Federalism

I. Chapter 11, Section 1

A. Basis for Federalism:1. Compromise between those who wanted a strong central govt. and those who wanted to protect state rights.

(Name those two groups ….)2. Framers (writers of the Constitution) left many details of federalism to be worked out in the future. 3. However, the framers carefully defined the powers of state and national governments.

B. National Powers1. Enumerated: (also known as expressed or delegated)

a. Powers are granted to, and exercised ONLY by the national government.

b. The delegated powers are

specifically listed in the U.S. Constitution Articles I, II, III

2. Concurrent Powersa. Duties shared by both the national government and state governmentsb. Examples:

1. Levy and collect taxes2. Establish courts3. Make/Enforce laws4. Take private property for public

purposes, with just compensation

C. Reserved Powers

1. Powers given to the States by the 10th Amendment

"The power not delegated to the United States by the Constitution., not prohibited to it by the States, are reserved to the States or to the people."

2. Examples: a. Voting qualificationsb. Public educationc. Police powers (death penalty)d. Right to regulate commerce within a state (Intrastate)

3. State Constitutions

a. The Northwest Ordinance of 1787 and Article IV of the Constitution

b. Potential state’s must write a constitution that must be approved by Congress.

c. Federal constitution contains about 3,500 words; Missouri’s constitution contains roughly 40,000.

4. Federalism in Action

a. Power to the States:1. States can fit programs to the specific

needs of their states.2. Allows Federal government to focus on

major responsibilities.

b. Power to the National Government:1. The opportunities in different states

are not always equal.2. Problems may be too large for some

states to solve.3. Some problems include more than

one state.•Controlling the flow of the Missouri

River•Hurricane Katrina•Forest Fires, floods, etc.

c. Article VI of the U.S. Const. makes it clear that whenever state and federal laws conflict, the federal law is supreme.

d. Supremacy Clause: --Constitutional requirement that federal law prevails over state law

JournalWhat

symbolism do you see in

the cartoon?

I. Missouri State Government

A. Structure1. Same structure as the US Govt.

a. Legislativeb. Executive c. Judicial

2. Missouri sends 11 Congressmen to Washington D.C.

a. 2 Senators b. 9 Representatives

B. Missouri Legislative Branch

1. Legislative Branch is known as the MO General Assembly

2. Bicameral a. Upper House: Senateb. Lower House: House of Representatives

3. Legislative Session: a. One per year, from January to mid-Mayb. Additional “special” sessions can be added

SENATEHOUSE

4. The Missouri Senate

a. 34 total membersb. Apportioned or elected from districts

with equal populations (1 per 165,000 people)

c. Qualifications1. 30 years of age2. Serve 4-year terms3. Must be a qualified voter of their district for 1-year4. Limited to 2-Four year terms (8 years)5. Salary-$31,350

d. Leadership1. Lieutenant Governor

a. Presides over the Senateb. Votes in case of a tiec. Only elected official that is part of the

Executive and Legislative Branches. 2. President pro tem

a. Elected by the majority party in the Senateb. Assign committee bills and to rule on points of order

3. Majority/Minority party leaders4. Committee Chairs

-16 Committees in the Senate

Administration Agriculture, Conservation, Parks & Natural Resources

Appropriations Commerce, Energy and the Environment

Economic Development, Tourism & Local GovernmentEducation

Financial, Governmental Organizations, and ElectionsGovernmental Accountability & Fiscal Oversight

Gubernatorial Appointments Health and Mental Health

Judiciary and Civil & Criminal Jurisprudence Pensions, Veterans' Affairs and General Laws

Rules, Joint Rules, Resolutions & Ethics Seniors, Families and Public Health

Small Business, Insurance & Industrial RelationsTransportation

Ways and Means

5. MO House of Representatives

a. 163 total members (1 per 31,000 people)

b. Qualifications1. 24 yrs. Old2. Serve 2 year terms (max. of 4 terms) 3. Must be a qualified voter of their district for 2 years

MO House Districts – all 162 of them

c. Leadership1. Speaker of the House

a. Chosen by the majority partyb. Appoint committee chairs and people

to committeesc. Assign bills to committees

2. Speaker pro tem--presides in the Speakers absence

3. Majority/Minority Floor leaders4. Party Whip

--Directs the support of party members for the party’s programs/bills

6. Reapportionment

a. Def: the changing of election district lines to balance populations. b. Required every 10 years with the census (official count of the population)

7. The Steps of the Legislative Process

a. Bill is introduced in either the House or Senate

b. Assigned to a committee1. Study the bill (research, etc) 2. Public Hearings: citizens allowed to

speak3. Executive Session: vote on the

outcome of the bill

c. If passed, sent to the floor to be voted on by all of the House/Senate (changes can be made)

d. If passed in the House, bill is sent to the Senate and it goes through the same process

e. Final Step=Governor signs the bill into law

Two Ways Missouri Laws

Are Made Voters

ELECT Representatives to the

General Assembly and the

Governor

DIRECT VOTE by the

PEOPLE initiative

referendum

C. Missouri Executive Branch

1. Established by Article IV of the MO Constitution

2. Governor a. Qualifications

1. 30 yrs. Old2. U.S. citizen for 15 yrs3. MO resident for 10 yrs.

b. Term length=4 years

Governor Jay NixonSpeaker Ron Richards

c. Basic Powers 1. Enforce laws passed by the General Assembly

2. Appoint officials *approval of the Senate *Executive staff

*Boards and Commissions

3.Sign and veto bills

4. Commands MO National Guard

5. Grants pardons and reprieves a. Pardon=free from punishment

b. Reprieve=delay punishment c. Commute=change

punishment

3. Lieutenant Governor

a. Qualifications (Same as Governor) b. Only elected official that is part of both the

