Structure and Function of State Government Chapter 23 Structure and Function of State Government

Chapter 23 Section 1 State Constitutions

Importance of Constitutions State constitutions create the structure of state governments. State constitutions establish local governments, such as counties, townships, municipalities, special districts, parishes, and boroughs.

Importance of Constitutions State constitutions regulate how state and local governments can raise and spend money. State constitutions establish independent state agencies, boards, and commissions.

Constitutional Characteristics Bill of Rights All state constitutions have a bill of rights, with most of the protections as in the Bill of Rights in the Constitution of the United States. Many states also guarantee other rights. Length Many state constitutions have become long documents as a result of additions made over the years.

Constitutional Characteristics Detail Long state constitutions are filled with detailed, specific provisions, often reflecting special interest politics.

Amendments and Changes Some state constitutions have a great number of amendments. Constitutions of the 50 states provide four different methods of proposing amendments. State Legislatures Initiative Constitutional Convention Constitutional Commission

Amendments and Changes State Legislatures The most common method of proposing amendments is by the state legislatures. The actual practice of proposing a legislative amendment varies somewhat from state to state. Popular Initiative Eighteen states allow the people to propose amendments by popular initiative. An individual or group will write a proposed amendment and people in favor will sign it as part of a petition to the state government.

Amendments and Changes Constitutional Convention Some states allow a state constitutional convention to propose amendments. A gathering of citizens, usually elected by popular vote, meets to consider changing or replacing a Constitution. Constitutional Commission Some states use a constitutional commission to propose amendments. Constitutional Commission: group of experts appointed to study the state constitution and recommend changes

Amendments and Changes Method of Ratification All states except Delaware require ratification of amendments by popular vote. Most require a simple majority vote. When voters rather than the legislature vote on an issue, it is called a referendum.

Criticisms and Reform Over the years, critics have charged that state constitutions are too long and filled with needless detail. In order to replace existing state constitutions, most states require a constitutional convention.

Criticisms and Reform In most states, the legislature proposes the convention, which the voters must approve. Then voters, in a new election, choose delegates to write a new document or propose changes to the existing constitution. During the 1980s, more state judges began to interpret state constitutions independently of the Constitution of the United States.

Chapter 23 Section 2 The Three Branches

The Legislative Branch The state legislature passes laws. Members of state legislatures are elected from legislative districts. Qualifications for members are outlined in state constitutions.

The Legislative Branch Many state legislators work part-time in other fields. Most state legislatures: 1) are bicameral, 2) hold annual sessions, and 3) conduct business through committees.

The Legislative Branch Many bills originate in the executive branch of state government. A bill begins in either house of the state legislature and is debated and voted on. The governor vetoes or signs passed bills.

The Executive Branch The governor heads the executive branch of the state government. State constitutions outline qualifications of the governor. A governor generally must be nominated by a major political party and win the general election.

The Executive Branch Most governors serve four-year terms. In 18 states, governors and other officials can be removed from office by a recall. Recall: the process of allowing the people to vote to remove state officials The governor proposes and signs laws, represents the state to foreign businesses, is his or her party’s state leader, and works to obtain federal grants.

The Executive Branch Most governors prepare the state budget and are commander in chief of the state National Guard. Since 1965, most states have given governors greater executive power.

The Executive Branch Governors: 1) supervise the executive branch of the state government, 2) propose legislation, 3) veto bills, 4) call special sessions of the state legislature, and 5) have limited power over the state court system. Most states elect other members of the executive branch.

The Judicial Branch State courts interpret and apply state and local laws to civil and criminal cases. The justice court performs marriages and handles minor civil and criminal cases.

The Judicial Branch Municipal courts, police courts, or magistrate courts handle cases of petty crime or property disputes. Other minor courts include small claims court, juvenile court, domestic relations court, traffic court, and probate court.

The Judicial Branch State general trial courts hear cases involving serious crimes. State appeals courts review cases of lower courts. A state supreme court is the court of final appeal. Judges may be removed from office.

State Government Policy Chapter 23 Section 3 State Government Policy

State Regulation of Business Business corporations must have a charter issued by a state government. Federal and state governments regulate giant corporations. States have laws to protect consumers from unfair practices and to protect the health and safety of workers.

State Regulation of Business State governments provide workers’ compensation. Workers in all states have the right to belong to labor unions. State governments try to attract new business and industry.

States and the Environment States’ concerns for economic growth sometimes clash with public concern for the environment. In 1989 Congress strengthened the states’ power to protect the environment. State governments have begun to monitor the environmental impact of major projects.

Protecting Life and Property State and local governments are responsible for protecting life and property, and for establishing a criminal code and a system of punishment. State police forces have investigative powers in many states, but they have broad responsibilities in a few states.

Protecting Life and Property State courts handle the majority of all criminal cases in the United States. In strained state justice systems, many states are giving judges more sentencing options.

Providing for Education, Health, and Welfare State governments provide about 45 percent of revenues for local public schools. State spending for education generally has increased. The state licenses doctors and dentists, regulates the sale of medicines, and requires vaccinations for schoolchildren.

Providing for Education, Health, and Welfare State agencies provide programs of public welfare, health and human services. With federal assistance, states help people with special needs. With Medicaid assistance, states help low- income people pay medical bills.

Financing State Government Chapter 23 Section 4 Financing State Government

Tax Revenue Individual state constitutions limit state taxing powers, as does the Constitution of the United States. Today, most state governments have some type of sales tax, which accounts for about half of the total tax revenue of state governments.

Tax Revenue Most states now also have individual income taxes and corporate income taxes, which account for more than 30 percent of all state tax revenues. States require license fees for various businesses and professions, as well as for operating motor vehicles.

Tax Revenue States impose taxes for removing natural resources from state land or water. Many states also have less well-known taxes, such as a state property tax, estate taxes, and inheritance taxes.

Other Sources of Revenue Since taxes finance only a part of state government expenses, states turn to borrowing, lotteries, and the federal government. States borrow money by selling bonds to pay for large, long-term expenditures such as highway construction.

Other Sources of Revenue Nearly three-fourths of the states run public lotteries to raise revenue. Lotteries became the fastest-growing source of state revenues in the 1980s.

Other Sources of Revenue The federal government provides about 20 percent of all state revenues, much in the form of grants-in-aid, and stipulates how the grants may be used. Categorical-formula grants go to states on different bases, depending on the state’s wealth.

Other Sources of Revenue During the 1980s and 1990s, the federal government’s share of state and local government revenues declined. Unfunded, federally-mandated programs increased until Congress passed the Unfunded Mandate Reform Act (UMRA) to curb unfunded mandates in 1995.