Governing the States

State Constitutions The supreme law of a state. Sets the blueprint for how a state will be run. Can Not be in contradiction to the US Constitution. In many ways state constitutions mirror the US Constitution…popular sovereignty and limited government are key themes. You can also observe separation of powers and checks and balances in all 50. Problem with state constitutions in juxtaposition to the U.S.C. is they are often very specific in nature rather than written in broad themes.

State Constitutions Although unique provisions are found in all 50 state constitutions…all run on five basic categories. Basic Principles Civil Rights Government Structure Governmental Powers Constitutional Change

How to Propose Changing a State Constitution State Legislature calls a constitutional convention. Proposal by Convention Most constitutional amendments are proposed by state legislature. Proposal by Legislature Voters can propose amendments in some states. Specific number of voters sign a petition Proposal goes on a ballot Voters approve or reject the proposal Proposal by Initiative

State Legislatures Currently 7,382 State legislators (5,411 Reps, 1971 Senators) 49 bicameral legislatures, 1 unicameral (Nebraska) Legislative Powers – can enact any law not in direct conflict with the US Constitution. Source of Bills – legally only reps can propose a bill but many state agencies have a hand in authoring bills. Direct legislation – some states give immense power to the people Initiative – voters propose law Referendum – Voters pass final judgment on a law by voting.

Governor and State Administration Chief Executive Officer Selection – All are selected by a popular vote. Succession – Governorships change hands frequently.

Power of the Governor “First among Equals” – pg 697 Legislative Powers The Message Power – recommend legislation Special Session Power – call legislature into special session Veto Power – power to strike down proposed legislation Judicial Powers Pardon – forgive a person of a crime Commutation – reduce a persons sentence Reprieve – postpone the execution of a sentence Parole – release a prisoner early

Other State Executive Offices Lt. Governor Secretary Of State State Treasurer Attorney General

Michael Stack

Carol Aichele

Kathleen Kane.

Rob McCord

State Court System Justice of the Peace – mostly in rural areas…allow people to get a hearing on a minor case quickly. Magistrates’ Court – handle minor complaints and misdemeanors in an urban setting. Municipal Courts – Deal mainly with civil cases in excess of a $1,000 and misdemeanors (usually in larger cities) Juvenile Courts – deal with defendants under 18 years of age. General Trial Courts – all cases dealing with state statutes (our county court system).

State Court System Appellate Courts – review case of general trial courts…no trials here just oral arguments by two or more lawyers. State Supreme Court – acts in much the same way as the USSC…review cases heard in trial courts, reviewed by appellate courts…last in determining constitutionality of a decision at the state level.