State Constitutions Just like the National Government, all 50 states have their own state...

State Constitutions

• Just like the National Government, all 50 states have their own state constitutions.

• This is so because the United States uses Federalism – a system of government in which written constitutions divide power between a national government and small local governments.

State Constitutions

• Most of the early state constitutions were based on colonial charters.

• Remember a constitution is nothing but an “instruction manual” for government.

• State constitutions resemble the national Constitution in many ways.

State Constitutions

• Each proclaims the principles of popular sovereignty and limited government.

• Popular sovereignty – people give the government power to rule over them.

• Limited government – there are limits to how much the government can do.

State Constitutions

• State constitutions also contain a list of rights for every citizen – bill of rights.

• States are broken up into three branches of government – legislative, executive, judicial.

• They each have checks and balances over one another.

State Constitutions

• State constitutions also include the procedures for amending them.

• Some state constitutions have not just been amended – but they have been revised altogether.

State Constitutions

• The process to change state constitutions have two formal steps.

• 1. Proposal for change – idea to change it, comes from constitutional convention, the legislative branch, or the voters.

State Constitutions

• 2. Ratification – the voting process on a proposed change – by popular vote.

• Many state constitutions have become large, and out of date – reform is needed.

• There has been a problem with confusing fundamental law with statutory law.

State Constitutions

• Example: Oregon’s constitution has existed since 1859.

• It is now over 55,000 words and includes over 2,000 words about veterans’ home loans.

• Another law states anyone who participated in a duel cannot serve in government.

YOUR TURN TO WRITE

• What two main principles are found in the National Constitution and every state constitution?

• Why are these two principles important?

• What are the two steps to the process of changing state constitutions?

State Legislatures

• Just like the Federal Government – every state has a legislative branch.

• The main purpose of the legislative branch is to make laws.

• They have different names in different states – legislature, general assembly, legislative assembly.

State Legislatures

• All of them – except for one Nebraska – are bicameral – which means they have two houses.

• The two houses are the Senate and the House of Representatives.

• Nebraska’s one house system raises an interesting question.

State Legislatures

• Is bicameral the best system for the legislative branch?

• Yes: Both houses act as a check on each other to prevent poor laws from being passed.

• No: In a unicameral legislature government could get more done and be more efficient – actually make a difference.

State Legislatures

• How big are the state legislatures?

• Needs to be balanced – if too big nothing would get done – if too small not enough representation.

• Senate ranges from 30-50 members, HR ranges from 100-150 members.

State Legislatures

• What are the qualifications?

• All states are different – most common is 21 to be a HR, 25 to be Senator.

• Plenty of non-formal qualifications – can you get votes, occupation, party, race, religion.

State Legislatures

• How are they elected?

• All members are chosen by popular vote – most votes win.

• Candidates are nominated by their party primaries – just like the Federal Government.

State Legislatures

• How do the districts work?

• States are divided up into districts – each district is represented by a member in the state legislature.

• Districts are redrawn every 10 years – why the census is important – based on population.

State Legislatures

• How long do members serve (terms)?

• Senators serve 4 year terms, HR serve 2 years.

• 15 states have term limits – this idea might grow into Federal Government – many new members every election.

State Legislatures

• How much do they get paid?

• Often the salary is not worth the effort to be elected.

• California pays $116,200 average, Oregon pays $30,000. Better salaries will bring better candidates, but how to pay for them?

State Legislatures

• When do they work (sessions)?

• Meet every year – usually 3 to 5 months – some states meeting nearly year round.

• The Governor of the state can call the legislature into session at any time – just like President.

State Legislatures

• What powers do they have?

• They make state laws – cannot go against the Constitution.

• Have power to tax, spend money, borrow money, establish state courts, redraw districts, define crimes and punishment, maintain public schools.

State Legislatures

• Every state’s legislature also has police power.

• Establishing and funding the police to serve in the state and communities.

• This is important to protect the health and safety of the state’s citizens.

State Legislatures

• State legislatures also have the power to approve or deny governor appointments.

• They also have the power to remove government officials through impeachment.

• This is similar to the Federal Government as well.

State Legislatures

• Who is the leader of the legislature?

• The HR has a speaker who leads each session – Senate votes for a leader.

• Leaders refer proposed bills to the proper committee, and gives permission to members to speak on the floor.

State Legislatures

• How do the committees work?

• Numerous bills are introduced each session – committees read the bills and either recommend them to be voted on or pigeonhole them.

• Committees include finance, education, highways, etc.

State Legislatures

• Where do bills come from?

• Legally, only a member may introduce a bill.

• However, bills do reach the floor from other sources – interest groups, public demands.

State Legislatures

• What is initiative?

• Voters have the power to propose new amendments to the state constitutions through initiative.

• There are two types of initiative – direct and indirect.

