State and Local Government. 24:1 State Constitutions.
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Transcript of State and Local Government. 24:1 State Constitutions.
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State and Local Government
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24:1 State Constitutions
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Purpose of State Constitution• Supreme Law of the State• Sets up organization of State’s government• Distributes power among branches of State
government• Supremacy Clause- must not conflict with any
form of federal law
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Basic Principles of State Constitutions
1. Popular sovereignty and limited government– Must act with consent of the people and within
defined boundaries– All states have 3 branches with checks and balances
2. Protection of Civil Rights– All have a Bill of Rights
3. Structure– Every state divides power between State and Local
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Basic Principles of State Constitutions
4. Powers and Processes– Outline powers and
duties of each branch
5. Constitutional Change– Details how
constitution can be amended
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Georgia’s Constitution• It is the governing document
that explains the laws, governmental offices, and citizens rights and responsibilities in the state of Georgia.
• We’ve had 10
What is the Georgia state constitution?
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Georgia’s Constitution• Structure of the Georgia state
constitution:– Preamble (Introduction)– Articles (11 main articles)
–Sections–Paragraphs
What is the basic structure of the Georgia state constitution?
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Georgia’s Constitution• Article I: Bill of Rights• Article II: Voting & Elections• Article III: Legislative Branch• Article IV: Constitutional Boards &
Commissions• Article V: Executive Branch• Article VI: Judicial Branch• Article VII: Taxation & Finance• Article VIII: Education• Article IX: Counties & Municipal
Corporations• Article X: Amendments to the
Constitution• Article XI: Miscellaneous Provisions
What is the basic structure of the Georgia state constitution?
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Structure of U.S. Government
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Structure of Georgia Government
State Capital
Governor’s Mansion
State Supreme
Court
General Assembly
Governor Lieutenant Governor
Notice the
similarities between
the structure of the
national and state
governments.
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24:2 State Legislatures
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How are State Legislative Branches Organized?
• Job: Make Laws• 49 are bicameral with a Senate and a lower house• Qualifications set by State’s constitution• Elected by popular vote• Term lengths 2-4 years• High turnover• 43 meet annually, 6 biannually, CA continuous 2 year session
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State Legislative Powers• Pass new laws, amend old laws, do away with old
laws• State Law topics:
– State Taxes (income, sales)– Education (Common Core? Charters? Governor take
over failing schools?)– Property (DOT-eminent domain)– Define crimes, set punishments (death penalty?)– Regulation of business and professions (tax codes,
teacher certifications)
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State Police Powers
• Power to safeguard the well being of the people of the State
• Power to protect and promote– Public Health (immunizations, pollution, alcohol)– Public Safety (traffic laws, DUI, weapons)– Public Morals (prostitution)– General Welfare (education, aid to needy)
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Reapportionment• State legislatures responsible for
reapportionment every 10 years based on census
• State and Federal• Gerrymandering-drawing election districts to
support a particular group
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How a Bill becomes a Law in GA• Must be introduced in either House or Senate
– Appropriations bills MUST originate in House• Sent to committee• Same version of bill must pass both houses• Sent to governor for signature/veto
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Structure of Georgia GovernmentExecutive Branch Legislative Branch Judicial Branch
Carries out the laws. Makes the laws. Evaluates or reviews the laws.
Governor: Nathan Deal (Republican) 82nd Governor
Lieutenant Governor:Casey Cagle (Republican)
Also includes the head officials of these departments:Department of Agriculture, Attorney General, GA Insurance and Safety Fire Commissioner, Public Service Commission, Secretary of State, and State School Superintendent.
General Assembly
House of Representatives: 180 members representing the citizens of Georgia.
Senate: 56 members representing the citizens of Georgia.
Courts at the state, county and city levels.
Supreme Court
Juvenile Courts
Court of Appeals
Superior Courts
Probate Courts
Magistrate Courts
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GA’s 153rd General Assembly• Elected by popular vote• No term limits• 2 year terms• 40 legislative day sessions each year January-March• Single voting districts apportioned/reapportioned based on
population• $17,000• Qualifications
– 2 year US and GA citizen– 1 year GA resident– Senators 25 years old– Representatives 21 years old
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Georgia House of Representatives
Richmond Hill164th DistrictRon Stephens
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Georgia’s Senate
RH SenatorDistrict 1Ben Watson
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GA General Assembly Committees
• Organized like Congress• Bills begin in House or Senate and sent to
committee• Standing Committees- permanent (26/36)• Interim Committees- temporary, special tasks• Conference Committee- works on compromise
bills of House and Senate• Members serve on several committees
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Committees• Ben Watson Senate Committees
– Economic Development and Tourism - Vice Chairman– Ethics - Member– Health and Human Services - Member– Public Safety - Member– State Institutions and Property - Secretary
• Ron Stephens House Committees– Appropriations - Member– Economic Development & Tourism - Chairman– Rules - Member– Ways & Means - Member
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24:3 Governors and State Administration
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The Governorship
• State’s Chief Executive• State’s Constitution sets formal qualifications
and terms• Chosen by popular vote in all states
– Plurality wins in most states– Majority needed in GA or go to run-off
• Lt. Governor succeeds in 43 states• Can be impeached or recalled
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Governor’s Executive Powers• Appointment and Removals
– Appoint cabinet/judges to carry out and interpret law
• Supervisory Powers– Make sure laws/policies are enforced by state
agencies• Budget Making
– Prepare a yearly budget• Military Powers
– Commander in Chief National Guard
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Governor’s Legislative Powers
• Message Power– Recommend and influence legislation
• Special Sessions– Call legislature into special session in
extraordinary situations• Veto Power
– Same as President– Some states have line item veto- can strike down
part of a bill and it passes w/o going back to H/S
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Governor’s Judicial Powers• Some might be sole power of a governor, or a
shared power with a board such as a parole board– Clemency- showing leniency, mercy– Pardon- release one from legal consequences of a
crime– Commutation- reducing a court’s punishment– Reprieve- postponing an execution– Parole- early release of a prisoner
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Other Executive Departments• Unlike the President’s cabinet, Governors
share their power with other elected executive officers.
