American GovernmentAmerican GovernmentChapter 24Chapter 24

Governing the StatesGoverning the States

Section 1Section 1State ConstitutionsState Constitutions

5 Main Categories by which all State constitutions 5 Main Categories by which all State constitutions can be describedcan be described

1. popular sovereignty & limited government1. popular sovereignty & limited government

2. protections of civil rights2. protections of civil rights

3. structure of state government3. structure of state government

4. powers of the branches of State government4. powers of the branches of State government

5. process of constitutional change5. process of constitutional change

Amending the State constitutionsAmending the State constitutions

Amendments can be proposed by:Amendments can be proposed by: 1. constitutional convention1. constitutional convention 2. legislature2. legislature 3. voters3. voters

Amendments can be ratified by:Amendments can be ratified by: A vote of the peopleA vote of the people

Statutory and Fundamental LawStatutory and Fundamental Law

Statutory laws Statutory laws - laws passed by the legislature- laws passed by the legislature

Fundamental lawsFundamental laws - laws of basic and lasting - laws of basic and lasting

importance that should be in a importance that should be in a constitutionconstitution

TermsTerms Popular SovereigntyPopular Sovereignty - The people are the sole source of the - The people are the sole source of the

government’s powergovernment’s power

Limited GovernmentLimited Government - Powers that the government has are - Powers that the government has are

limitedlimited

InitiativeInitiative - process by which voters sign a petition - process by which voters sign a petition

favoring a proposalfavoring a proposal

Section 2Section 2State LegislaturesState Legislatures

Formal qualifications for most states’ Formal qualifications for most states’ legislaturelegislature

Age, citizenship, residenceAge, citizenship, residence

Usual term for State legislatorsUsual term for State legislators

2 or 4 years2 or 4 years

The 8 most important legislative The 8 most important legislative powerspowers

1. tax1. tax 2. spend2. spend 3. borrow3. borrow 4. police4. police 5. establish courts5. establish courts 6. define crimes and provide punishment6. define crimes and provide punishment 7. regulate commercial activities7. regulate commercial activities 8. maintain public schools8. maintain public schools

Non- legislative functions of state Non- legislative functions of state legislatureslegislatures

1. Approve Governor’s appointments1. Approve Governor’s appointments

2. Impeachment2. Impeachment

3. Constitution-making and 3. Constitution-making and amendingamending

Committee System in State Committee System in State legislatureslegislatures

How does it work?How does it work?

Laws are referred to committees for Laws are referred to committees for recommendation to full houses, recommendation to full houses,

similar to Congresssimilar to Congress

Where do bills originate from?Where do bills originate from?

All kinds of public and private All kinds of public and private sourcessources

i.e. – MADD, SADD, etc.i.e. – MADD, SADD, etc.

TermsTerms 1. Constituent Power1. Constituent Power - constitution-making power- constitution-making power

2. Police Power2. Police Power - State’s power to protect and promote - State’s power to protect and promote

public health, safety, morals, and welfarepublic health, safety, morals, and welfare

3. Referendum3. Referendum - Process by which a legislature sends bills - Process by which a legislature sends bills

to the electorate for approvalto the electorate for approval

Section 3Section 3The Governor and State The Governor and State

AdministrationAdministration Powers of The GovernorPowers of The Governor

ExecutiveExecutive 1. Appointment and removal of key 1. Appointment and removal of key

assistantsassistants 2. Supervise staffs of executive 2. Supervise staffs of executive

branchbranch 3. prepare and submit budget3. prepare and submit budget 4. commander in chief of State 4. commander in chief of State

National GuardNational Guard

LegislativeLegislative - 1. recommend legislation- 1. recommend legislation - 2. call special sessions of legislature- 2. call special sessions of legislature - 3. veto bills- 3. veto bills

JudicialJudicial - 1. commute- 1. commute - 2. reprieve- 2. reprieve - 3. pardon- 3. pardon - 4. parole- 4. parole

TermsTerms ReprieveReprieve - to postpone a sentence- to postpone a sentence

PardonPardon - Release a person of legal consequences of a crime- Release a person of legal consequences of a crime

ParoleParole - Release a prisoner short of the completion of their - Release a prisoner short of the completion of their

sentencesentence

CommutationCommutation - to reduce a sentence- to reduce a sentence

Section 4Section 4In the CourtroomIn the Courtroom

Kinds of Laws in State CourtsKinds of Laws in State Courts 1. constitutional law1. constitutional law - body of law based on the U.S. and - body of law based on the U.S. and

state constitutions and judicial state constitutions and judicial interpretations of theminterpretations of them

2. statutory law2. statutory law - body of law based on statutes - body of law based on statutes

enacted by legislative bodiesenacted by legislative bodies

Kinds of Laws cont.Kinds of Laws cont. 3. administrative law3. administrative law - rules, orders, and regulations issued by - rules, orders, and regulations issued by

executive branches of governmentexecutive branches of government

4. common law4. common law - the unwritten, judge-made law that has - the unwritten, judge-made law that has

developed over the centuries developed over the centuries

5. equity5. equity - body of law that provides remedies for - body of law that provides remedies for

wrongs before they occurwrongs before they occur

Criminal and Civil LawCriminal and Civil Law Two Kinds of CrimesTwo Kinds of Crimes

1. felonies1. felonies - serious crimes- serious crimes

2. misdemeanors2. misdemeanors - lesser offenses- lesser offenses

What is civil law?What is civil law? Disputes between individuals and between Disputes between individuals and between

individuals and governmentsindividuals and governments

Jury SystemJury System What does a grand jury do?What does a grand jury do?

They determine whether the facts of a case They determine whether the facts of a case warrant bringing a criminal case to trialwarrant bringing a criminal case to trial

How have petit juries changed over the years?How have petit juries changed over the years? They used to be all men (12)They used to be all men (12) Now they are men & women and may only be 6 in Now they are men & women and may only be 6 in

numbernumber

How are petit jury members chosen?How are petit jury members chosen? They are selected from various lists of citizens in They are selected from various lists of citizens in

a communitya community

Precedents & Common LawPrecedents & Common Law

What is a precedent and what part What is a precedent and what part does it play in common law?does it play in common law?

Following precedent is abiding by Following precedent is abiding by earlier court decisions as they have earlier court decisions as they have been handed down over the years by been handed down over the years by judgesjudges

Precedents create a body of law Precedents create a body of law known as common lawknown as common law