Louisiana: Louisiana: The History of an American StateThe History of an American State

Chapter 4Chapter 4Louisiana’s Government: Louisiana’s Government:

Rights and ResponsibilitiesRights and Responsibilities

Study PresentationStudy Presentation

©2005 Clairmont Press

Chapter 4:Chapter 4:Louisiana’s Government: Louisiana’s Government:

Rights and ResponsibilitiesRights and Responsibilities

Section 1: Section 1: Democratic GovernmentSection 2: Section 2: Structure of State GovernmentSection 3: Section 3: Local GovernmentsSection 4: Section 4: Citizens and Government

ESSENTIAL QUESTION:–How does Louisiana’s constitution

set out a plan for organizing the government?

Section 1: Section 1: Democratic GovernmentDemocratic Government

Section 1: Section 1: Democratic GovernmentDemocratic Government

What words do I need to know?

1. government

2. parish

3. constitution

4. federalism

The History of Louisiana The History of Louisiana GovernmentGovernment

• Influenced by its colonial founders

• Spanish: parishes (geographical divisions of the Catholic church)

• French & Spanish government influences: civil laws based on civil codes

The History of Louisiana The History of Louisiana GovernmentGovernment

• Also based on British common law system

• common law (follows precedents)

• civil law (uses a written code)

• criminal law

(protects society from criminals)

Foundations of GovernmentFoundations of Government

• People given authority to write a state constitution prior to statehood

• April 30, 1812: Louisiana 18th state to enter the Union

• Constitutional government

• State powers derived via US Constitution, describing specific state and local responsibilities

The United States Constitution

• Reflects government by the citizens: “We the People” (1st phrase in Preamble)

• Identifies purpose, organization, & purpose of government

• Establishes division of power (federalism)• Article 4: U.S. Constitution

– Discusses shared relationship between state & federal governments

– Indicates powers belonging to the state• Bill of Rights (Tenth Amendment)

The State Constitution

• Provides a framework for the state government

• Acts in the interest of the people• Protects the rights of citizens• State bill of rights stronger than the US

Bill of Rights– non-discrimination laws stronger & more detailed

and specific

• Louisiana history includes 11 constitutions

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Section 2: Structure of State Section 2: Structure of State GovernmentGovernment

ESSENTIAL QUESTION:– How does Louisiana’s government

operate?

Section 2: Structure of State Section 2: Structure of State GovernmentGovernment

Executive Branch• Governor• Lieutenant Governor• Attorney General• Secretary of State• Treasurer• Other Elected

OfficialsLegislative Branch• State Legislators• Legislative Sessions• Law Making

Judicial Branch Civil and Criminal

Law Louisiana’s Court

System JuriesFunding State

Government The State Budget Taxes Other Sources of

Revenue

Section 2: Structure of State Section 2: Structure of State GovernmentGovernment

What words do I need to know?

1. checks & balances

2. veto

3. executive branch

4. governor

5. budget

6. lieutenant governor

7. attorney general

8. secretary of state

9. treasurer

10. legislative branch

11. bicameral12. census (Continued)

Section 2: Structure of State Section 2: Structure of State GovernmentGovernment

13. reapportionment14. speaker of the house15. president of the senate16. constituent17. bill18. judicial branch19. civil law20. criminal law21. jury22. taxes

Section 2: Structure of State Section 2: Structure of State GovernmentGovernment

• Louisiana’s constitution:–Patterned after US Constitution

–Three branches of government

–Power divided

• Checks and balances

• veto: refuse to approve

Executive Executive BranchBranch• Implements the laws• Operates state government• Oversees state services• Governor – chief executive officer• Other elected officials include –

lieutenant governor, secretary of state, treasurer, attorney general, commissioner of agriculture and forestry, & commissioner of insurance

GovernorGovernor• Must be at least 25

years old

• A citizen of the US & Louisiana at least five years

• Elected for a four-year term

• Can serve two back-to-back terms

• Duties: prepares & submits a budget to the legislature

• Appoints citizens to boards & commissions

• Calls special sessions of the legislature

Lieutenant GovernorLieutenant Governor

• Serves as a public relations office for the state

• Heads the State Department of Culture, Recreation and Tourism

• Somewhat like being vice president of the United States

• Acts as or replaces governor if needed

Attorney GeneralAttorney General

• Heads the state’s legal office, the Department of Justice

• Provides opinions on questions of law to all state agencies & other government groups

