0. Louisiana: The History of an American State
Chapter 4
Louisiana’s Government:
Rights and Responsibilities
Study Presentation
©2005 Clairmont Press

1. Chapter 4: Louisiana’s Government: Rights and Responsibilities
Section 1: Democratic Government
Section 2: Structure of State Government
Section 3: Local Governments
Section 4: Citizens and Government

2. Section 1: Democratic Government
ESSENTIAL QUESTION:
How does Louisiana’s constitution set out a plan for organizing the government?

3. Section 1: Democratic Government
What words do I need to know?
1. government
2. parish
3. constitution
4. federalism

4. The History of Louisiana Government
Influenced by its colonial founders
Spanish: parishes (geographical divisions of the Catholic church)
French & Spanish government influences: civil laws based on civil codes

5. The History of Louisiana Government
Also based on British common law system
common law (follows precedents)
civil law (uses a written code)
criminal law
(protects society from criminals)

6. Foundations of Government
People given authority to write a state constitution prior to statehood
April 30, 1812: Louisiana 18th state to enter the Union
Constitutional government
State powers derived via US Constitution, describing specific state and local responsibilities

7. The United States Constitution
Reflects government by the citizens:
“We the People” (1st phrase in Preamble)
Identifies purpose, organization, & purpose of government
Establishes division of power (federalism)
Article 4: U.S. Constitution
Discusses shared relationship between state & federal governments
Indicates powers belonging to the state
Bill of Rights (Tenth Amendment)

8. The State Constitution
Provides a framework for the state government
Acts in the interest of the people
Protects the rights of citizens
State bill of rights stronger than the US Bill of Rights
non-discrimination laws stronger & more detailed and specific
Louisiana history includes 11 constitutions
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9. Section 2: Structure of State Government
ESSENTIAL QUESTION:
How does Louisiana’s government operate?

10. Section 2: Structure of State Government
Executive Branch
Governor
Lieutenant Governor
Attorney General
Secretary of State
Treasurer
Other Elected Officials
Legislative Branch
State Legislators
Legislative Sessions
Law Making
Judicial Branch
Civil and Criminal Law
Louisiana’s Court System
Juries
Funding State Government
The State Budget
Taxes
Other Sources of Revenue

11. Section 2: Structure of State Government
What words do I need to know?
1. checks & balances
2. veto
3. executive branch
4. governor
5. budget
6. lieutenant governor
7. attorney general
8. secretary of state
9. treasurer
10. legislative branch
11. bicameral
12. census (Continued)

12. Section 2: Structure of State Government
13. reapportionment
14. speaker of the house
15. president of the senate
16. constituent
17. bill
18. judicial branch
19. civil law
20. criminal law
21. jury
22. taxes

13. Section 2: Structure of State Government
Louisiana’s constitution:
Patterned after US Constitution
Three branches of government
Power divided
Checks and balances
veto: refuse to approve

14. Executive Branch Implements the laws Operates state government
Oversees state services
Governor – chief executive officer
Other elected officials include – lieutenant governor, secretary of state, treasurer, attorney general, commissioner of agriculture and forestry, & commissioner of insurance

15. Governor Must be at least 25 years old
A citizen of the US & Louisiana at least five years
Elected for a four-year term
Can serve two back-to-back terms
Duties: prepares & submits a budget to the legislature
Appoints citizens to boards & commissions
Calls special sessions of the legislature

16. Lieutenant Governor Serves as a public relations office for the state
Heads the State Department of Culture, Recreation and Tourism
Somewhat like being vice president of the United States
Acts as or replaces governor if needed

17. Attorney General
Heads the state’s legal office, the Department of Justice
Provides opinions on questions of law to all state agencies & other government groups
Can bring legal action on behalf of the state
1990s – Louisiana joins other states’ actions to sue tobacco companies
Defends Louisiana laws if challenged

18. Secretary of State Chief election officer for Louisiana
Sole supervision duties of state held elections
Keeps official records
Publishes the acts and journals of the legislature
Keeper of the Great Seal of the state

19. Treasurer Elected head of the Department of the Treasury
In charge of the state’s money
Keeps records of the state’s income and expenses
Invests state monies not needed
Provides the governor and the legislature a yearly financial report

20. Other Elected Officials
Commissioner of Agriculture
Promotes agriculture & forestry
Oversees soil & water conservation
Commissioner of Insurance
Enforces insurance laws passed by the legislature
The Board of Elementary and Secondary Education (BESE)
Supervises education
Appoints the state superintendent of education
Three members of the board governor appointees

21. Legislative Branch Consists of two bodies:
(1) house of representatives (2) senate
Based on model called bicameral (two chambers): camera - Latin word for “chamber”
Contains 144 members (39 Senators / 105 Representatives) elected from geographic districts
New districts redrawn every 10 years based on US census and new population numbers (reapportionment)

22. State Legislators
Old enough to vote (18 years old) old enough to be elected
Candidate must be a registered voter
A resident of the state at least 2 years
One year resident of the district
Elected for two-year term
Maximum of three terms (total of 12 years)

23. Legislative Sessions Meets every year
Even-numbered years: meets 30 days during a 45-day period
Tax bills: can only be passed in even-numbered years
Odd-numbered years: meets 60 days during an 85-day period
Speaker of the House: resides over the House of Representatives
President of the Senate: resides over the Senate
constituents: people legislators represent

