief legal officer.

Duties serves as legal counselor for the state and acts as chief prosecutor or defender on state's behalf deals with legislation involving business handles criminal prosecutions and appeals

Lieutenant Governor

Duties serves as president of state senate influences legislation performs ceremonial duties acts as governor if elected governor is unfit to fulfill duties

State Auditor

Every state has a state auditor. The role of the state auditor is to serve the state by performing audits of the money spent by the state government.

Public Statutes

These laws specifically address particular operations performed by businesses. These may include full disclosure of services or details about products provided to the public.

Article VI

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Explanation: The Constitution is the highest law in the country.

Licensing

This form of regulation requires a business to acquire a license to operate within the state, city, or local province. The city or state can also regulate the operation of business by denying or revoking licenses.

The need for citizens of Washington, DC to have representation in the Electoral College led to the passage of the _______ Amendment.

Twenty-Third

What is the framework for most state governments?

a mixture of local and national levels of government

Read the sentence. A state supreme court is a(n) _[blank]_ court where a case may be tried for the last time. Which option correctly completes the sentence?

appeals

A state's chief legal officer is the

attorney general

The ____ acts as the key aide to the governor, and in a few states is the second-in-command.

secretary of state

Other than tax collection, what are forms of state revenue? Select all that apply.

state college tuition highway tolls state bonds

Which court at the state level is the court of last resort?

state supreme court