State Government

1
Chapter 8

• State Government

2
What is Federalism?

• A system of government where powers are equally
  divided between state and local governments.
• Provides specific powers for the national level
  and the state level.
• No one level, acting alone, can change those
  powers.

3
10th Amendment

• The powers not delegated to the United States
  by the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people.

4
Division of Powers

• Delegated Powers granted to the United States
  government through the Constitution
• Express Powers
• Implied Powers
• Inherent Powers
• Reserved Powers granted to the state
  governments by the United States Constitution.
• Concurrent Powers shared by both state and
  federal governments.

5
(No Transcript)
6
Expressed Powers

• Powers expressly written in the Constitution
• Collect taxes
• Regulate foreign trade
• Maintain an armed forces (military)
• Declare war
• Coin money
• Special powers to the president
• Pardons, make treaties, command the army

7
Examples of Implied Powers

• Interstate Highway Systems
• Creating hydroelectric dams
• Creating federal crimes
• Kidnapping
• Gambling
• Drug and Alcohol crimes
• Discrimination against people

8
Inherent Powers

• Powers that all national governments have
  historically possessed
• Not written in the Constitution
• Regulate Immigration
• Deport illegal immigrants
• Acquire Territory
• Recognizing other states as countries
• Protect the nation against coups and spies

9
State Powers

• Powers given to the States are known as Reserved
  Powers.
• Powers not given to the National government, but
  also not given to the state government
• 10th Amendment
• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people.

10
Reserved Powers

• States can create laws simply because the
  Constitution doesnt say they cannot.
• Marriage laws
• Driving laws
• Licensing (plumbers, hairdressers, lawyers)
• Creating public school systems
• College and University systems
• Gambling
• Ehrlich and slot machines
• The United States government cant created these
  laws because the Constitution doesnt given them
  the power to.

11
Exclusive and Concurrent Powers

• Exclusive powers only given to the National
  Government
• Coin money
• Regulate trade
• Concurrent powers shared by the national and
  state governments
• Collect taxes
• Create and enforce laws
• Eminent domain

12
GEO BEE WINNERSReport to Ms. Brauns room today
a 1pm

• Full Faith and Credit Clause Ensures that each
  state will accept the decisions of civil courts
  in other states.
• Marriage certificates
• Birth certificates
• Wills
• Contracts
• Property Deeds
• Extradition (commit a crime in one state and flee
  to another state. The state you are in catches
  you and returns you to the state where you
  committed crime.)
• What about Same Sex Marriage and Marijuana laws?

STATES WORKING TOGETHER
13
Organization of State Government

• 1964 Reynolds vs. Sims-
• Supreme Court ruled state election districts must
  be equal in population- principle one person,
  one vote.
• Qualifications and terms
• Senate 25 years old (some 18). 4 year terms
  (some 2). Some limit number of terms a Senator
  serve.
• Representatives 21 years old (some 18). 2 year
  terms (some 4). Some limit number of terms a
  Representative serves.

14
How a Bill becomes Law

• Ladies and Gentlemen Look at your HW! The
  process of how a bill becomes law is very similar
  to what we learned in the Federal Congress.
  Discuss this with your groups and then I will
  call on an individual to explain the process. Use
  the sheet in front to help you understand. Please
  make a note in your notes to go over the process
  on pg. 209 and 210.

15
Citizens Participate in Lawmaking

• Working with Legislature
• They can attend the state legislature
• Send letters, make phone calls
• Watch meetings and hearings through the internet
  or broadcasts on public TV.
• Follow newspaper, TV, and magazines
• Bypassing Legislature
• In your groups- Discuss
• Initiatives, Referendum, Recall

16
State Executive Branch

• Other Officials
• Lieutenant Governor
• Secretary of State
• Attorney General
• State Treasurer
• State Auditor
• Superintendent of Public Schools

• Chief Executive
• Governor

• Chief Executive of Florida
• Rick Scott

• Other Officials
• Lieutenant Governor-
• Jennifer Carrol
• Attorney General-
• Pam Bondi
• Chief Financial Officer
• Jeff Atwater

17
Bell Work

• Take out a sheet of paper and answer the
  questions by yourself. Do not work with anyone
  else. Do not use any other materials to answer
  these questions.

