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State and local governments

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1 State and local governments
2019/4/22

2 State governments State governments in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has one unilateral tier with multiple branches, including the Executive, Legislative and Judicial. Under the Tenth Amendment to the United States Constitution, all governmental powers not granted to the federal government by the Constitution are reserved for the states or to the people. All U.S. states have a state constitution and a three-branch government similar to that of the federal government. While the U.S. Constitution mandates that each state shall have a “republican form” of government, this particular structure is not mandatory. 2019/4/22

3 State governments Legislative branch
The legislative branch of the US States is bicameral, except for Nebraska, which has a unicameral legislature. While the Nebraska legislature is officially known, like most, as the “Legislature”, it is more commonly called the “Senate”, as its members are officially called “Senators”. In the majority of states (26), the state’s legislature—that is, the upper and lower house referred to as one—is simply called “The Legislature”. Another 19 states name their legislature the “General Assembly”. The legislatures of Oregon and North Dakota share the appellation “Legislative Assembly”. The most unusual moniker for a state legislature is “General Court”, which is used by both Massachusetts and New Hampshire. 2019/4/22

4 State governments Legislative branch
The Upper House In all 49 states with bicameral legislatures, the upper house is referred to as the “Senate”. Until 1964, state senators were generally elected from districts that were not necessarily equal in population. In the 1964 decision Reynolds v. Sims, the U.S. Supreme Court decreed that, unlike the United States Senate, state senates must be elected from districts of approximately equal population. 2019/4/22

5 State governments Legislative branch
The Lower House In 41 of the 49 states with lower houses, the lower house is called the “House of Representatives”. The name “House of Delegates” is used in Maryland, Virginia, and West Virginia. California and Wisconsin call their lower house the “State Assembly”. Nevada and New York simply call the lower house the “Assembly”. And New Jersey calls its lower house the “General Assembly”. 2019/4/22

6 128 Executive branch 2019/4/22

7 State governments Executive branch
The executive branch of every state is headed by an elected governor. Most states also have a lieutenant governor(副州长). Most states have a plural executive(行政领导小组), in which several key members of the executive branch are directly elected by the people and serve alongside the governor. As a sovereign entity, each state government is free to organize its executive departments and agencies in any way it likes. This has resulted in substantial diversity among the states with regard to every aspect of how their governments are organized; the organizational chart for each state’s executive branch can be characterized as sui generis (unique). 2019/4/22

8 Judicial branch 2019/4/22

9 State governments Judicial branch
The judicial branch is typically headed by a state supreme court which hears appeals from lower state courts. The structure of courts and the methods by which judges are elected or appointed are determined by legislation or the state constitution. Oddly, New York’s highest court is called the Court of Appeals, while its trial court is known as the Supreme Court. 2019/4/22

10 State governments Offices of the state
In order to complete their duties states form a variety of offices with particular assignments designated by the various branches. These offices may include: State education agency, State department of ecology, State department of health, State police and State department of transportation. 2019/4/22

11 Local governments 2019/4/22

12 Local governments An introduction
Since the Tenth Amendment to the United States Constitution makes local government for the most part a matter of state rather than federal law, the states are free to adopt a wide variety of systems of local government. Nonetheless, the United States Census Bureau, which conducts the Census of Governments every five years, groups local governments in the United States into the following five categories: County (borough, parish) governments Municipal governments Township governments School district governments Special district governments 2019/4/22

13 Local governments county governments
County governments are organized local governments authorized in state constitutions and statutes and established to provide general government in an area generally defined as a first-tier geographic division of a state. The category includes those governments designated as boroughs in Alaska, as parishes in Louisiana, and as counties in other states. All the states are divided into counties or county-equivalents, though only a portion of Alaska is so divided. Connecticut and Rhode Island have completely eliminated county government, and Massachusetts has partially eliminated it. The locality which houses the county’s main offices is known as the county seat. In areas lacking a municipal or township government, the county government is generally responsible for providing all services. 2019/4/22

14 Local governments municipal governments
Municipal governments are organized local governments authorized in state constitutions and statutes and established to provide general government for a defined area, generally corresponding to a population center rather than one of a set of areas into which a county is divided. The category includes those governments designated as cities, boroughs (except in Alaska), towns (except in Minnesota, New York, and Wisconsin), and villages. Municipalities range in size from the very small (e.g., the Village of Lazy Lake, Florida, with 38 residents), to the very large (e.g., New York City, with about 8 million people), and this is reflected in the range of types of municipal governments that exist in different areas. In most states, county and municipal governments exist side-by-side. There are exceptions to this, however. In some states, a city can, either by separating from its county or counties or by merging with one or more counties, become independent of any separately functioning county government and function both as a county and as a city. Depending on the state, such a city is known as either an independent city or a consolidated city-county. 2019/4/22

15 Local governments Township governments
Township governments are organized local governments authorized in state constitutions and statutes and established to provide general government for a defined area, generally corresponding to one of a set of areas into which a county is divided. The category includes those governments designated as towns in Minnesota, New York, and Wisconsin, and townships in other states that have them. Depending on state law and local circumstance, a township may or may not be incorporated. 2019/4/22

