Chapter 8State Government

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.

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.”

Division of PowersDelegated Powers – granted to the United States government through the ConstitutionExpress PowersImplied PowersInherent Powers

Reserved Powers – granted to the state governments by the United States Constitution.

Concurrent Powers – shared by both state and federal governments.

Expressed PowersPowers expressly written in the ConstitutionCollect taxesRegulate foreign tradeMaintain an armed forces (military)Declare warCoin moneySpecial powers to the president

Pardons, make treaties, command the army

Examples of Implied PowersInterstate Highway SystemsCreating hydroelectric damsCreating federal crimesKidnappingGamblingDrug and Alcohol crimes

Discrimination against people

Inherent PowersPowers that all national governments have historically possessed

Not written in the ConstitutionRegulate ImmigrationDeport illegal immigrantsAcquire TerritoryRecognizing other states as countriesProtect the nation against coups and spies

State PowersPowers 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.”

Reserved Powers• States can create laws simply because the Constitution

doesn’t 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 can’t created these laws

because the Constitution doesn’t given them the power to.

Exclusive and Concurrent Powers

Exclusive – powers only given to the National GovernmentCoin moneyRegulate trade

Concurrent – powers shared by the national and state governmentsCollect taxesCreate and enforce lawsEminent domain

GEO BEE WINNERSReport to Ms. Braun’s 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

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.

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.

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

State Executive Branch

• Chief Executive• Governor

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

• Chief Executive Chief Executive of Floridaof Florida– Rick ScottRick Scott

• Other Officials:• Lieutenant Governor-

•Jennifer Carrol• Attorney General-

•Pam Bondi•Chief Financial Officer

•Jeff Atwater

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.

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.

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?

Supreme Court and Executive Branch

• Chief Executive of FloridaChief Executive of Florida– ??????

• Other Officials:• Lieutenant Governor-

•????• Attorney General-

•????•Chief Financial Officer

•??????

Florida Supreme Court Justices:In alphabetical order by last name.

1.Charles Canaday 2.Jorge Labarga 3.Fred Lewis 4.Barbara Pariente 5.James Perry 6.C. J. Ricky Polston 7.Peggy Quince

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.

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.

Other Executive Officials

• Attorney General:• In charge of State’s 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.

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.

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.

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 doesn’t like the decision, they can appeal to the State Supreme Court.

State Court Systems

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

final.

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.

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.