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2. Chapter 12
State Government

3. Chapter Intro 1
State governments mirror the federal government in their organization. State governments, being closer to the citizens, have a great influence on people’s daily lives and activities.

4. Section 1
The Federal System

5. Do you think the federal government should have more power than state governments?
A. Yes
B. No A B

6. Constitutional Basis for Federalism
Big Idea
Section 1: The Federal System
Under our federal system, power is shared between the national government and the state governments. Our federal system also establishes a special relationship between the national government and those of the individual states.
The U.S. Constitution created a federal system of government in which the central government and the state governments share power.

7. Constitutional Basis for Federalism (cont.)
The Constitution created a federal system that gives the national government certain powers and reserves others for the state.

8. Constitutional Basis for Federalism (cont.)
Constitutional protection of states:
Cannot be divided or merged without consent
Can maintain National Guard
Can make state laws and govern independently

9. Constitutional Basis for Federalism (cont.)
Constitutional limits on states:
Cannot declare war
Cannot enter a treaty on its own with another country

10. Constitutional Basis for Federalism (cont.)
Constitutional limits on states:
Cannot impose taxes on imports from other countries or states
Are obligated to guarantee all Americans equal protection

11. Constitutional Basis for Federalism (cont.)
Tenth Amendment and states’ reserved powers:
Establish marriage laws
Regulate education
Hold elections

12. Constitutional Basis for Federalism (cont.)
Organize police forces
Build roads and bridges
Create local governments

13. Constitutional Basis for Federalism (cont.)
Concurrent powers shared by federal and state governments:
Impose taxes
Borrow money
Supremacy clause grants Congressional laws supreme power over state laws.

14. Constitutional Basis for Federalism (cont.)
States Rights v. Nationalism
States should limit federal government
“Necessary and proper” clause grants the authority to expand national government
Federal/State cooperation:
Roads, education, welfare
Grant-in-aid awards

15. Constitutional Basis for Federalism (cont.)
Interstate cooperation:
“Full faith and credit” clause
Maintain “republican form of government”
Extradition
Sharing responsibilities

16. Why do you think the founders established a federal system?
A. To establish a stronger national government
B. To balance state and national interests
C. To replace a system that had become problematic
D. All the above A B C D

17. State Constitutions
While differing in details, all state constitutions share many characteristics.

18. State Constitutions (cont.)
Each state has its own constitution, or plan of government.
Similarities to U.S. Constitution:
Separation of powers
Bills of rights
Organization of government branches
Election methods

19. State Constitutions (cont.)
Establish various local governments:
Counties
Townships
Municipalities
Special districts
Parishes
Boroughs

20. State Constitutions (cont.)
Regulate government spending and taxing
Establish independent state agencies and boards
Cannot include provisions that clash with U.S. Constitution

21. Section 1
State governments should set up their own local governments because state officials are more familiar with local conditions and needs than is the federal government.
A. Agree
B. Disagree A B

22. Section 2
The State Legislative Branch

23. How Legislatures Function
Big Idea
Section 2: The State Legislative Branch
The Constitution gives the legislative branch—Congress—the power to make laws. State governments, which generally mirror the federal government in organization, address problems closer to citizens.
The Constitution gives the legislative branch—Congress—the power to make laws.
State legislatures pass the laws that govern the states.

24. How Legislatures Function (cont.)
Organization:
Different sizes
Bicameral or unicameral
Terms of representatives
Residency and age requirements
Job requirements
Legislative leaders

25. How Legislatures Function (cont.)
Legislative functions:
Sources of bills
Process by which bills become law

26. How Legislatures Function (cont.)
Legislative districts:
Based on national census taken every 10 years
Districts usually drawn by state legislatures
By 1960s, malapportionment in area-based districts leads to court rulings ordering all districts to be apportioned by population

27. Section 2 The redrawing of legislative districts
A. is usually done by state legislatures.
B. takes place every ten years.
C. can lead to conflicts between political parties.
D. all the above A B C D

28. Problems Facing States
Today’s state governments face many difficult challenges.

29. Problems Facing States (cont.)
Many states face budgetary problems:
Difficulty in raising tax rates
Fewer federal grants
Program and service cuts
Urban dominance of legislatures

30. Most Americans object to tax increases because they
A. need the money to support themselves and their families.
B. think the government will spend the money on programs of which they disapprove.
C. believe that current rates would be sufficient if the government eliminated waste, mismanagement, and inefficiency.
D. dislike paying for services which they may or may not use. A B C D

31. Section 3
The State Executive Branch

32. Executive officers, including governors, should not have the power to pardon convicted criminals.
A. Agree
B. Disagree A B

33. Powers and Duties of the Governor
Big Idea
Section 3: The State Executive Branch
The Constitution gives the executive branch the power to execute, or implement, the law. Like the president on the national level, governors are the chief executives of the states.
The Constitution gives the executive branch the power to execute, or implement, the law.
Governors are the chief executives in all state governments.