24. Law Making Writes and approves laws
Proposed laws (bills) in either chamber
A bill becomes law:
Approved by both the house & senate
Signed by the governor

25. Judicial Branch
Interprets & applies the constitution and laws of the state
Protects the rights of the citizens
life, liberty, or property
exception: by due process of law
Rules established by courts

26. Civil and Criminal Law Laws divided into two categories
Civil laws: relationships between & among individuals
Elected & appointed officials
Laws enforced by sheriffs, police, & city marshals
District attorneys: prosecutes criminal cases in district courts
Clerks of court: keeps official records for a parish

27. Louisiana’s Court System
Three levels
District courts, courts of appeal, & the Louisiana supreme court
District courts (main trial courts)
Hears both civil & criminal cases
Court of appeals (2nd step in the judicial process)
to appeal – take a case to a higher court for rehearing
Louisiana state supreme court (hears appeals from lower-level courts)
Always reviews case in which defendant has been sentenced to death

28. Juries Three reason for going to court as a witness
as a participant in a civil lawsuit
as a person charged with a crime
jury duty – when a citizen serves on a jury
Grand jury
12 citizens serve for six months
1st step against accused criminal
Decision to indict a person
Regular trial hears evidence and rules on the defendant’s innocence or guilt

29. Funding State Government
State needs money to function
Budget requires detailed planning from state government to meet needs of its people

30. The State Budget Budget requires plan of receiving & spending money
Revenue estimate each year
How much?
How to spend?
Budget from governor
Includes revenue & expenditure
Balanced budget state constitutional requirement

31. Taxes
Taxes: federal, state, and local monies collected from citizens that help provide government services
Sales tax: charges on items purchased (largest single source of tax revenue)
Excise tax: charges on gasoline, alcohol, soft drinks, and cigarettes
Severance tax: charge for removing natural resources
Income tax: based on salary/income
Property tax: on homes and land
Homestead exemption tax: based on value of a home according to the exemption scale
Taxes on vehicles

32. Other Sources of Revenue
Additional tax revenue
Fees from drivers’ licenses
Fees from business licenses
Interest from state investments
Money earned from oil & gas royalties
Royalties from state-owned lands
Hundreds of millions of $ paid to state in settlements
Monies received from the 8g fund
The Millennium Trust Fund
 of budget received from the federal government
Borrowing money by selling bonds to investors
Gaming (legal term for gambling)
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33. Section 3: Local Governments
ESSENTIAL QUESTION:
What are the types of local governments?

34. Section 3: Local Governments
- What words do I need to know?
police jury
home rule
municipality

35. Parish Government Primary local government division
System of 64 parishes since 1912
Parish government & courthouse located in town or city known as the parish seat
1st set up as church divisions during Spanish colonial Louisiana

36. Police Jury Citizens chosen to supervise (or police the parish)
Group referred to as a jury
46 (out of 64) parishes still the same
5 – 15 elected members
Passes local laws for the parish
Responsible for building and maintaining parish roads & buildings

37. Police Jury Authority to raise money for expenses
Appoints parish registrar of voters & the treasurer, tax collector, sheriff, district attorney, clerk of the court
Create special districts
Report only to the voters

38. Other Parish Government Plans
Local governments have more power through Louisiana’s current constitution
home rule: power of political subdivisions to govern themselves
home rule charter: community can organize local government in a form other than police jury
combined government: city and parish government in one body

39. School Boards Same political boundaries as the parishes
Exceptions: City districts of Baker, Bogalusa, Monroe, and Zachary
Board members elected based on population
Four-year terms for members
Not a part of parish government
Closely regulated by the state
School operating monies come from the state and from local taxes and bonds
Board appointed superintendent in each local system

40. Municipalities Political boundaries Cities and towns
villages: smallest municipalities (population from 150 to 999)
town: larger municipalities (when the population reaches 1,000)
city: population
A mayor & a council (or a group of commissioners): elected by each local group
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41. Section 4: Citizens and Government
ESSENTIAL QUESTION:
What are the rights and responsibilities of citizens?

42. Section 4: Citizens and Government
What words do I need to know?
open primary
lobbying
civic

43. Voting and Elections
26th amendment (1971): US constitution changes right to vote from 21 to 18
Must live in parish to register in that parish
register at registrar of voters’ office, by mail, or at the Office of Motor Vehicles
Voter not limited to one party
runoff election: when two candidates receive the most votes – either from the same party or different political parties

44. Political Parties
Organizations of people having similar ideas about how government should be operated
1st parties: formed around Thomas Jefferson & Alexander Hamilton
Major political parties: Republican Party & Democratic Party
In Louisiana, more registered Democrats
Vote more by factions
factions: groups of voters with a common interest – includes Catholics, Protestants, Acadians, & African Americans, etc.

45. Campaigns Candidates: campaign to win votes Methods of campaigning
Traditionally: Spoke directly to the people
More recently: television, radio & newspaper ads
Hiring of political consultants
Fund-raising now essential
Campaign financing limited by law
Disclosure required of amount of money contributed and contributor

46. Lobbying Efforts made to influence a legislator
Lobbyist not limited to a special group, person, or persons
Lobbying: done through letters and visits to the Capital
Some lobbyists volunteer, others paid
MADD (Mothers Against Drunk Driving): example of a lobbying group
Methods of lobbyist limited – example: using money to buy influence prohibited
Lobbying at State & National levels often affects the law makers final decisions
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