STATE GOVERNMENT

FEDERALISM

STATE POWER Where does state power come from? Article IV & Amendment 10 (the states are given all powers that are not given to the national government or not denied to the states)

STATE POWER…CONTINUED POWERS OF THE STATE Set up local governments Conduct elections Set up public school systems Oversee businesses Make laws (i.e. traffic laws) Protect public health & safety SHARED POWERS BOTH collect taxes BOTH borrow money BOTH set up courts BOTH enforce laws BOTH punish lawbreakers

HERE’S THE RUB POWER TO THE STATES Those in favor of states’ rights feel that STATE governments can serve their people better Argue that the STATES should be allowed to fit laws and programs to the particular needs of their citizens POWER TO THE FEDS Those in favor of a stronger NATIONAL government feel that state opportunities are not always equal Argue that the NATIONAL government should play a stronger role to ensure equal opportunity in all states

THE TRUTH IS… Some problems ARE too big for individual states to solve Terrorism & security (i.e. September 11, 2001 & airport security) Some tasks cost more than the state can afford Some problems exist between two states Environmental reasons (i.e. one state’s factories are causing pollution in another)

BRANCHES OF GOVERNMENT STATE LEGISLATURES

WAY BACK WHEN… When the US was just starting out, the demands on the state legislatures was minimal – legislatures could leave their full-time work as farmers, businessmen, or lawyers and serve for a few weeks and then go back to their full-time jobs As the US continues to grow and expand, the demand on state legislatures became greater, forcing them to become full-time lawmakers Today Typical legislature has studied Political Science, Law, or Public Administration Spent time in government service before running for office (often plan on a lifelong political career)

ORGANIZATION Every state has a bicameral legislature divided into a House & a Senate…every state EXCEPT Nebraska (what??) Most states hold annual sessions (a few meet every other year) States limit the terms of the sessions to a period of 20 days up to 6 months Kentucky General Assembly meets for a 30- day session in odd numbered years and 60- day session in even numbered years

MAKING LAWS Primary function is to make laws and operate like national Congress, EXCEPT: INITIATIVE – The process by which citizens can propose laws Citizens gather signatures on a petition, if up to 10% of registered voters signed it, then the proposed law is put to a vote in a statewide election and if a majority of voters approve the proposals, it becomes state law REFERENDUM – Process by which a state law is referred to the voters to approve or reject Almost every state requires a referendum on state constitutional amendments RECALL – Process for removing elected officials from office Usually begun by citizens who believe that an official is either not doing a good job, or is dishonest Citizens begin by gathering signatures on a petition – i.e. recalling Scott Walker in Wisconsin

CHECKING THE OTHER BRANCHES Just like at the Federal level, the state legislatures have checks on both the Executive and Judicial state powers: EXECUTIVE Have to approve the governor’s budget Examine how executive agencies are doing their jobs JUDICIAL Approve of judges Have the powers to impeach, or bring charges against officials

FINANCING STATE GOVERNMENT TAXES SALES TAX – Charges made on purchases of goods and services EXCISE TAX – Charge on certain goods (i.e. alcoholic beverages, gas, and tobacco) INCOME TAX – Charge on the earnings of individuals and businesses BONDS & LOTTERIES BOND – Certificates that people buy from the government; government agrees to pay back the cost of the bond plus interest after a certain period of time LOTTERY – 60% of the money from ticket sales goes to prizes, the other 40% goes to the state

FINANCING STATE GOVERNMENT…CONTINUED Federal money comes in several forms, but the most common are: CATEGORICAL GRANTS – Given for a specific purpose (i.e. job training, highway construction) Come with “strings attached” meaning that there are certain conditions that must be met before the state may use the funds BLOCK GRANTS – Given for more general purposes STATES can decide for which programs to use the block grant funds (i.e. immunization services)

BRANCHES OF GOVERNMENT STATE EXECUTIVE

GOVERNOR REQUIREMENTS Executive branch is headed by the Governor (Matt Bevin) and the Lieutenant Governor (Jenean Hampton) MUST be a US citizen and a registered voter Serve UP TO 8 years (2, 4 year terms) GOVERNOR MATT BEVIN

GOVERNOR Chief Executive – similar to that of the President Commander-in-chief of the state militia (National Guard) and can call on them in the event of a riot or disaster Power to carry out state’s day-to-day work Power to appoint hundreds of officials Budget-making role – Congress has to approve it, but governor still has great deal of control

GOVERNOR…CONTINUED Governor also has legislative powers Governor can propose legislation in the form of a bill, budget or a speech to the state legislature Governor can influence lawmaking by talking with legislators or by asking for public support ITEM VETO – the power to reject particular parts, or items of a bill 43 states have this provision A state legislature can override the veto, but it usually takes more than 50% of the legislature to override it Governor also has judicial role Some state governors appoint certain state judges Governors can also reduce OR overturn the sentences of convicts

STATE EXECUTIVE AGENCIES Agencies or departments helps by carrying out the day-to-day work of the Executive branch Largest one in every state? Department of Education Make sure that national AND state education laws are carried out (i.e. number of school days, subjects you have to study, how many years of each) Work with local school districts to meet requirements

OTHER EXECUTIVE OFFICIALS LIEUTENANT GOVERNOR JENEAN HAMPTONOTHER POSITIONS LIEUTENANT GOVERNOR – Second official second in rank to the governor (similar to the Vice President) SECRETARY OF STATE – Charge of official records and documents and supervises elections; Third in line ATTORNEY GENERAL – Serves as the state’s chief legal office TREASURER – Chief financial officer of the state

BRANCHES OF GOVERNMENT STATE COURTS

SO WHAT DO THEY DO? FIRST LEVEL State’s trial courts hear both civil cases and criminal cases – hear more than 10 MILLION cases each year SECOND LEVEL State appeal courts review cases appealed from the trial courts THIRD LEVEL Cases that go BEYOND the first appeal court are heard in the state SUPREME COURT

TERMS OF SERVICE ELECTION ELECTED judge is responsible to the PUBLIC whose lives and property may be directly affected by the judge’s decision ELECTION checks the power of a governor who might ant to appoint friends and supporters (even if they’re not qualified) APPOINTMENT Opponents say that a judge need to make decisions based on the law and the facts of the case, NOT on what could please voters or focusing on reelection MISSOURI PLAN – governor appoints a judge from a prepared list by a list of judges, lawyers and ordinary citizens. Then in the election, voters either vote “yes” or “no” as to if they want that judge to stay in office

TERMS OF SERVICE…CONTINUES Length depends on the state AND the level of the court Most terms run from 4-15 years Some states allow judges to serve until they’re 70! Rhode Island is like the Supreme Court in that judges have life appointments

FEDERALISM & THE COURTS Some state constitutions offer greater rights and freedoms than the federal Constitution. So when an individual rights case comes up in one of those states, which one applies? Answer! It depends… 2 separate Supreme Court cases dealing with the same issue (one in OR and one in CA) Owners of a mall took members of a citizen group to court because they passed out leaflets and gathered signatures so the mall owners banned them OR – Supreme Court sided with the mall owners saying in OR the owners had a right to use their property in whatever manner they wanted CA – Supreme Court sided with the citizen group saying that the CA constitution offers greater protection of free speech than the federal Constitution

IN CONCLUSION The line between State and Federal power is not always an easy one to draw Judicial branch plays a huge and important role in deciding questions of federalism