Unit 7 Participating in State and Local Gov.’t Ch 24 – Governing the States Ch 25 – Local Gov.’t and Finance.

Unit 7 Participating in State

and Local Gov.’tCh 24 – Governing the States

Ch 25 – Local Gov.’t and Finance

Ch 24 – Governing the States• State

____________• A state’s constitution is that state’s _______

law (but it cannot violate/contradict the ________ Constitution). It sets out how the state’s gov.’t will be ________, places limits on that gov.’t’s power as well as distributing power b/w the _______________.

• Every state has a written constitution w/ a _________ + they share many of the same principles as the national Constitution such as popular sovereignty (power of the _____ over the gov.’t), + limited gov.’t, (the gov.’t is _______ in what it may do), separation of powers (powers of the gov.’t are ________ among the 3 branches), + checks and balances (powers each branch of the gov.’t has over ____________).

• Changing the state constitutions

• State constitutions may be changed by an _________ or by revision (______________ changes).

• To amend a state constitution the amendment must first be proposed in the _________________ or by a constitutional convention but the process varies from state to state. Also, 17 states allow ______ to propose amendments in a process known as initiative – where when enough voters sign a ______, the amendment is placed on the ballot for all to vote on. The states w/ a simpler process tend to have _______ amendments.

• After an amendment is proposed it must be ratified by a vote of the _______ – although the majority required varies. Only __________ is different; it requires a 2/3 vote in each house of its legislature in _____________ sessions.

• Almost all state constitutions are in need of ________. Many are too long +/or too old. Often the laws in these constitutions __________ + many are ignored b/c they are so outdated. Also, due to the increased functions performed by the state gov.’ts, ___________ to the constitutions have been necessary.

End Section 1

• The legislature

The State Capital building in Columbia

• 49 states have a ____________ legislature (_________ has a unicameral). All states call the upper house the _______, + most call the lower house the House of _______________ (others call it the Assembly or House of ___________).

• Almost all legislators are elected from single-member _______ which are redrawn every 10 yrs after the ____________.

• All states elect legislators by _____________.• In all but ___ states, the state legislators are

elected on even years (to serve 2 or 4 yr terms).

• The job has a high __________ (over ¼ of state legislators are serving their ___ term).

• Pay is ____ (often under $30,000 a yr) which puts off many prospective candidates.

• Almost all states meet for ________ sessions. Sessions don’t last all year, but as their workload gets bigger, sessions have gotten longer, + _____________ are more frequent.

• Powers of the legislature

• Organization of the legislature

• Similar to the powers of the national _________: approves the governors’ ___________ (in some states they make the appointments), can ____________ (except in Oregon), proposes amendments, ______________.

• Also has the ___________ which is the authority to act to protect + promote public health, safety, _______, + general welfare. They must balance this power w/ protecting __________________.

• Set up similarly as the national Congress. The ________ house elects a speaker (in 49 states). The _____ house elects a president in 25 states + in the other 25, the _______________ serves as the president w/ an elected member serving as president _________________.

• Has a ____________________ for passing laws similar to the national Congress.

End Section 2

• Governors

Nikki Haley (R)

• The gov. is the head of the ______________ at the state level – but in some states that power is heavily _____ b/w the gov. + other elected officials (like the attorney general, the treasurer, etc).

• As of 2005, of the over 2,500 people who have served as gov., only 25 have been __________.

• In every state the gov. is elected by ____________.• Almost all serve _______ terms.• Over ½ of the states have ________ (usually 2, but

VA only allows 1).• If a gov. resigns or dies in _______, in 43 states the

lieutenant gov. becomes gov., in 4 states the ___________________ succeeds, + in 3 states the job goes to the __________________.

• A gov. may be __________ (except in Oregon) + in 18 states he/she may be recalled (_____________ ______ before the end of the term by popular vote).

• The average gov. makes over $________ per yr. + lives in an official residence.

• ________ of the gov.

• _________: appoints + removes subordinates (but not all), directly controls many ____________ (but not in all states), prepares a _________ (in most states + the legislature may make changes), commander in chief of the state’s ____________.

• _________: recommends legislation, calls special sessions of the legislature, + ___________ (in 43 states, the gov. has the power of item veto – vetoing ____ of a bill, this power is often restricted to $ bills).

• ______: may ______ or reduce the sentence of a criminal, may grant a reprieve (postpone carrying out a sentence) + may grant ________. The gov. often shares these powers w/ a board.

• Miscellaneous duties: include (but not limited to) receiving _____________ to the state, dedicating new buildings, addressing public gatherings, travel to promote the state’s __________, settle labor ____________, etc….

• In most states, these officials are chosen by ____________ + NOT appointed by the gov.:

• The Lieutenant Gov. – (44 states) few formal duties. In 42 states, he/she steps in as gov. if necessary + in ½ the states, he/she serves as ___________________.

• The Secretary of State – (47 states) serves as the state’s chief clerk + _______ ________. He/she usually administers _______ laws, but usually has little power.

• The State Treasurer – (all states) custodian of ___________, often the chief _____________ + paymaster for the state.

• The Attorney General – (all states) the state’s ______________. Serves as legal advisor to state officers + agencies, represents the state in _____, + oversees the work of local prosecutors. In many states, his/her opinion has the _________ unless successfully challenged in court.