State Legislatures

• Both types require a certain amount of signatures from voters who support it.

• Direct: After signatures are collected, proposed amendment goes right to the ballot for vote.

• Indirect: After signatures, legislature votes on it – if they pass it, then it goes to the ballots.

State Legislatures

• The other process for passing an amendment to the state constitution is called referendum.

• This is when the legislature proposes the amendment, and it goes to the ballot for public vote.

YOUR TURN TO WRITE

• What is the main duty of the legislative branch in each state?

• Compare and contrast the initiative and referendum processes in relation to how a proposed amendment gets passed.

• Would you support an amendment in Missouri to provide for a unicameral legislature? Why or why not?

State Governors

• Governors are similar to the President of the United States as they serve on the executive branch of the state.

• What are the qualifications?

• The formal qualifications to be a governor is 25 or 30 years old depending on the state.

State Governors

• You must also have lived in the state for 5 years, and be a qualified voter.

• There are also informal qualifications – will people vote for you, race, sex, religion, personality, experience, party.

• Most governors are in their 40s and 50s.

State Governors

• Most have had experience serving in their state legislatures.

• Arnold Schwarzenegger of California is governor without prior experience.

• Only 31 women governors since 1776 – there are six current women – only three black governors.

State Governors

• How are they chosen?

• Governors are elected through popular vote – candidates are picked through primaries.

• Nearly half of the states have a lieutenant governor similar to vice president.

State Governors

• How long do governors serve?

• Governors serve four-year terms, and 36 states have a term limit of two.

• Who takes over if governor dies or leaves office?

State Governors

• Governors can die in office – or more commonly one resigns in mid office to run for President of the U.S.

• In 44 states, the lieutenant governor takes over – other states have the secretary of state take over.

State Governors

• Can governors be removed from office?

• Yes they can – through impeachment.

• Only six governors have been impeached – most recent was Rod Blagojevich of Illinois in 2009.

State Governors

• 18 states have a recall feature – voters sign a petition to remove the governor.

• If 25% of the total number of voters who voted for the governor sign it, a special election is held which can result in the removal of the governor.

State Governors

• How much do governors get paid?

• Governors are like CEOs of major corporations – they oversee spending of millions of dollars, are in charge of thousands of employees, make huge decisions that effect people’s lives.

State Governors

• However, governors are not paid like CEOs.

• Most make around $100,000 a year - $70,000 in Maine, $206,000 in California.

• They also live in a special residence called the Governor’s Mansion.

State Governors

• It also is a huge step the politically ambitious who want to become something more.

• Many governors have gone on to become President – George W. Bush, and Bill Clinton.

State Governors

• What other duties do governors have?

• Governors appoint and remove government officials.

• The legislative branch must approve all appointments.

State Governors

• How do governors handle the state budget?

• Governors make the state budgets – determine what to spend and where.

• The legislative branch approves all of the governor’s spending advice.

State Governors

• Do governors have military power?

• Yes they do. They are commander in chief of state militia, or the national guard.

• Governor can use national guard for emergencies – natural disasters, riots, etc.

State Governors

• Do governors have veto power?

• Governors can veto any bill passed by the legislative branch.

• Governor has five days to take action on a bill – sign or veto.

State Governors

• If the governor vetoes a bill, the legislative branch can override the veto with 2/3 majority vote.

• Governors can also item veto – which means they can veto specific sentences in a bill.

State Governors

• How do governors control state courts?

• Governors have clemency power – give mercy to persons convicted of a crime.

• Governors can pardon or relieve someone of legal punishment.

State Governors

• Governors can commute a sentence or change a death sentence to life in prison.

• Governors can reprieve or delay a death sentence.

• Governors can also issue parole to permit a prisoner a release from prison.

YOUR TURN TO WRITE

• Write a paragraph comparing and contrasting governors and the President of the United States. In your paragraph talk about the qualifications, powers, and responsibilities that each position has.

County Governments

• A county is a major unit of local government in most states.

• Counties are created by the state and thus controlled by the state.

• There are 3,033 counties in U.S. – zero in Connecticut and Rhode Island – 254 in Texas.

County Governments

• In Louisiana counties are called parishes – and in Alaska they are called boroughs.

• San Bernardino in California is the largest county, and Kalawao in Hawaii is the smallest.

• 10 million people in Los Angeles County – 67 in Loving County, Texas.

County Governments

• How do county governments function?

• They are controlled by the county board and board members are popularly elected.

• They serve terms ranging from two to six years, but four years are the most common.

County Governments

• Counties are broken up into districts and board members represent the districts.

• There are two types of county boards – 1. Board of commissioners, 2. Board of supervisors.

• The board of commissioners is smaller – 3 to 5 members.

County Governments

• The board of supervisors is larger – around 15 members.

