Michigan Capitol Building in Lansing. State Constitutions  State Constitutions are the State’s Supreme Law of the Land  A States Constitution is superior.

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Presentation transcript:

Michigan Capitol Building in Lansing

State Constitutions  State Constitutions are the State’s Supreme Law of the Land  A States Constitution is superior to all State and local laws.  Each State Constitution is subordinate (below) the Constitution of the United States – Article VI, Section 2 – The Supremacy Clause. Approved on October as it was becoming a State in 1837

State Constitutions  All State Constitutions consist of principles of popular sovereignty and limited government – government exists only with the consent of the people.  Each document has a Bill of Rights.  Each deals with powers of Executive, Legislative and Judicial branches and the units of local governments.  Each Constitution outlines how it can be amended. In some States, changes or laws are made through initiative : a method in which a certain number of qualified voters sign petitions in favor of a proposal. That proposal then goes to the ballot to be approved or rejected by the people.

Legislative Body  Each State has a legislative body that functions similar to that of the National Congress.  Each State sets the age for Congressional members (21-25).  Legislators are chosen by popular vote in every State.  Most States hold elections in November of even numbered years.  They serve 2-4 year terms depending on the State.  Sometimes a legislative measure is referred to the State’s voters for final approval or rejection. This process is called a referendum. Sometimes the people will demand through petition that a measure passed by the legislature be referred to them for final approval.

State Legislature Senate political groups Republican: 26 Democrat: 12 House of Representatives political groups Republican: 59 Democrat: 50 Independent: 1 House Member: Dave Pagel Republican Senator: John Proos, Republican

Executive Power - Governor Incumbent Rick Snyder - Republican since January 1, 2011 Governors are popularly elected in each State. Qualifications vary. In Michigan, the governor must be 30 and have lived in Michigan for 4 years. Can serve 2, four year terms. In some States, the governor may be recalled. The recall is a petition in which voters remove an elected official from office before completion of term. If enough signatures, there is a special election held in which voters decide whether to recall the officeholder.

The State Courts  Each State Constitution creates a court system for the States. Types of Courts: Justices of the Peace: gradually disappearing. They were set up in rural areas. Today, people can more easily travel to the city, so they’ve become less common. JP’s try misdemeanors – petty offenses (ex: traffic violations, public drunkenness). Magistrate’s Courts : City cousins of JP’s. Handle minor civil complaints and misdemeanors. Like JP’s, magistrates are usually elected for short terms.

The State Courts More Types of Courts Municipal Courts: Found in most of the larger cities. Many times divided into divisions like civil, criminal, traffic, small claims. Hear the usual run of misdemeanors and civil cases. Juvenile Courts: Those under 18 are usually not always subject to the same laws. These courts hear their cases. Sometimes they send individuals to be tried in adult courts. General Trial Courts: Usually one or more per County. Most of the important cases are heard in these trial courts.

State Courts More Types of Courts Intermediate Appellate Courts: Stand between trial court and the State’s Supreme Court. They serve to ease the burden of the high court. They have appellate jurisdiction in most cases. The State Supreme Court: Hears cases appealed to it. Court of last resort and has final say in State law. Usually a State Supreme Court decision is final. The U.S. Supreme Court will only hear a case if there is a federal question and if they decide to hear the case.