• State Secretary of State– Chief clerk and record keeper
• State Treasurer– Tax collector, payroll, and bill payer
• State Attorney General– Legal advisor to stat’s officers, represent State in
court, oversee work of local prosecutors
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Structure of Georgia GovernmentExecutive Branch Legislative Branch Judicial Branch
Carries out the laws. Makes the laws. Evaluates or reviews the laws.
Governor: Nathan Deal (Republican) 82nd Governor
Lieutenant Governor:Casey Cagle (Republican)
Also includes the head officials of these departments:Department of Agriculture, Attorney General, GA Insurance and Safety Fire Commissioner, Public Service Commission, Secretary of State, and State School Superintendent.
General Assembly
House of Representatives: 180 members representing the citizens of Georgia.
Senate: 56 members representing the citizens of Georgia.
Courts at the state, county and city levels.
Supreme Court
Juvenile Courts
Court of Appeals
Superior Courts
Probate Courts
Magistrate Courts
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Georgia GovernorNathan Deal
• Republican• 4 year term, 2 consecutive allowed• Elected by popular vote• Qualifications
– 30 years of age– 15 year US citizen– Resident of GA for 6 years
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Georgia Lieutenant GovernorCasey Cagle
• Succeeds governor if resigns or dies• Elected by popular vote SEPARATELY from the
Governor• 4 year term, unlimited consecutive terms• Presides over GA Senate• Qualifications-same as Governor
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Other GA Executive Officers• Elected by popular vote• 4 year terms
– Attorney General-Sam Olens– Commissioner of Agriculture- Gary Black– Commissioner of Labor-Mark Butler– Commissioner of Insurance- Ralph Hudgens– Secretary of State- Brian Kemp– State School Superintendent- Richard Woods
• 6 Year Terms– 5 Public Service Commissioners– Our area is Doug Everett
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24:4 State Courts
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State Court Laws• Constitutional Law
– Interpret the state constitution/judicial review/protect citizen’s rights
• Statutory Law– Enforces the laws of the states
• Common Law– Unwritten judge-made law that has developed over centuries
• Criminal Law– Offenses against public order, and punishments
• Civil Law– Disputes between people or between people and the State
• Felony– Serious crime punishable by heavy fine, lengthy imprisonment,
death• Misdemeanor
– Less serious crime punishable by light fine, short imprisonment
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State Juries• Grand Juries
– 6-23 people– Hear from prosecutor and witnesses, can ask
questions– determine whether the evidence against a person
charged with a crime is sufficient to justify a trial– Used only in criminal proceedings– Whole thing done in secret
• Petit Juries– The trial jury– 6-12 people– May/may not have to be unanimous verdict
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Georgia’s Supreme Court• Highest court in GA• Elected by popular vote• 6 year terms• 7 justices• Chief Justice chosen by other justices
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GA Court of Appeals
• 2nd highest court in GA• 12, Chief Judge rotates every 2 years• Reviews cases on appeal from lower courts• No jury, witnesses, etc.• Determine whether the law was correctly
interpreted in the lower court
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Georgia Trial Courts
• 5 Trial Level Courts– Magistrate– Juvenile– Probate– State– Superior
• Municipal Courts– 350 state wide– Traffic, local ordinances, issue warrants
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Local Government: Bryan County• County Commission System• County Seat-Pembroke• 1 Chairman + 5 County Commissioners• Chairman-Jimmy Burnsed• County Administrator-Ben Taylor• The Board of Commissioners is ultimately responsibility for policy making and
executive decisions concerning county government. The Board secures advisory assistance in this policy making role and administrative assistance in an executive role for day to day operations through a County Administrator. The county administrator normally has direct control over department heads and the approved county budget. The board of commissioners has the authority to appoint or remove the county administrator.
• Meet once/month• Elected to 4 year terms which are staggered• Bryan County Sheriff- highest elected official in Bryan County
– Clyde Smith
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Local Government: RH
• Mayor and City Council– Mayor Harold Fowler– 4 City Councilmembers (Mr. Carpenter)– Elected to 4 year terms, staggered
• City Manager– Chris Lovell– The City Manager is the Administrative head of the city staff. He
supervises all departments. He negotiates on behalf of the city and signs contracts. He is involved in all facets of city government. He attends meetings and social functions as a representative of the city. It is his job to see that the Mayor and Council stay informed about issues that affect the city and to makerecommendations on a course of action.