• Their most important power is finance – control over county money.

• They distribute funds, tax, and can create a debt by borrowing money.

County Governments

• They use the money to maintain county roads, manage county property – courthouse, jails, hospitals, parks.

• They also hire county employees and determine their pay.

• There are over 3 million county employees in the U.S.

County Governments

• County government needs reform:

• County governments suffer from bad organization – there is no chief administrator.

• All power is divided up among board members.

County Governments

• Also, during elections it is hard to choose who to vote for – not a lot of publicity.

• How do towns and townships function?

• Townships are common in New England and Midwest – stems from colonial times.

County Governments

• Back then, towns conducted town meetings which was the most ideal form of direct democracy.

• Meetings open to all eligible voters – all opinions spoken – vote to decide.

• Now, towns have gotten larger, more spread out and direct democracy changed to indirect.

County Governments

• What are special districts?

• There are tens of thousands of special districts in the U.S.

• They are independent units created to perform one or more governmental function at the local level.

County Governments

• School districts are the most common special districts.

• Also fire, police, water service – or any need to provide a service in a certain area of a county can be a special district.

• The governing body of special districts are elected boards.

YOUR TURN TO WRITE

• List and describe at least three ways that county governments effect people’s everyday lives.

• What is the most common form of a special district?

Cities and Metropolitan Areas

• In 1790, 5% of population lived in cities and surrounding areas – now it is 80%.

• This has led to a major change in urban, or city governments.

• Larger population means greater problems – water, police, fire, sewers, waste, traffic, schools.


• The process by which a state establishes a city as a legal entity is called incorporation.

• A minimum number of people must live there to become incorporated.

• Citizens usually push for incorporation to get services – it is convenient.


• Cities are run by charters – it is there constitution.

• Charter names the city and describes its boundaries.

• Cities have the right to sue, be sued, make contracts, acquire, own and dispose of property.


• Each city has one of three basic forms of government:

• 1. Mayor-council

• 2. Commission

• 3. Council-Manager


• Mayor-Council is the oldest and most widely used.

• Elected mayor who is the chief, and elected council who is the legislature.

• Council is almost always unicameral with 5 to 9 members – most is New York City with 51.


• Council members are elected by popular vote and represent districts within the city.

• Mayors are also elected – some are chosen by the council.

• Mayor conducts council meetings and usually does not vote unless to break a tie.


• Mayors can recommend laws and have veto powers – but vetoes can be overridden.

• In a “strong-mayor government” mayor leads, has veto power, hires and fires.

• In a “weak mayor government” powers are shared, police chief, and mayor seldom has veto power.


• Most city governments are “weak mayor governments”.

• Critics of mayor-council style is that it depends too much on having a good mayor.

• Battles between mayor and council – public often does not understand issues.


• Commission style is simple – 3 to 9 commissioners who are elected.

• They run the city government – one of them chosen as the mayor for ceremonies.

• Weaknesses of this style are there is no individual leader – can be slow.


• Council-Manager style is a modification on mayor-council.

• Strong council of 5 to 7 members – weak mayor chosen by voters.

• A manager is chosen by the council to serve as strong leader.


• Council makes all the laws – manager makes sure laws are carried out.

• Manager hires and fires employees, is in charge of the budget.

• Most analysts agree that this style is the most effective for cities.


• Most cities were created by accident – not planned very well.

• Cities have tried to improve planning to help organization.

• It is hard to correct past mistakes and expensive – cities depend on federal money.


• Cities are divided up into three main zones – residential, commercial and industrial.

• Zoning determines types of buildings and other regulations.

• This questions the right to life, liberty and property.


• Half of Americans now live in suburbs – cities have lost residents.

• They move in search of better life than city – businesses leave too following customers.

• This has created the metropolitan area – cities have struggled with how to provide services for large areas.

YOUR TURN TO WRITE

• How are cities established, and what is the guide that state’s how a city is run called?

• What is the most widely used type of city government?

• What is the main reason why citizens push for their area to become a chartered city?

Services Provided

• State governments are responsible for providing many services to its residents.

• However, the money that states use to provide these services is not unlimited.

• This requires states to use their money wisely and follow a strict budget.

Services Provided

• Education:

• In 1635, Boston Latin school opened its doors to students for the first time.

• Today, it is the oldest public school still in operation.

Services Provided

• Providing education for every child are the states most important responsibility.

• It is also the most expensive portion of the state budget – accounting for 30% total.

• The cost is going up as well – price per pupil has doubled in past 25 years.

Services Provided

• States use local taxes and property taxes to pay for the majority of school budgets.

• States also set certain standards for public schools.

• Teacher criteria, curriculum, length of school year, quality of learning.

Services Provided

• States also need to report successes and failures of schools – state standardized testing.

• Numbers determine federal aid, and whether or not school should continue.