• Can bring legal action on behalf of the state

• 1990s – Louisiana joins other states’ actions to sue tobacco companies

• Defends Louisiana laws if challenged

Secretary of StateSecretary of State

• Chief election officer for Louisiana• Sole supervision duties of state held

elections• Keeps official records• Publishes the acts and journals of the

legislature• Keeper of the Great Seal of the state

TreasurerTreasurer

• Elected head of the Department of the Treasury

• In charge of the state’s money• Keeps records of the state’s income

and expenses• Invests state monies not needed• Provides the governor and the

legislature a yearly financial report

Other Elected OfficialsOther Elected Officials

• Commissioner of Agriculture– Promotes

agriculture & forestry

– Oversees soil & water conservation

• Commissioner of Insurance– Enforces insurance

laws passed by the legislature

• The Board of Elementary and Secondary Education (BESE)– Supervises

education – Appoints the state

superintendent of education

– Three members of the board governor appointees

Legislative BranchLegislative Branch

• Consists of two bodies: (1) house of representatives (2) senate

• Based on model called bicameral (two chambers): camera - Latin word for “chamber”

• Contains 144 members (39 Senators / 105 Representatives) elected from geographic districts

• New districts redrawn every 10 years based on US census and new population numbers (reapportionment)

State LegislatorsState Legislators

• Old enough to vote (18 years old) old enough to be elected

• Candidate must be a registered voter

• A resident of the state at least 2 years

• One year resident of the district

• Elected for two-year term

• Maximum of three terms (total of 12 years)

Legislative SessionsLegislative Sessions• Meets every year• Even-numbered

years: meets 30 days during a 45-day period

• Tax bills: can only be passed in even-numbered years

• Odd-numbered years: meets 60 days during an 85-day period

• Speaker of the House: resides over the House of Representatives

• President of the Senate: resides over the Senate

• constituents: people legislators represent

Law MakingLaw Making

• Writes and approves laws

• Proposed laws (bills) in either chamber

• A bill becomes law:– Approved by both the house & senate

– Signed by the governor

Judicial BranchJudicial Branch

• Interprets & applies the constitution and laws of the state

• Protects the rights of the citizens– life, liberty, or property

– exception: by due process of law

• Rules established by courts

Civil and Criminal LawCivil and Criminal Law• Laws divided into two categories• Civil laws: relationships between &

among individuals• Elected & appointed officials• Laws enforced by sheriffs, police, &

city marshals• District attorneys: prosecutes criminal

cases in district courts• Clerks of court: keeps official records

for a parish

Louisiana’s Court SystemLouisiana’s Court System• Three levels

• District courts, courts of appeal, & the Louisiana supreme court

• District courts (main trial courts)• Hears both civil & criminal cases

• Court of appeals (2nd step in the judicial process)• to appeal – take a case to a higher court for

rehearing• Louisiana state supreme court (hears appeals

from lower-level courts)• Always reviews case in which defendant

has been sentenced to death

JuriesJuries• Three reason for going to court

• as a witness• as a participant in a civil lawsuit• as a person charged with a crime

• jury duty – when a citizen serves on a jury• Grand jury

• 12 citizens serve for six months• 1st step against accused criminal• Decision to indict a person

• Regular trial hears evidence and rules on the defendant’s innocence or guilt

Funding State GovernmentFunding State Government

• State needs money to function

• Budget requires detailed planning from state government to meet needs of its people

The State BudgetThe State Budget

• Budget requires plan of receiving & spending money

• Revenue estimate each year• How much?• How to spend?

