State and Local Government Mr. Webster’s Class

U.S. Constitution & Florida Constitution

Federalism Vocabulary concurrent powers – powers shared by the national, state, and/or local government enumerated powers – powers assigned to the federal government under the U.S. Constitution reserved powers – powers that are kept by the states federal government – the national level of government federalism – a system of government where power is divided and shared between national, state, and local government local government – the government of a municipality (city) or county state government – the state level of government supremacy clause – the clause in the Constitution that makes federal laws prevail over state laws when there is a conflict

Federalism The United States has a federal system of government. In a federal system, the national government and state governments share and divide powers. In our federal system, some powers are left to the sate governments and others are left to the federal government. Some powers are shared by both.

Federal Government Powers The federal, or national, government has three kinds of power. Expressed powers are those listed in the Constitution. Implied powers are not listed in the Constitution but can be based on it. For example, the president’s powers as commander-in-chief. Inherent powers are powers a government has simply because it is a government.

Sharing and Dividing Power Reserved powers are powers that are reserved for the states. They come from the Tenth Amendment. It says all powers not given to the federal government are reserved for the states. Concurrent powers are powers held by both the national and state governments. These powers are not mentioned in the Constitution, but they are needed in order for the government to function.

State Constitutions Each state has its own constitution. All state constitutions split the state government into three branches – the executive, the legislative, and the judicial. State constitutions also list the specific rights guaranteed to state citizens. Florida’s list is called the Declaration of Rights. Florida has had six constitutions. The most recent one was created in 1968.

The Florida Constitution Article I lists the rights guaranteed to citizens. It guarantees many of the same rights that are listed in the Bill of Rights. Article II includes General Provisions and defines state boundaries and the location of the state government. It also states English is the official language. Articles III, IV, and V establish the 3 branches of state government. Article VI describes voting and election rules.

The Florida Constitution Cont. Article VII gives tax rules. Article VIII describes the organization of county and municipal governments. It states that each county is to be governed by a board of county commissioners. Article IX creates Florida’s public schools and state university system. Article X is titled Miscellaneous. Article XI explains that Florida’s constitution requires a review every 20 years. Article XII explains how the 1968 constitution was to be implemented.

The Governor The governor’s job is to head the executive branch of the state government. The governor is responsible for making sure that the laws of the state are carried out, and the governor is the head of the state’s National Guard. Governors often name people to fill state offices, they can pardon criminals, and they can also veto bills. The lieutenant governor is next in line to the governor. Currently, Rick Scott is the governor of Florida, and Carlos Lopez-Cantera is lieutenant governor.

Major State Executive Officials Most states have 5 major executive officials. The secretary of state oversees elections in the state and the publishing of all laws. The attorney general is the state’s chief lawyer. The state treasurer handles and keeps track of money going into and out of the state government. The state auditor reviews the conduct of state departments and offices. The superintendent of education oversees the state’s public school system.

State Courts Every state has two sets of courts, known as lower courts and higher courts. Lower courts are trial courts. In a trial court, a judge or jury listens to the evidence that is presented and reaches a verdict. Lower-level courts may handle criminal cases involving misdemeanors, or civil cases involving small sums of money.

State Courts Higher courts can be either trial courts or appellate courts. In an appellate court, the party who has lost the case in a lower court appeals the decision. Higher-level courts handle more serious crimes (felonies), and civil cases that involve huge sums of money. Each state also has a supreme court at the top level of its court system.

Local Government Vocabulary incorporate – to receive a state charter officially recognizing the government of a locality city charter – a document granting power to a local government ordinance – a law, usually of a city or county suburb – a community that is near a larger city county – normally the largest territorial and political subdivision of a state county seat – a town where the county courthouse is located town – political unit that is larger than a village and smaller than a city town meeting – a gathering of local citizens to discuss and vote on important issues

Local Government Local governments are closer to the people than any other unit of government. Local governments provide services such as road maintenance, police and fire protection, and schools. The powers of local government are usually set by state constitutions. Local governments get money to pay for the services they provide from state and federal grants, taxes on land and buildings, sales tax, and fees and fines for things such as parking and traffic violations.

Becoming a City A city is officially called a municipality. Most states define a municipality as an incorporated place, or local area with an organized government that provides services to residents. An area becomes incorporated when the people ask the state legislature for a city charter. The charter gives power to the local government.

Forms of Local Government Most urban areas in the United States use one of three basic forms of government. These are the mayor-council form, the commission form, and the council-manager form. The mayor-council form is based on the separation of powers. Executive power belongs to a mayor. Legislative power belongs to a city council. The council passes city laws, which are usually called ordinances. Orlando has a mayor-council form of government. The current mayor is Buddy Dyer.

Forms of Local Government Under the council-manager form, the city council appoints a city manager to administer the city’s day to day affairs. Belle Isle has a council-manager form of government. Only a small number of cities still use the commission form of local government. A commission government does not divide legislative and executive powers. Instead, the government is split into several departments that are headed by commissioners.

County Government A county is a political and geographic unit within a state. Florida has 67 counties. The town where a county courthouse is located is called a county seat. Most counties are run by a board of elected officials called commissioners or supervisors. The sheriff is the county’s chief officer for enforcing the law. It is an elected position. A county clerk keeps official government records.

Towns A town is a political unit that is larger than a village and smaller than a city. New England town government is one of the oldest forms of democracy in the United States. At town meetings, local citizens gather to discuss and vote on important issues. Town meetings are a form of direct democracy because the people are directly involved in governing themselves.

Review Questions Assignment – worth 20 points You are to use your textbook (Chapters 13 & 14) to create 10 questions and answers that you feel would make good test questions. You are to put all of your questions on one sheet of paper, and all of your answers on another sheet of paper. On the answer sheet, you also need to write down the page # where you got your information. Once you have completed creating your questions and answers, you will submit them to me and I will distribute another student’s questions to you for you to answer. The first three students to complete the assignment successfully will receive a reward.

Community Service Project (due 5/19) For this assignment, you are to put together a brochure that provides instructions on how to grow your own produce at home. You have been provided a basic template on what kinds of information to include, and your finished product should be neat, colorful, and informative, so that local residents might be able to use it as a how-to guide. The assignment is worth 30 points. (I will be giving 5 points for each panel based on neatness, creativity, and accuracy of content.)