• We are taking EOC soon in the class – state standardized testing.

Services Provided

• States also establish and maintain colleges and universities.

• State colleges cost one-fourth as much as private colleges – but it has been proven that education level is generally the same.

Services Provided

• Public Welfare:

• States also protect the health and welfare of residents.

• States operate public hospitals and fund them so they can function.

Services Provided

• States pay the costs to immunize children – and with Federal Governments help provide Medicaid.

• Medicaid helps low income citizens receive health services.

• Soaring health costs recently has damaged state budgets.

Services Provided

• States also provide cash assistance programs for the poor – welfare.

• Critics of welfare claim that it keeps the poor, poor and does not set time limit for benefits to end.

• Critics also claim welfare does not provide education assistance to better yourself.

Services Provided

• To improve welfare programs, states now receive lump sums from the Federal Government.

• Money can be used however states see fit – they can regulate welfare anyway they want.

Services Provided

• Public Safety:

• States fund local and state police forces to ensure safety in communities.

• States also operate and fund prisons and correctional facilities.

Services Provided

• There are now nearly 2 million state prisoners – criminal population keeps rising.

• This places a burden on the states to fund the prisons.

• States spend roughly $40 billion per year on prisons.

Services Provided

• Highways:

• When it comes to establishing and maintaining highways in states – the Federal Government is a partner.

• They share costs of interstates – like 55 and 70.

Services Provided

• This is because interstates run through multiple states and is a part of the Defense Department.

• However, states have numerous other roads they are responsible for.

• They also need to provide safety for drivers, and issue licenses and vehicle permits.

YOUR TURN TO WRITE

• What is the most expensive part of a state’s budget?

• Who is responsible for establishing and maintaining interstates?

• Provide some suggestions for how states can improve their budget problems.

Financing State Government

• We know that state governments provide numerous services to its citizens – but how do they raise money to pay for them?

• States take in well over $750 billion in taxes.

• They also receive over $1 trillion from other sources like the Federal Government.


• The U.S. Constitution places limits on the states’ power to tax.

• States cannot tax foreign trade – cannot tax the Federal Government – cannot tax based on race, religion, nationality, political party, or other unreasonable factors.


• State constitutions also place limits on their tax powers.

• States set limits on how high sales tax can be – and limits on property taxes.

• States also regulate city and county taxes too.


• Adam Smith was an economist – very bright.

• Wrote a book in 1776 called The Wealth of Nations.

• In that book, Smith described four basic principles of a fair tax system.


• 1. Taxes should reflect equality.

• 2. Tax laws should be clear.

• 3. Taxes should be collected at convenient times.

• 4. Taxes must not hurt the economy.


• When it comes to states – sales tax is the most productive source of income.

• These are taxes placed on the sale of goods – the buyer pays it.

• There are two types of sales tax – general and selective.


• General sales tax is applied to any sale.

• Selective sales tax is applied to certain sales – like cigarettes, gasoline, alcohol.

• In 1932 Mississippi was first to use sales tax – 45 states use it today – usually around 5 to 6 percent.


• The benefits of sales tax is that they are dependable and easy to collect.

• Sales tax is considered a regressive tax – which means it is not based on a person’s income.

• Controversy over internet sales – no sales tax – this is hurting states economies.


• In 1911, Wisconsin was the first state to begin income tax.

• These are taxes on the amount of money people earn.

• Income tax is progressive – which means they are based on the person’s income – the higher the income the higher the tax.


• The rates are usually 1 to 2 percent on low incomes, and up to 9 percent on high incomes.

• Progressive taxes are controversial – making people pay different rates.

• Many states also raise money through property tax.


• These are taxes on property such as land, buildings, computers, cars, stocks, and mortgages.

• An assessment is made each year to determine how much property an individual owns, and how much it is worth.


• Assessors are elected and play a vital role in the states economy.

• Critics claim property tax is unfair because it is impossible to place a value on property.

• Critics also claim that people hide property to keep their taxes low.


• Inheritance tax or estate tax also help states raise money.

• This is commonly called the death tax – taxes are taken out of an inheritance left behind in a will.

• Yes – you still have to pay taxes after you die.


• States also tax businesses – for removing natural resources like timber, oil and other minerals.

• There are also taxes to engage in a certain business in a state.

• Chain stores, amusement parks, taverns, doctors, lawyers.


• Taxes have always been unpopular in the U.S. – it is what started the American Revolution.

• States seek money from other means too – toll roads and bridges.

• Lotteries – bring in $17 billion per year.

YOUR TURN TO WRITE

• What is the difference between general sales tax and selective sales tax?

• What is the difference between a regressive tax and a progressive tax?

• What is your opinion when it comes to regressive taxes or progressive taxes? Why?

State Constitutions Just like the National Government, all 50 states have their own state...

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