State and Local Government

Why have state and local governments?

• Need a strong national government to unite the states, but allow for state/local control • Articles of Confederation

• So…in the Constitution… • Article IV, Section1 says that each state must respect legal actions taken

by other states • Driver’s license has to be accepted in all states

• Article IV, Section 2 says each state will treat the people of other states equally • No tougher punishment for a crime in one state than in another

• Article IV, Section 3 says that land cannot be taken from any state to make a new state without its approval NOR can 2 states be joined without agreement

• Article IV, Section 4 says each state is allowed a republican form of government and vows to protect that government from enemy attack or revolt

How does the federal system allow the national and state governments to

share power?

•What is federalism?

•A: The sharing and division of powers between federal (national) and state (regional) governments

Federal Powers

• Expressed Powers

• Art. 1 Sec. 8 • Listed powers in the Constitution

• Print and coin money, declare war

• Implied Powers

• Not listed in the Constitution, but can stretch to fit the needs of it (sending in the troops is part of being Commander-in-Chief)

• Inherent Powers

• Government's powers because it is the government (buy new land)

Reserved Powers

• Powers reserved to the STATES

• 10th Amendment

Concurrent Powers

• Powers shared between the national and state governments

Federalism

Enumerated Powers (Federal) • Coin money • Maintain army

and navy • Declare war • Regulate trade

between states and with foreign nations

• Carry out all expressed powers

Concurrent (Federal and State) • Establish courts • Enforce laws • Collect taxes • Borrow money • Provide for

general welfare • Establish prisons

Reserved Powers (State) • Regulate trade

within a state • Protect public

welfare and safety

• Conduct elections

• Establish local governments

• Education/ schools

• Marriage and divorce rules

States and Feds working together • Grants-in-aid

• Money given to states by the federal government to meet the goals of the federal government

• Education, healthcare, etc

• Mandates

• Requirements placed on states by the federal government to take certain actions

• Unfunded mandates

• Mandates given without funding

• Extradition

• If a person flees to anther state after committing a crime, they will be sent back to the state where they committed the crime

State Constitutions

• Similarities

• Each state has their own

• All have 3 branches (Separation of Powers)

• List the rights of the people of their state

• Detail how the local governments will be set up

State Legislatures

• Bicameral (except for Nebraska)

• Senators (4 yrs)

• House/Assembly (2 yrs)

• Paid positions ($200-$95,000/yr.)

• Have elected leaders

• House = Speaker

• Senate = Lieutenant Gov. or Elected

• Have Party Leaders

• Majority and Minority Parties

State Legislatures

• Represent people of their DISTRICT

• People within a certain boundary

• Equal in population

• Sessions

• Time when lawmakers meet

• Duties:

• Approve people nominated by Governors for jobs

• Work to help the people of their district

• Direct people to proper state agencies for help or inquiries

• MAKE LAWS

State Laws

• Idea can start with the people, governor, or lawmakers

• Only lawmakers can introduce a bill

• A committee will then review the bill and revise it

• Committee has to approve a bill to send it to the entire Chamber

• The Chamber discusses and votes on a bill

• Majority vote sends it to the other chamber

• The other chamber has a committee, discusses, votes)

• If both pass, then the Governor signs or vetoes

Voter Participation in the Legislative Process • Legislative referendum

• Legislature asks voters to approve a law it has passed • Examples: changes to State Constitutions,

borrowing money

• Popular referendum (initiative) • Voters petition (proposition) if they dislike a law

and then vote to see if it should be removed

• Recall • Voters sign a petition to remove an elected official

from office (an election is held with a vote)

State Economic Issues

• MUST have a balanced budget

• Cannot spend more than they collect (expenses < revenue)

• Cannot borrow

• Revenue Expenses

• TAXES Aid to local government

• Income Benefits to the poor and

• Sales disabled

• Services Healthcare

• Driver’s License Education

• Marriage License Roads

• Fishing License Police/DNR

• Tolls Payroll for state employees

State Executive Branch

• Governor – 4 yr term

• Requirements: varied

• Some say he/she must reside in the state, others do not

• Often has a 2 term limit

Gubernatorial Duties

• Commander-in-Chief

• In charge of the National Guard

• Legislative Leader

• Proposes legislation, approves or vetoes legislation

• Ceremonial Leader (Head of State)

• Greets important visitors, represents the state

• Chief Executive

• Carries out state laws, appoints officials, prepares budgets

• Judicial Leader

• Offers pardons and reprieves, grants parole, etc.

• Party Leader

• Leads political party in the state

Other Gubernatorial Duties

• Choose someone to fill US Senate seat if it is left empty

• Give a State of the State Address – outlining goals of the gov.

• Call special sessions of the legislature to respond to crisis

• Governor can LINE ITEM VETO a bill

• Veto SPECIFIC parts of a bill instead of the whole thing and then sign it

Executive Structure

• Governor

• Lieutenant Governor

• Executive Departments

• Agencies

• Boards

Often are elected officials or independent

Major Executive Departments

• States in general share these same departments

• Secretary of State

• Oversees elections, records and publishes laws, keeps official records

• Attorney General

• Chief lawyer, represents the state in cases

• State Treasurer

• Keeps track of and handles all money

• State Auditor

• Conducts reviews of departments so they run efficiently

• Superintendent of Education

• Runs the public school system and is in charge of curriculum content

Judicial Branch

• Lower Courts –

• Trial Courts

• Evidence given, jury or judge trial

• Municipal, District, or Justice Courts

• Misdemeanors

• Less serious crimes

• Theft of small amount, traffic ticket

• Often given a fine or serve jail time

Judicial Branch cont.

• Higher Courts –

• Appeals Court

• Person who lost a case appeals (asks a judge to review and reverse) the decision

• Group of judges review the trial (do NOT hold a new one) and decide if the case was fair

• Felonies

• More serious offenses

• Assault, robbery, kidnapping, murder

Judicial Branch cont.

• State courts are not bound by other state courts

• Supreme Court

• Highest state court often set precedence for cases based on their rulings

• If you disagree with the state Supreme Court ruling, you may appeal to the US Supreme Court

Judges

• Trial Courts

• Elected by the people or appointed by the Gov/Leg.

• Some are partisan, others are not

• Serve 6-8 yrs. on average

• Appeals Courts

• ½ states elect, ½ states appoint through the Gov. approved by Leg

• Chief Justice varies in position length

• ½ states require judges to retire between ages 70-75

• Judges are often difficult to remove, but can be impeached

Now…WI State Constitution!!