18
Governor

• Qualifications
• U.S. Citizen, Lived in the State for certain
  number of years, At least 30 in most States.
• Terms
• Most serve 4 year terms. Half limit one or two
  terms for Governor.

19
Powers and Duties of Governor

• Chief Executive
• Preparing budget for one or two years. Submit the
  State budget to legislature that sets priorities
  and offers solutions to State problems.
• Make appointments that must be confirmed by State
  Senate. The official appointed by the governor
  can also be removed by the governor.
• Supervise State Employees. Controls many State
  Agencies that hire qualified citizens that pass
  tests or some state jobs are filled by PATRONAGE.
  What is patronage?

20
Supreme Court and Executive Branch

• Chief Executive of Florida
• ???

• Other Officials
• Lieutenant Governor-
• ????
• Attorney General-
• ????
• Chief Financial Officer
• ??????

• Florida Supreme Court Justices
• In alphabetical order by last name.
• Charles Canaday
• Jorge Labarga
• Fred Lewis
• Barbara Pariente
• James Perry
• C. J. Ricky Polston
• Peggy Quince
• 
  

21
Powers Continued

• Chief Executive
• Chief Legislator Usually has a State of the
  State address where governor will tell citizens
  what laws they feel should be passed. Governor
  can veto legislation passed by State Legislature.
• Political Party Leader Head of the party in
  their State. They can help elect people within
  their party by raising money and campaigning for
  them.
• Other powers Assemble National Guard before,
  during and after emergencies. Has judicial power
  to pardon certain prisoners.

22
Other Executive Officials

• Lieutenant Governor
• Becomes governor if the current governor dies,
  resigns or is removed from office.
• Presiding officer of the Senate. Can be different
  political party from Governor.
• Secretary of State
• Keeps State records and carries out election
  laws. Can become governor if there is not
  Lieutenant Governor.

23
Other Executive Officials

• Attorney General
• In charge of States legal business. Gives legal
  advise to State Officials. Is in court when state
  is involved in lawsuit. May assist local
  officials in prosecution of criminals.
• State Treasurer
• In charge of handling State Funds. Supervises
  collection of taxes and pays state bills as well.

24
Other Executive Officials

• State Auditor
• Insures no public funds are used without
  authorization. Regularly examines State Financial
  records to make sure they are correct. They are
  sometimes called the comptroller.
• Superintendent of Public Instruction
• Carries out policies of the State Board of
  Education. Distributes state funds to public
  schools according to state law.

25
State Court Systems

• Trial Court
• Misdemeanor criminal cases and civil cases
  involving small amounts of money.
• Small Claims court handles civil cases involving
  5,000.00 or less. No lawyers needed. No jury.
  Judge makes final decision.
• Major criminal or civil cases are heard by juries
  and a judge will preside.

26
State Court Systems

• Appeals Court
• Person who felt their rights were violated during
  trial can appeal a decision. Judges will look at
  the court report and hear arguments from both
  lawyers. Judges will make decision whether person
  deserves a new trial or whether the person
  received a fair trial. If person doesnt like the
  decision, they can appeal to the State Supreme
  Court.

27
State Court Systems

• State Supreme Court
• Hear cases on appeal. Their decisions on STATE
  law are final.

28
Selecting Judges

• Citizens can elect Judges but some States
  Governor appoints Supreme Court Judges similar to
  how the President appoints Federal Supreme Court
  Judges.
• Election The Grand Debate
• Supporters of Elections- The people get to decide
  because they feel they are the best Judge for the
  position. Judge is not connected or a friend of
  the Governor.
• Against Elections- Judges should not worry about
  elections because their responsibility is the
  law, not making sure the people like and agree
  with them. Governor can appoint a qualified judge.

29
Missouri Plan

• A plan where a committee of lawyers, judges, and
  ordinary citizens provide a list of people they
  believe are qualified to be judges. The Governor
  then appoints from that list and the Judge will
  have to be re-elected in order to keep that
  position.
• Judges can face impeachment or a vote of recall
  by voters.