State Constitutions Just like the National Government, all 50 states have their own state constitutions. This is so because the United States uses Federalism

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• Many state constitutions have become large, and out of date – reform is needed.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

Documents

State Constitutions Just like the National Government, all 50 states have their own state constitutions. This is so because the United States uses Federalism