16 Local governments School district governments
School district governments are organized local entities providing public elementary, secondary, and/or higher education which, under state law, have sufficient administrative and fiscal autonomy to qualify as separate governments. 2019/4/22

17 Local governments Special district governments
Special district governments are all organized local entities other than the four categories listed above, authorized by state law to provide only one or a limited number of designated functions, and with sufficient administrative and fiscal autonomy to qualify as separate governments; known by a variety of titles, including districts, authorities, boards, commissions, etc., as specified in the enabling state legislation. A special district may serve areas of multiple states if established by an interstate compact. 2019/4/22

18 Municipal governments Township governments School district governments
County governments Municipal governments Township governments School district governments special district governments 2019/4/22

19 U.S. Judicial/Court System
US judicial systems consist of two tiers: one federal system and the other state system. The United States is renowned for having one of the most sophisticated judicial systems in the world. Every day thousands of people, including law enforcement officers, lawyers, judges, government officials and even accused criminals, take part in this system, hoping to settle disputes and work for justice. What makes this system even more remarkable is that it is able to operate successfully in a country as large and diverse as the United States. One of the keys to this success is a balanced and carefully ordered hierarchy: Several different federal courts control issues relating to federal law and each state has its own set of courts that can adapt to the needs of its people.

20 2019/4/22

21 U.S. Federal Court System

22 What cases do federal court hear?
In general, federal courts have jurisdiction over civil actions and criminal cases dealing with federal law. Jurisdiction can overlap, and certain cases which that may be heard in federal court can instead be heard in state court. Federal courts can only interpret the law in the context of deciding a dispute

23 How to ensure judicial independence-life tenure
Federal judges, with a few exceptions, are appointed for life -- until they die, retire or resign. The Constitution calls for federal judges to act with “good behavior,” and they can be impeached for improper or criminal conduct. A strict code of conduct exists for federal judges, guiding their behavior. Many judges are also considered scholars in their field and spend time speaking, working in the community, teaching or writing in legal journals. Judges who retire, known as senior judges, may be called up on a full- or part-time basis to help with cases. Senior judges handle 15 percent to 20 percent of the workload for appellate and district courts.

24 Age limit for judges Each federal court has a chief judge who handles some administrative responsibilities in addition to his or her regular duties. The chief judge is usually the judge who has served on that court the longest. Chief justices for district and appeals courts must be under age 65 and may serve as chief judge for seven years but not beyond age 70.

25 District Courts- trial courts
Each of the 94 districts has at least two judges; the biggest districts have 24 or more. Each district also has a U.S. bankruptcy court. District Courts are the trial courts of the federal system. Their criminal cases concern federal offenses, and their civil cases deal with matters of federal law or disputes between citizens of different states (remember subject matter jurisdiction). They’re also the only federal courts where grand juries indict the accused and juries decide the cases.

26 All federal courts, except for the U. S
All federal courts, except for the U.S. Supreme Court were created by Congress. There are about 550 federal district-court judges who are appointed by the president with the advice of the Senate. They heard about 267,000 cases in Federal district courts are bound by legal precedents established by the Supreme Court. Most federal cases end with the district court's decision.  2019/4/22

27 Appeals Courts When cases are appealed from district courts, they go to a federal court of appeals. Courts of appeals do not use juries or witnesses. No new evidence is submitted in an appealed case; appellate courts base their decisions on a review of lower-court records. In 1990, the 158 judges handled about 41,000 cases. There are 12 general appeals courts. All but one of them (which serves only the District of Columbia) serve an area consisting of three to nine states (called a circuit.) There is also the U.S. Court of Appeals for the Federal Circuit, which specializes in appeals of decisions in cases involving patents, contract claims against the federal government, federal employment cases and international trade. 2019/4/22

28 Between four and twenty six judges sit on each court of appeals, and each case is usually heard by a panel of three judges. Courts of appeals offer the best hope of reversal for many appellants, since the Supreme Court hears so few cases. Fewer than 1 percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court.  2019/4/22

29 Appeals Courts Created in 1891, the number of judges on each court varies from six to 28, but most have 10 to 15. Each court has the power to review decisions of district courts in its region. Appeals Courts, sometimes called appellate courts, can also review orders of independent regulatory agencies if a dispute remains after the agencies’ internal review processes have been exhausted.

30 Appeal Process A defendant who is found guilty by a criminal court can appeal the ruling to have the case heard by the Court of Appeals. Either side may appeal in a civil case. When the Court of Appeals hears a case, the person appealing the case, called the appellant, must show that the trial court made a legal error that affected the outcome of the case. Each side presents its argument in written documents called briefs to a panel of three judges. The court bases its decision on the record of the case and does not solicit new testimony or evidence. Some panels also allow for short oral arguments.

