Download Chapter 23 - Anderson School District One

Structure and Function of State Government
State Constitutions
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State constitutions create the structure of
state governments.
State constitutions establish local
governments, such as counties, townships,
municipalities, special districts, parishes, and
boroughs.
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State constitutions regulate how state and
local governments can raise and spend
money.
State constitutions establish independent
state agencies, boards, and commissions.
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Bill of Rights
◦ All state constitutions have a bill of rights, with
most of the protections as in the Bill of Rights in the
Constitution of the United States.
◦ Many states also guarantee other rights.
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Length
◦ Many state constitutions have become long
documents as a result of additions made over the
years.
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Detail
◦ Long state constitutions are filled with detailed,
specific provisions, often reflecting special interest
politics.
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Some state constitutions have a great number
of amendments.
Constitutions of the 50 states provide four
different methods of proposing amendments.
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State Legislatures
Initiative
Constitutional Convention
Constitutional Commission
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State Legislatures
◦ The most common method of proposing
amendments is by the state legislatures.
◦ The actual practice of proposing a legislative
amendment varies somewhat from state to state.
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Popular Initiative
◦ Eighteen states allow the people to propose
amendments by popular initiative.
◦ An individual or group will write a proposed
amendment and people in favor will sign it as part
of a petition to the state government.
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Constitutional Convention
◦ Some states allow a state constitutional convention to
propose amendments.
◦ A gathering of citizens, usually elected by popular vote,
meets to consider changing or replacing a Constitution.
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Constitutional Commission
◦ Some states use a constitutional commission to propose
amendments.
◦ Constitutional Commission: group of experts appointed
to study the state constitution and recommend changes
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Method of Ratification
◦ All states except Delaware require ratification of
amendments by popular vote.
◦ Most require a simple majority vote.
◦ When voters rather than the legislature vote on an
issue, it is called a referendum.
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Over the years, critics have charged that state
constitutions are too long and filled with
needless detail.
In order to replace existing state
constitutions, most states require a
constitutional convention.
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In most states, the legislature proposes the
convention, which the voters must approve.
Then voters, in a new election, choose
delegates to write a new document or
propose changes to the existing constitution.
During the 1980s, more state judges began
to interpret state constitutions independently
of the Constitution of the United States.
The Three Branches
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The state legislature passes laws.
Members of state legislatures are elected
from legislative districts.
Qualifications for members are outlined in
state constitutions.
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Many state legislators work part-time in other
fields.
Most state legislatures:
◦ 1) are bicameral,
◦ 2) hold annual sessions, and
◦ 3) conduct business through committees.
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Many bills originate in the executive branch
of state government.
A bill begins in either house of the state
legislature and is debated and voted on.
The governor vetoes or signs passed bills.
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The governor heads the executive branch of
the state government.
State constitutions outline qualifications of
the governor.
A governor generally must be nominated by a
major political party and win the general
election.
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Most governors serve four-year terms.
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In 18 states, governors and other officials can
be removed from office by a recall.
◦ Recall: the process of allowing the people to vote to
remove state officials
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The governor proposes and signs laws,
represents the state to foreign businesses, is
his or her party’s state leader, and works to
obtain federal grants.
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Most governors prepare the state budget and
are commander in chief of the state National
Guard.
Since 1965, most states have given governors
greater executive power.
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Governors:
◦ 1) supervise the executive branch of the state
government,
◦ 2) propose legislation,
◦ 3) veto bills,
◦ 4) call special sessions of the state legislature, and
◦ 5) have limited power over the state court system.
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Most states elect other members of the
executive branch.
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State courts interpret and apply state and
local laws to civil and criminal cases.
The justice court performs marriages and
handles minor civil and criminal cases.
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Municipal courts, police courts, or magistrate
courts handle cases of petty crime or
property disputes.
Other minor courts include small claims
court, juvenile court, domestic relations
court, traffic court, and probate court.
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State general trial courts hear cases involving
serious crimes.
State appeals courts review cases of lower
courts.
A state supreme court is the court of final
appeal.
Judges may be removed from office.
State Government Policy
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Business corporations must have a charter
issued by a state government.
Federal and state governments regulate giant
corporations.
States have laws to protect consumers from
unfair practices and to protect the health and
safety of workers.
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State governments provide workers’
compensation.
Workers in all states have the right to belong
to labor unions.
State governments try to attract new business
and industry.
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States’ concerns for economic growth
sometimes clash with public concern for the
environment.
In 1989 Congress strengthened the states’
power to protect the environment.
State governments have begun to monitor the
environmental impact of major projects.
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State and local governments are responsible
for protecting life and property, and for
establishing a criminal code and a system of
punishment.
State police forces have investigative powers
in many states, but they have broad
responsibilities in a few states.
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State courts handle the majority of all
criminal cases in the United States.
In strained state justice systems, many states
are giving judges more sentencing options.
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State governments provide about 45 percent
of revenues for local public schools.
State spending for education generally has
increased.
The state licenses doctors and dentists,
regulates the sale of medicines, and requires
vaccinations for schoolchildren.
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State agencies provide programs of public
welfare, health and human services.
With federal assistance, states help people
with special needs.
With Medicaid assistance, states help lowincome people pay medical bills.
Financing State Government
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Individual state constitutions limit state
taxing powers, as does the Constitution of
the United States.
Today, most state governments have some
type of sales tax, which accounts for about
half of the total tax revenue of state
governments.
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Most states now also have individual income
taxes and corporate income taxes, which
account for more than 30 percent of all state
tax revenues.
States require license fees for various
businesses and professions, as well as for
operating motor vehicles.
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States impose taxes for removing natural
resources from state land or water.
Many states also have less well-known taxes,
such as a state property tax, estate taxes, and
inheritance taxes.
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Since taxes finance only a part of state
government expenses, states turn to
borrowing, lotteries, and the federal
government.
States borrow money by selling bonds to pay
for large, long-term expenditures such as
highway construction.
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Nearly three-fourths of the states run public
lotteries to raise revenue.
Lotteries became the fastest-growing source
of state revenues in the 1980s.
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The federal government provides about 20
percent of all state revenues, much in the
form of grants-in-aid, and stipulates how the
grants may be used.
Categorical-formula grants go to states on
different bases, depending on the state’s
wealth.
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During the 1980s and 1990s, the federal
government’s share of state and local
government revenues declined.
Unfunded, federally-mandated programs
increased until Congress passed the
Unfunded Mandate Reform Act (UMRA) to
curb unfunded mandates in 1995.