UNIT 5

STATE AND LOCAL GOVERNMENTS

THE STATE OF OHIO ACTS WITHIN THE FRAMEWORK OF THE U .S . CONSTITUT ION AND EXTENDS POWERS AND FUNCTIONS TO LOCAL GOVERNMENTS.

SECTION 1

THE OHIO

CONSTITUTION

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STATE CONSTITUTIONS--EACH STATE HAS OWN CONSTITUTION

Types of ConstitutionsOklahoma: schools must “provide for the teaching of the elements of agriculture, horticulture, stock feeding, and domestic science”

Each state has laws that are important to that state

Some are long, some shortMany have been revised many timesThey change with the timesA certain event forces the changeEx: end of slavery

OHIO—2 CONSTITUTIONSI. Constitution #1: The original A. Legislative Branch: General Assembly

Had all the power Key judicial leaders chosen by GA Most executive leaders chose by GA

B. Executive Branch: Governor Had very little power Was elected by people (most other executive officers were picked by the GA)

C. Judicial Branch: Supreme Court Supreme Court required to meet in each county once/yr

Tough to fulfill its obligations

***State had a lot of debt, so changes needed to be made.

OHIO—2 CONSTITUTIONSI. Constitution #2: 1851 A. Legislative Branch: General Assembly

Had a lot of power Key judicial leaders now chosen by the people Executive leaders now chosen by the people Had to make laws that would be the same for the entire state

B. Executive Branch: Governor Still had very little power Was elected by people (most other executive officers were picked by the GA)

C. Judicial Branch: Supreme Court AND DISTRICT COURTS District courts were added

Reduced the burden of the Supreme Court

***The new constitution instituted debt limitations, banned poll taxes and required that tax funds be used only for their stated purpose.

LINK TO

OHIO’S

CONSTITUTIO

N

O H I O S

T A T E CO N S T I T

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SECTION 2

S T R U C T U R E OF S

T A T E AN D L

O C A L GO V E R N M E N T

CONTENT STATEMENT

AS A FRAMEWORK FOR THE STATE, THE OHIO CONST ITUT ION COMPLEMENTS THE FEDERAL STRUCTURE OF GOVERNMENT IN THE UNITED STATES .

GENERAL INFOA. The government of the State of Ohio fits

within the federal structure of government. B. The Ohio Constitution must be consistent

with the basic principles outlined in the U.S. Constitution (Article VI).

C. The Ohio Constitution outlines the powers and functions of state government and provides the context for local government in the state.

I. STATE LEGISLATIVE BRANCH Terms

Senators: most states—4 year terms House: most states—2 year terms

Sessions State legislator used to be part time—met every other year Now, most full time and meet every year

Qualifications Serve in the district they serve Senators: most states—25 years old House: most states—21 years old Most are younger than federal Congressmen—it’s the beginning step of the political career ladder.

Politicians get their start at the state level Salaries

Varies state to state Some $100,000 or more Some only a few thousand/year

Leadership All states (except Nebraska) have 2 houses Each house has leaders who

Assign bills to committees Make committee assignments Control floor debates

Committees Perform the main legislative work of the states (just like Congress) How a Bill Becomes a Law???—same procedure as in Congress, only the Governor signs the bill instead of

the President Committee staffs have grown substantially over the years to help do the work of the legislators ***OHIO GENERAL ASSEMBLY CAN OVERRIDE GOVERNOR VETO WITH 3/5 VOTE FROM EACH CHAMBER

II. STATE EXECUTIVE BRANCH*Governor—each state has one. He is the elected chief executive. ***All

elections for the Ohio executive branch occur in even-numbered, non-presidential years.

Governors Qualifications and Terms Be a U.S. citizen Resided in the state for a certain amount of time Usually must be 30 years old Terms: most serve 4 year terms

Governors Salaries Varies state to state Most between $100,000 and 200,000 Also get travel and business expenses

Governor’s Roles Initiate bills Prepare budgets Setting an agenda for the state Education and welfare reform Chief ambassadors—try to lure business to the state

Governor’s Powers Started off having little power (founding fathers did not want a powerful gov.) Governors usually do not have power to appoint Can line-item veto—only veto part of a bill he/she does not like, but keep the rest

III. STATE JUDICIAL BRANCH *Trial Courts

District attorney or public prosecutor is in charge of investigating and prosecuting Usually need grand jury approval to take case to court Next, a petit (trial) jury hears the case This jury is selected from a jury pool—a group of people who might be chosen to

serve in a trial Appeals Courts

Decisions can be appealed to state appeals court Highest court of appeals is the state Supreme Court Only appeal to federal court if involves a possible violation of the U.S. Constitution

or other federal law Special Courts

Have limited jurisdiction, or handle only certain types of cases Examples

Family courts (divorce, child custody) Probate courts (estates of deceases people) Juvenile courts (youth cases) Traffic courts

The Judges County trial court judges are usually elected Most have limited terms—6 to 10 years. IN OHIO, TERMS ARE 6 YEARS!

SECTION 3

R E S P O N S I BI L

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CONTENT STATEMENT

I N D I V I D UA L S I N O H I O H AV E A R E S P O N S I B I L I T Y T O A SS I S T S TAT E A N D LO C A L G OV E R N M E N T S A S T H E Y A D D R E SS R E L E VA N T A N D O F T E N C O N T R OV E R S I A L P R O B L E M S T H AT D I R E C T LY A F F E C T T H E I R C O M M U N I T I E S

HOW TO GET INVOLVED

A. Ohioans can assist government in addressing problems affecting the state and local communities.

1. Involvement at the state level can range from a. paying taxes b. serving in the National Guard c. running for state office d. voting e. signing petitions to place issues on the ballot.

2. Involvement at the local level can range from a. organizing civic activities b. attending meetings of local boards and commissions c. joining community watch groups d. serving in a volunteer fire department.

STATE GOVERNMENTS AND THE PEOPLE Initiatives: a procedure for proposing and enacting state or local laws

Need a certain minimum # of voters to sign a petition backing the bill proposed by the initiative

Then, the bill is voted for by the people in the next election Most states have initiative *SEE EXAMPLES IN TEXTBOOK BOTTOM PAGE 463

Referendum: a popular vote on a proposal that has already been considered by the legislature A controversial bill can be given to the voters to vote on instead of the legislative

branch OR The voters can overturn a law that has already been passed

EX: Senate Bill 5 in Ohio in 2011 Recall

A special election to remove an elected official from office before the end of his or her term Need a certain minimum # of voters to sign a petition Recalls are rare

People already voted that person into office If official did something terrible, they usually resign

CONSTITUTIONAL CONVENTIONAccording to the Ohio Constitution,

every 20 years, the General Assembly must ask voters if they want to hold a constitutional convention

LINK TO

OHIO STATE

GOVERNMENT PAGE

HTTP: / /OHIO

.GOV/

SECTION 4

LO C A L GOV E R N M E N T

LINKS TO

LOCAL

GOVERNMENT

CANTONOHIO.G

OV/

HTTP : / /CANTONTWP-O

H.GOV

/