31 The court’s decision is final unless the case is sent back to the trial court. Someone who loses in Appeals Court can petition for a writ of certiorari, an official request for the Supreme Court to review the case. The Supreme Court is not required to hear the case but generally will if multiple appellate courts have interpreted the law differently, if an important legal principle is at stake or if the case presents an issue relating to how the Constitution is interpreted. or if multiple appellate courts have interpreted the law differently. The Court of Appeals for the Federal Circuit has national jurisdiction for appeals in specialized cases -- i.e. patent laws or cases decided by courts of special jurisdiction, the Court of International Trade and the Court of Federal Claims.

32 Special Courts Court of International Trade
Congress has the power to set up special “legislative courts” whose judges are appointed for life terms by the President and approved by the Senate. Today, there are two special trial courts with national jurisdiction. Court of International Trade The Court of International Trade hears cases involving appeals of rulings of U.S. Customs offices.  Court of Claims The Court of Claims hears cases in which the U.S. Government is sued. 

33 U.S. State Judicial System
State-level court system is very similar to the federal court system (in most states) except that they have different names for different levels of courts. Know about the state court structure

34 State Court- varies by state
Each state has a court system that exist independently from the federal courts. State court systems have trial courts at the bottom level and appellate courts(one or two levels of appellate courts ) at the top. Over 95% of the nation's legal cases are decided in state courts (or local courts, which are agents of the states).- Some states have two appellate levels, and others have only a single appellate court. States vary in the way they organize and name their courts, but they usually give some lower courts specialized titles and jurisdictions. 2019/4/22

35 Family courts settle such issues as divorce and child-custody disputes, and probate courts handle the settlement of the estates of deceased persons. Below these specialized trial courts are less formal trial courts, such as magistrate courts and justice of the peace courts. These handle a variety of minor cases, such as traffic offenses, and usually do not use a jury. -Cases that originate in state courts can be appealed to a federal court if a federal issue is involved and usually only after all avenues of appeal in the state courts have been tried. 2019/4/22

36 In 1990 there were over 88 million cases heard at the state trial courts throughout the U.S. One hundred and sixty seven thousand cases were appealed at the next level, while sixty two thousand made it to the state courts of last resort.  2019/4/22

37 Policing system in the US
There are approximately twenty thousand state and local police agencies in the United States . Furthermore, the majority of police agencies in the United States are only loosely connected to one another. Many have overlapping jurisdictions at multiple levels of government, including city or town, township, county, state, and federal agencies. 2019/4/22

38 Types of police Federal- State County Municipal Others 2019/4/22

39 Federal law enforcement agencies
The Department of Justice (DOJ) is responsible for most law enforcement duties at the federal level, including the FBI, the Drug Enforcement Administration , the Bureau of Alcohol, Tobacco, Firearms, and Explosives , theUnited States Marshals Service, the Federal Bureau of Prisons  and others. The Department of Homeland Security (DHS) is another branch with numerous federal law enforcement agencies reporting to it. U.S. Customs and Border Protection , U.S. Immigration and Customs Enforcement , United States Secret Service , United States Coast Guard , and the Transportation Security Administration (f.g, airport security check) are some of the agencies that report to DHS. United States Coast Guard is assigned to the United States Department of Defense in the event of war, and operates under the Department of Homeland Security during peacetime. 2019/4/22

40 State level Most states operate statewide government agencies that provide law enforcement duties, including investigations and state patrols. They may be called State Police, State Patrolor Highway Patrol, and are normally part of the state Department of Public Safety. In addition, the Attorney General's office of each state has their own state bureaus of investigation. Various departments of state governments may have their own enforcement divisions, such as capitol police, campus police, state hospitals, Departments of Correction, water police, environmental (fish and game/wildlife) game wardens or conservation officers (who have full police powers and statewide jurisdiction). 2019/4/22

41 County level County police tend to fall into three broad categories:
Full-service - provide the full spectrum of police services to the entire county, irrespective of local communities, and may provide contractual security police services to special districts within the county. Hawaii has only county police, there are no state police. Limited service - provide services to unincorporated areas of the county, and usually provide contractual security police services to special districts within the county. Restricted service - provide security police to county owned and operated facilities and parks. Some may also perform some road patrol duties on county built and maintained roads, and provide support to municipal police departments in the county. 2019/4/22

42 Municipal level Municipal police range from one-officer agencies (sometimes still called the town marshal) to the 40,000 men and women of the New York City Police Department(NYPD in many films and TV series). Most municipal agencies take the form (Municipality Name) Police Department. Many individual cities and towns will have their own police department, with larger communities typically having larger departments with greater budgets, resources, and responsibilities. 2019/4/22

43 The majority are general-purpose agencies with responsibility for patrolling a certain area, responding to calls from citizens, and investigating certain offenses. Most of the general-purpose local police departments are small, with 81 percent (11,015) employing fewer than twenty-five full-time sworn officers. Others are special-purpose agencies with responsibility for a specific territory (such as a park or an airport) or function (such as enforcing alcoholic beverage laws or wildlife regulations).  2019/4/22


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