Executive and Legislative branches in Missouri

c. Powers and duties1. President of the Senate

-votes in case of a tie2. Replaces Governor in times of absence3. Head of several Boards and Commissions4. 4 year term, with no term limits

4. Secretary of State

a. Qualifications: 1. MO resident for 1 year2. Four year term

b. Duties: “Information Place”1. Responsible for: state documents, historic records, and state library2. Chief Elections official3. Keeper of the State Seal (validates official documents of the governor)4. Protects consumers from business fraud5. 269 Secretary of State office employees

State Seal

HOMEWORK FOR TODAY:

Page 80 termsPage 107 questions#2, 3, 6, 8

5. State Auditor

a. Qualifications (same as Governor) b. Duties

1. Responsible for inspecting the finances of all state agencies 2. Makes sure the MO govt. uses its citizens’ tax dollars responsibly

6. State Treasurer

a. Qualifications (same as Sec. of State) b. Manages and invests the state's money

($17 billion in annual revenue) c. Limited to two terms

7. Attorney General a. Lawyer of the State of MOb. Must be an attorney and live in Jefferson City while in office c. Gives legal advice to state officials

Attorney General Chris

Koster

State Treasurer Clint Zweifel

Missouri’s Executive

Branch

Missouri Executive Branch

Elective Offices

Voters

Governor

Lieutenant Governor

Secretary of State

Auditor

Treasurer

Attorney General

D. Judicial Branch of Missouri 1. Established by Article V of the MO

Constitution2. Three levels of courts:

Missouri Supreme Court

Missouri Appeals Courts

Missouri Circuit Courts

3. Qualifications: a. All judges must be licensed to practice law in Missouri b. Required to retire at age 70.

4. Circuit Court a. Trial level (lowest level) b. 45 Judicial Circuits (districts) based along county lines c. Circuit courts handle civil and criminal trials.

d. Every circuit contains at least one circuit judge and at least one associate circuit judge for each county within the circuit.

e. Qualifications: 1. Circuit judges:

a. 30 years of ageb. US Citizen for 10 yrs. c. MO voter for 3 yrs. d. a resident of the circuit at least one

yr. e. Circuit judges have six-year terms

2. Associate circuit judges a. 25 years of ageb. voter of Missouric. resident of the county. d. Four-year terms.

f. Boonville: Judicial Circuit 18

5. Appeals Courtsa. Three appeals court districts in Missouri:

1. St. Louis (eastern district)2. Kansas City (western district)3. Springfield (southern district)

b. Qualifications1. 30 years old2. Residents of their district3. U.S. citizens for at least 15 years 4. Missouri voters for nine years

c. Hear cases from lower courts whose decisions have been appealed and are not reserved exclusively for the Missouri Supreme Court.

d. Appellate judges are appointed initially and then retained by a favorable vote of the people every 12 years.

Homework for Today:

Pg. 134 termsPg. 161 Questions 1, 3, and 5

6. Supreme Court of Missouria. Types of Cases:

1. appealed from the courts of appeals 2. involving the death penalty3. a U.S. treaty or statute4. the Missouri Constitution

b. There are seven judges on the Supreme Courtc. Qualifications: same qualifications and terms as appeals court judgesd. The chief justice position is rotated between members every two years.e. Serve 12 year terms

e. How does the Supreme Court decide cases? 1. Lawyers give the Court a written copy of the trial court proceedings2. Then they write lengthy, detailed documents (called "briefs“) arguing their points and providing legal support for them. 3. Next, the attorneys typically argue the merits of their cases orally before the Supreme Court 4. The Court considers these briefs and arguments in researching and deciding the cases.

III. The Missouri Plan

A. Missouri’s method of selecting judges for the Supreme Court and Appeals courts. 1. Adopted in 1940 b/c of voter backlash against abuse 2. Attempt to take politics out of the selection of judges

B. The plan provides for the selection of judges based on merit rather than political party.

C. Operation of the Plan1. A judicial commission:

a. reviews applicationsb. interviews candidatesc. selects a judicial panel

2. The Judicial Panel: a. Chief Justice of MO Supreme Courtb. Three lawyers elected by the

Missouri Bar (organization of all MO lawyers) c. Three citizens chosen by the

governor

3. Decision Timea. The panel selects the 3 best

applicantsb. Then submits that group to the

governorc. The governor has 60 days to appoint

one of the three to the fill the vacancy

4. Voters have a saya. After 1 year, the voters decide on

whether or not the judge will be retained or kept.

b. Name appears on the general election ballot.

c. Judicial Evaluation Survey: lawyers rate judges on performance.

IV. Missouri ConstitutionA. History

1. Four Constitution in MO historya. 1st adopted in 1820b. 2nd adopted at the end of the Civil

War in 1865c. 2nd ruled unconstitutional and next

was adopted in 1875d. Current constitution adopted in

1945

B. Structure1. Preamble

We the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this constitution for the better government of the state.

2. Article One: Bill of Rights--Lists basic rights of all Missourians

3. Article Two: Distribution of Powers--Creation of three branches of MO

govt.

Missouri Voters

Legislative Branch

GENERAL ASSEMBLY Senate and House of

Representatives

Executive Branch

Governor, Lt. Gov.

Cabinet Depts.

Judicial Branch

Supreme Court, Courts of Appeals,

Circuit Courts

Missouri Government

4. Article Three: Legislative Department

5. Article Four: Executive Department

6. Article Five: Judicial Department

7. Article Six: Local Government

8. 14 total Articles