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MAGRUDER’S AMERICAN GOVERNMENT 2005
CHAPTER 24: GOVERNING THE STATES
GEORGIA PERFORMANCE STANDARDS (your objectives for this chapter):
SSCG17 The student will demonstrate knowledge of the organization and powers of state and local government described in the Georgia
Constitution.
a. Examine the legislative, executive, and judicial branches.
b. Examine the structure of local governments with emphasis on county, city, and town.
c. Identify current state and local officials.
d. Analyze the relationship among state and local governments.
e. Evaluate direct democracy by the initiative, referendum, and recall processes.
SSCG18 The student will demonstrate knowledge of the powers of Georgia’s state and local governments.
a. Examine the powers of state and local government.
b. Examine sources of revenue received by each level of government.
c. Analyze the services provided by state and local government.
fundamental law Laws of basic and lasting importance which may
not easily be changed.
initiative A process in which a certain number of qualified voters
sign petitions in favor of a proposed statute or constitutional
amendment, which then goes directly to the ballot.
statutory law A law passed by the legislature.
constituent power The non-legislative power of Constitutionmaking and the constitutional amendment process.
referendum A process by which a legislative measure is referred to
the State's voters for final approval or rejection.
recall A petition procedure by which voters may remove an elected
official from office before the completion of his or her regular term.
item veto A governor may veto one or more items in a bill without
rejecting the entire measure.
parole The release of a prisoner short of the complete term of the
original sentence.
common law An unwritten law made by a judge that has developed
over centuries from those generally accepted ideas of- right andwrong that have gained judicial recognition.
civil law The portion of the law relating to human conduct, to
disputes between private parties, and to disputes between private
parties and government not covered by criminal law.
criminal law The portion of the law that defines public wrongs and
provides for their punishment.
felony A serious crime which may be punished by a heavy fine
andlor imprisonment or even death.
information A formal charge filed by a prosecutor without the
action of a grand jury.
jury A body of persons selected according to law who hear evidence
and decide questions of fact in a court case.
misdemeanor A lesser offense, punishable by a small fine and/or a
short jail term.
justice of the peace A judge who stands on the lowest level of the
State judicial system and presides over justice courts.
magistrate A justice who handles minor civil complaints and
misdemeanor cases that arise in an urban setting.
preliminary hearing The first step in a major criminal prosecution
where the judge decides if the evidence is enough to hold the person
for action by the grand jury or the prosecutor.
warrant A court order authorizing, or making legal, so official
action, such as a search warrant or an arrest warrant.
CHAPTER SUMMARY
The United States includes a variety of large minority groups. Many of these groups, including African Americans, have lived with
discrimination for generations. From the 1870s until 1957, Congress did little to help ensure the civil rights of African Americans
and other minorities. Although the legislature began passing civil rights acts in 1957, many minority groups still face discrimination.
SECTION 1: STATE CONSTITUTIONS
Although a State's constitution is the supreme law of that State, it is still subordinate to the national Constitution in that it cannot
conflict with any form of federal law. It sets out the way the State is governed. Each State constitution is based on popular
sovereignty and limited government. Due to length, age, and numerous alterations, many State constitutions are in need of reform.
SECTION 2: STATE LEGISLATURES
State legislatures are the lawmaking bodies of the States, but they also have some nonlegislative powers. The organization of
State legislature is similar to that of Congress. The voters themselves can take a direct part in the lawmaking process in several
States, through the initiative and the referendum.
SECTION 3: THE GOVERNOR AND STATE ADMINISTRATION
The governor is the chief executive of a State. Although a governor's executive powers are limited in several important ways,
dynamic governors can use the prestige of the office, personal power of persuasion, and informal tactics to accomplish their goals.
In most States, other important executive officers are also directly elected by the people.
SECTION 4: IN THE COURTROOM
Five forms of law make up the code of conduct by which our society is governed. One of the most important of these is the
common law, which develops through precedent. Law can be classified as either criminal or civil. Grand juries are sometimes used
to indict in criminal cases; petit juries decide cases in trials. Many States are now moving away from the use of both kinds of juries.
SECTION 5: THE COURTS AND THEIR JUDGES
State courts hear tens of thousands of cases each year, criminal and civil. Many of these cases involve only minor offenses or
routine quarrels. Others involve horrific crimes or disputes involving millions of dollars.