• Budget from governor• Includes revenue & expenditure

• Balanced budget state constitutional requirement

TaxesTaxes• Taxes: federal, state,

and local monies collected from citizens that help provide government services

• Sales tax: charges on items purchased (largest single source of tax revenue)

• Excise tax: charges on gasoline, alcohol, soft drinks, and cigarettes

• Severance tax: charge for removing natural resources

• Income tax: based on salary/income

• Property tax: on homes and land

• Homestead exemption tax: based on value of a home according to the exemption scale

• Taxes on vehicles

Other Sources of Revenue• Additional tax revenue

•Fees from drivers’ licenses•Fees from business

licenses• Interest from state

investments• Money earned from oil

& gas royalties• Royalties from state-

owned lands• Hundreds of millions

of $ paid to state in settlements

• Monies received from the 8g fund

• The Millennium Trust Fund

of budget received from the federal government

• Borrowing money by selling bonds to investors

• Gaming (legal term for gambling)

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Section 3: Section 3: Local GovernmentsLocal Governments

ESSENTIAL QUESTION:–What are the types of local

governments?

Section 3: Section 3: Local GovernmentsLocal Governments

- What words do I need to know?1. police jury

2. home rule

3. municipality

Parish GovernmentParish Government

• Primary local government division• System of 64 parishes since 1912• Parish government & courthouse

located in town or city known as the parish seat

• 1st set up as church divisions during Spanish colonial Louisiana

Police JuryPolice Jury

• Citizens chosen to supervise (or police the parish)

• Group referred to as a jury• 46 (out of 64) parishes still the same • 5 – 15 elected members• Passes local laws for the parish• Responsible for building and

maintaining parish roads & buildings

Police JuryPolice Jury

• Authority to raise money for expenses• Appoints parish registrar of voters &

the treasurer, tax collector, sheriff, district attorney, clerk of the court

• Create special districts • Report only to the voters

Other Parish Government Other Parish Government PlansPlans

• Local governments have more power through Louisiana’s current constitution

• home rule: power of political subdivisions to govern themselves

• home rule charter: community can organize local government in a form other than police jury

• combined government: city and parish government in one body

School BoardsSchool Boards• Same political boundaries as the parishes

Exceptions: City districts of Baker, Bogalusa, Monroe, and Zachary

• Board members elected based on population• Four-year terms for members• Not a part of parish government• Closely regulated by the state• School operating monies come from the state

and from local taxes and bonds• Board appointed superintendent in each local

system

MunicipalitiesMunicipalities

• Political boundaries• Cities and towns• villages: smallest municipalities

(population from 150 to 999)• town: larger municipalities (when the

population reaches 1,000)• city: 5000+ population• A mayor & a council (or a group of

commissioners): elected by each local group

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Section 4: Section 4: Citizens and GovernmentCitizens and Government

ESSENTIAL QUESTION:–What are the rights and

responsibilities of citizens?

Section 4: Section 4: Citizens and GovernmentCitizens and Government

What words do I need to know?1. open primary

2. lobbying

3. civic

Voting and ElectionsVoting and Elections

• 26th amendment (1971): US constitution changes right to vote from 21 to 18

• Must live in parish to register in that parish

• register at registrar of voters’ office, by mail, or at the Office of Motor Vehicles

• Voter not limited to one party

• runoff election: when two candidates receive the most votes – either from the same party or different political parties

Political PartiesPolitical Parties• Organizations of people having similar ideas

about how government should be operated• 1st parties: formed around Thomas Jefferson &

Alexander Hamilton• Major political parties: Republican Party &

Democratic Party• In Louisiana, more registered Democrats• Vote more by factions • factions: groups of voters with a common

interest – includes Catholics, Protestants, Acadians, & African Americans, etc.

CampaignsCampaigns• Candidates: campaign to win votes• Methods of campaigning

– Traditionally: Spoke directly to the people

– More recently: television, radio & newspaper ads

• Hiring of political consultants• Fund-raising now essential• Campaign financing limited by law• Disclosure required of amount of money

contributed and contributor

LobbyingLobbying• Efforts made to influence a legislator• Lobbyist not limited to a special group, person, or

persons• Lobbying: done through letters and visits to the

Capital• Some lobbyists volunteer, others paid• MADD (Mothers Against Drunk Driving): example

of a lobbying group• Methods of lobbyist limited – example: using

money to buy influence prohibited• Lobbying at State & National levels often affects

the law makers final decisions

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