State Government

Chapter 12

The Federal System

Section 1

Origins of the Federal System

• Originally, each of the 13 colonies behaved like individual countries.

• Each had its own– Constitution– Government– Laws

• Articles of Confederation– Weak and Ineffective

The Constitution and Federalism

• Balances the powers of the states with the need for a strong central government.– Central too strong – Tyranny

(King George)– States too strong – chaos

(Articles of Confederation)

Rights and Powers of the States

• Can’t be divided or merged without consent• National Guard, under control of governor• Constitution only lists what the states may NOT do:– Treaties with foreign countries– Declare war– Keep an army– Issue money– Tax imports– Take away certain civil liberties

Reserved Powers

• 10th Amendment• States have all powers NOT given to the

national government or denied to the states

Federal Supremacy

• Concurrent Powers – shared by the states and the national government

• Article VI of the Constitution – supremacy clause– Laws of Congress are “the supreme law of the

land”• McCulloch v. Maryland – when state and

federal powers conflict, federal wins

States’ Rights v. Nationalists

States’ Rights• States created national

government– Therefore, all national power

should be limited• States are closer to the

people• Better reflect people’s

wishes• People identify more closely

with state and local gov.

Nationalists• The people created both

national and state governments

• Powers of national government expanded to carry out people’s will

• “Necessary and Proper” clause in the Constitution

• Power of the national government has increased over time

Governmental Cooperation

• State and national government cooperate in a wide range of programs– Highways, education and welfare

• Article IV of the Constitution– States must give “full faith and credit” to laws of

other states– Every state must have a “republican form of

government”

Governmental Cooperation

• Federal Government will defend the states from invasion and domestic violence.

• States conduct elections for federal offices.

• No Amendment can be added to the Constitution unless 3/4 of the states approve it.

State Constitutions

• Separation of powers – Three Branches• Bill of Rights• Establish Local Governments• Regulate raising and spending of money• Establish independent state agencies• Highest law in the state• Cannot clash with the US Constitution• Generally much longer than the US Constitution

The State Legislative Branch

Section 2

Makeup of Legislatures• Vary in name and size• All (except Nebraska) are bicameral– Senate and House of Representatives

• Similar Qualifications to US Congress• Responsibilities have increased over time

How State Legislatures Function

• Works much like the US Congress (Chapter 6)

Legislative Apportionment

• Based on population (Census every 10 years)• Originally, senate districts were based on area and

house based on population– Area-based districts often produce unequal

representation• Changed in the 60s– Baker v. Carr – 1962– Reynolds v. Sims – 1964

Problems Facing States

• Americans demand more of their government – better service, and more programs

• Have to raise taxes to afford these things• State legislators face a serious problem:– If they vote to raise taxes, may not be re-elected– Cutting essential services is unwise and

irresponsible• Under increasing pressure…

The State Executive BranchSection 3

Office of the Governor

Powers and Duties of the Governor

• Judicial Leader• Ceremonial Leader• Chief Executive ( Most important)• Chief Legislator• Commander-in-Chief of the National Guard• Party Leader

Executive Departments

• Secretary of State• Attorney General • Treasurer• Auditor• Executive Departments, Agencies , Boards and

Commissions

The State Judicial Branch

Section 4

State Court System

Appeals Cour

tsSerious Crimes and Large-Scale Civil

Suits

Minor Law Violations and Lawsuits

Lower State Courts

• Justices of the Peace – Justice Courts for Rural Areas and Small Towns– Handle misdemeanors

• Magistrate Courts or police courts– Minor cases– Civil cases of less than $1000

• Municipal Courts– Traffic– Juvenile– Small Claims Court

Higher State Courts

• General Trial Courts– Handle felonies and civil cases involving large sums of

money• Appellate Courts– Review decisions made by trial courts– No juries – panel of judges to decide if the defendant had a

fair trial• State Supreme Court– Court of last resort– Decisions are final unless they involve federal law or the

US Constitution

Selection of Judges

• Popular Vote• Elected by State Legislature• Governor appoints (with legislature’s

approval)• Missouri Plan

Electing Judges

For• Ensures government

“of the people, by the people and for the people”

Against

• Judges too concerned about popularity of their decisions

• Voters don’t know enough about the candidates