34. Powers and Duties of the Governor (cont.)
The heads of state executive branches are called governors.
Requirements for office:
Citizenship
Age
Residency
Experience

35. Powers and Duties of the Governor (cont.)
Terms of office
Typically four years
Can be impeached or removed by a “recall” election

36. Powers and Duties of the Governor (cont.)
Governors’ powers and functions:
Execute state laws
Issue executive orders
Prepare budgets
Suggest new bills
Veto and line-item veto

37. Powers and Duties of the Governor (cont.)
Issue pardons, commute sentences, grant parole
Head National Guard
Act as party leader for the state

38. Section 3
The minimum-age requirement of 30 for many gubernatorial candidates is
A. too high.
B. too low.
C. reasonable.
D. outdated. A B C D

39. Executive Departments
Top officials in charge of executive departments assist the governor.

40. Executive Departments (cont.)
Every state has a number of executive officials who assist the governor:
Secretaries of state manage elections and maintain official records.
Attorneys general represent the state in lawsuits and provide legal advice.

41. Executive Departments (cont.)
Treasurers collect taxes and invest state funds.
Auditors review record-keeping of state agencies.

42. Executive Departments (cont.)
State executive departments, agencies, boards, and commissions:
Departments of agriculture, labor, justice, etc.
Boards of health
Departments of public works and highways
State welfare boards

43. Section 3
Do you agree that secretaries of state should be elected, not appointed?
A. Agree
B. Disagree A B

44. Section 4
The State Judicial Branch

45. Section 4-Polling Question
Do you think that judges who are elected by popular vote are more likely to consider the popularity of a decision before rendering an opinion?
A. Yes
B. No A B

46. The State Court System Big Idea Section 4: The State Judicial Branch
The judicial branch is charged with interpreting the law. Different levels of state courts administer justice.
Most legal matters within a state are handled by the state’s court system.
The judicial branch is charged with interpreting the law.

47. The State Court System (cont.)
Most legal matters are settled in state courts.
Three-level organization of courts:
Minor law violations and lawsuits
Serious crimes and large-scale civil cases
Appeals

48. The State Court System (cont.)
First-level courts:
“Justice courts” in rural areas and small towns
Police or magistrate courts in more populated towns and cities
Municipal courts in large cities

49. The State Court System (cont.)
“Justice courts”:
Justice of the peace
Misdemeanors
No juries

50. The State Court System (cont.)
Police or magistrate courts in more populous areas:
Minor cases
Civil cases involving small sums

51. The State Court System (cont.)
Municipal courts are often subdivided by specialty:
Juvenile
Traffic
Small claims (for small-scale civil cases)

52. The State Court System (cont.)
In minor civil cases, plaintiffs and defendants without lawyers speak for themselves before a judge.
Second-level courts, or general trial courts, handle felonies and large-scale civil cases:
Often held before juries
Role of judges in jury trials

53. The State Court System (cont.)
General trial courts may be called district, county, common pleas, circuit, or superior courts.
Third-level courts:
Intermediate appeals courts
Supreme Court

54. The State Court System (cont.)
Appeals courts:
Review trial-court decisions
No juries
Panel of judges decide cases by majority vote

55. The State Court System (cont.)
Supreme Court:
Court of last resort
Reviews appellate decisions
Decides cases by majority vote
Interprets state’s constitution and laws
Decisions final, except in cases involving the U.S. Constitution or federal law

56. Section 4
Do you agree that the U.S. Supreme Court should not be allowed to overturn the decisions of state Supreme Courts?
A. Agree
B. Disagree A B

57. Selection of Judges
State judges can be elected, appointed, or chosen in a way that combines both methods.

58. Selection of Judges (cont.)
States have different methods for selecting judges:
Elected by popular vote
Appointed by state legislature or governor
Combination of appointment and election
Election of judges is controversial

59. Selection of Judges (cont.)
Judicial tenure:
Longer terms of office (6–12 years)
May be removed by impeachment
Can also face review by judicial boards with authority to recommend removal by state supreme courts

60. Section 4
Do you agree that judges who serve longer terms will be more likely to render impartial decisions than judges who serve shorter terms?
A. Agree
B. Disagree A B

61. The Federal System
We live in a federal system in which there are 50 separate state governments and one federal government.
The U.S. Constitution gives a broad range of powers to state governments.

62. State Constitutions
State constitutions are similar in structure to the U.S. Constitution. They include the following:
A preamble
A bill of rights
An outline of the framework of government
A listing of state powers and responsibilities
A provision for local government
The methods of amending the constitution

63. State Legislative Branch
State legislators are chosen by popular vote.
The lawmaking machinery in the state legislatures is similar to that used in the U.S. Congress.
All state legislatures, except Nebraska’s, are bicameral.

64. State Executive Branch
The governor is the chief executive officer in each of the 50 states.
Important executive powers of the governor include appointing and removing officials, administering laws, planning and carrying out the budget, and commanding the National Guard.

65. State Judicial Branch
State courts interpret and apply state and local laws.
State judges are selected by the governor, by the legislature, or by the people.
Crimes are defined by state statutes, which are laws enacted by state legislatures.