Civics 10 Chapter 12 State Government

Goals for Chapter 12 Describe how states exercise their Constitutional powers Understand the responsibilities of state legislatures Understand the duties of state executives (governors) Understand how state court systems are organized

Becoming a State People of an area apply to US Congress Upon Approval- leaders are chosen and a state constitution is written The “new” constitution must be approved by the people and US Congress Congress then votes to admit or not Example: Minnesota was admitted in May 1858 as the 32 nd state Population in was million

Powers 10 th Amendment: powers not granted to the national government or denied to the states are “reserved” to the states *State powers are known as reserved powers (ex. police powers- speed limits; decide punishments for crimes; health and safety inspections) States also have control over local governments States also have concurrent powers (powers shared with national government (ex. pass laws; collect taxes

Limits on State Powers Supremacy Clause- found in Article 6 of the Constitution The Constitution and the Laws of the US are the “Supreme Law of the Land”. The national government prevails in all conflicts between state and national government. Ex. States can’t coin their own money or enter into a treaty with another country

State Constitutions These contain the Fundamental Laws of each state which are the basic laws by which a state in governed Most state constitutions are similar to one another. How? Each has a 3 branch government, each uses a system of checks and balances, and it’s based on popular sovereignty Content: 1. Preamble 2. Bill of Rights 3. Organization of Government Other items: laws dealing with local government, election and voting laws, public education, lottery, etc.

Changes in a State Constitution How is it done? 1. Amendments are proposed by the legislature or 2. Constitution Initiative- citizens propose an amendment 3. Amendment is ratified by the people and by the legislature (usually done at a Constitutional Convention)

State Legislative Branch The law-making branch of the state government (same as Congress at the national level) Make Up: 1.All states (except Nebraska) have Bi-Cameral Legislature (2 Houses) a. Senate- upper House b. House of Representatives- lower House 2.Numbers differ from state to state: the Senate has fewer members 3.States are divided into legislative districts- there is at least one representative from each district and one senator from each [MN has 67 Senate Districts (the most in the US) and 134 House Districts]

When Does Legislature Meet? Regular Session: state legislatures meet to carry out business State Constitutions set the length of time that the state legislatures meet …usually 1-4 months (MN meets for 60 days) Special Session: a meeting of the legislature to deal with a major problem or issue when the legislature is not in session

Qualifications to be in the Legislature These vary from state to state In MN: 21 years old, registered voter, state resident for one year, resident of the legislative district for 6 months Term for Senator: 4 years Term for Representative: 2 years Salary in MN: $31,140/yr

Powers Legislative PowerExecutive PowerJudicial Power Make lawsOversight: Oversee the governor’s actions Impeachment Approve appointments

State Executive Branch (carry out state laws) Governor is the head of the state’s executive branch. Currently the governor is Mark Dayton (Democrat). His salary is $120,303/yr Governor’s term: 4 years with no more than 2 terms in a row Election: must get a plurality of votes only Qualifications: 25 years old, resident of MN 1 yr, must be a US citizen Salary: varies from state to state (Arkansas and Maine are the lowest and New York is the highest)

Roles of the Governor: *carries out work of state governor (implements new programs) *state symbol- appears at public functions and ceremonies *sets policy goals (ie. Lower taxes, improve schools) *leader of that state’s political party

Powers: governors exercise the following powers- Study table 12-3 on p.269 ExecutiveLegislativeJudicial Prepares the state budgetSuggest new lawsAppoints judges Hire and fire state officials Calls “special sessions”Grants pardons Commander of Military (National Guard) Veto powerGrant reprieves Item veto- can veto parts of a bill

Judicial Branch Criminal CasesCivil Cases A person breaks the law or accused of breaking it Government then brings a suit (court action) against the accused An offense against public safety Felony- murder, kidnapping Misdemeanor- speeding, disorderly conduct A dispute between 2 or more persons or groups Disputes are usually over property or money Example: suing over money someone owes you (unpaid bills, etc.) Property disputes Personal injury

Lower Courts Found at the local level Limited jurisdiction- authority to try a case Usually hears misdemeanors and civil cases involving small amounts 1. Justice Courts: lower court in rural areas and small towns. 2. Magistrate Courts: same as above, judge is elected. 3. Municipal Courts: found in larger cities, divided into specialized courts to handle the large caseload (ie. traffic court, divorce court, etc)

General Trial Courts Next higher level – district, circuit court Major criminal and civil cases heard here MN has 10 district courts Can hear appeals from lower courts Montgomery is in District 1 (Hastings)

Appellate Courts Hear cases on appeal The trial is not reheard This court decides if the law has been correctly interpreted and applied in the case No jury A panel of judges decides by majority vote MN has 16 judges on the Court of Appeals

Supreme Court in MN Highest court in the state court system Main function is to hear appeals from the lower courts It usually holds the final decision MN has 7 Supreme Court Justices, 6 year term Salary of the Chief Justice is $160,579 (Lorie Skjerven Gildea- appointed on July 1, 2010) Salary of the Associate Judges is $145,981