End Section 3

• Other executive officers

GlennMcConnell (R)

MarkHammond (R)

CurtisLoftis, Jr. (R)

AlanWilson (R)

• The courts + their laws

• Constitutional law – laws based on the __________ constitutions. _____________ laws in the land.

• Statutory law – laws enacted by the US + state ______________.

• Administrative law – laws that are passed under proper constitutional +/or statutory laws.

• Common law – laws that are ________, judge-made that have developed over centuries from ideas that are ___________________ as right or wrong.

• State courts apply common law except when in conflict w/ _______________.

• A precedent is a court decision that becomes a _____ to be followed later in similar cases.

• Equity – legal action that seeks to stop wrongs ___________ they occur.

---------------------------------------------------------------------• Criminal law – laws that define ____________. The

state always ______________ these cases.• Felony – _____ crime w/ tougher sentences.• Misdemeanor – ________ crime.

• Civil law – laws that relate to disputes b/w _______ _______ (ex. Law suits, divorces, custody, contract violations, etc).

• The jury system

• The grand jury consists of ____ people who hear a prosecutor’s evidence to decide if there is enough evidence to merit _____ against the accused. The smaller the jury, the higher the __________ who must vote for a trial.

• B/c the grand jury system is __________, for minor offenses over ½ of the states simply require a _____________ to file charges.

• The petit jury (or trial jury) consists of ______ members who hear the evidence + decide on a _______. In some states a _________ verdict isn’t required in minor cases. If the jury cannot reach a verdict (a __________), another trial takes place or the matter is ____________.

• In some states, minor cases may have a bench trial (when a _____ decides the case).

• Potential jurors are drawn on records from the _______, utility bills, or county _______.

End Section 4

• Different types of courts

• Magistrates’ courts (urban areas) + Justices of the Peace (rural areas) - handle _________ complaints + misdemeanors. They may issue certain types of warrants, perform ___________, + other minor duties.

• Municipal courts – Handle _________ cases involving minor civil cases + misdemeanors. Often divided into divisions (_______, small claims, _________, etc).

• Juvenile courts – hear cases involving ______ (under 18) except under _____________________. Usually emphasize _______________ more than punishment.

• General trial courts – hear most of the more _______ civil + criminal cases in the US.

• Appellate Courts – hear cases _________ to ease the burden of the Supreme Courts. They don’t have another _____, but review the facts of the case + hear ____________________.

• The State Supreme Court – the ______ court in each state’s system. Unless the case involves a question of _______________, the case can go no further.

End Section 5

Ch 25 – Local Gov.’t and Finance• Counties • A county is a major unit of ____________ in most

states (some states don’t have counties – ex. Rhode Island. __________ has parishes + ______ has boroughs).

• In the South + West, counties are the major units of gov.’t in ____________, but in the Northeast, they serve as little more than __________ districts.

• The structure of county gov.’ts ______ but typically it’s led by a ______________ who are popularly ________. They usually have both legislative + executive _________.

• Some other typically elected county officials include the sheriff, clerk, assessor, district attorney, auditor, coroner, treasurer, + ______________________.

• They do many things like _________, manage jails, administer welfare programs, maintain _____, + appoint many __________________.

Thomas Wilson

• Towns + townships

• Special districts

• Common in the _________ + _________.• Includes the town + the ________ around it.• Provides many of the _______ that counties

do in other parts of the country.• Most still have annual (or more frequent)

__________________.

• An __________ unit created to perform one or more related governmental functions at the _____________.

• Often created due to the need of a _______ _______ in a wider or smaller area than that covered by a county or city. Also created b/c other local gov.’ts didn’t provide the service desired.

• Ex. – _____________________ 1,2,3,4,+5. End

Section 1

• Cities • In 1790, only __% of Americans lived in cities, today over __% live in cities + their suburbs.

• This change was due to advances in technology + _______________.

• Whereas counties are formed primarily to serve the ____________________ of the state, cities are formed for the _____________ of those who live in it.

• Cities can provide more _________.

• For a city to be ________ they must meet state requirements (usually concerns _____________).

• Cities lay out their ____________ in charters (kind of like a _________).

• Types of city gov.’ts

1. Mayor-Council gov.’t – the oldest + most ________ type. The mayor serves as _______________ + the council as the ______________. The council is popularly elected for 1-6 yr terms. The mayor is either _________ or one of the council members is chosen to serve as mayor.

• In a strong-mayor gov.’t, the mayor heads the city’s administration, usually has __________ over the council, can hire + fire employees + prepares the __________.

• In a weak-mayor gov.’t, the mayor ________ administrative duties w/ other elected officials, _______ has the veto, + shares the powers of appointment, removal, + budget w/ the council (or only the _________ has those powers).

2. Commission gov.’t – consists of _____ commissioners, each elected to head a ___________. 1 is chosen to act as mayor, but has no extra authority. The commission has all ________ + ___________ powers.

3. Council-Manager gov.’t – has a ___________ mayor, a strong council w/ legislative power, + a _________ chosen (+ can be fired) by the council to administer their policies.

• City zoning • Cities are divided into _______ in order to ensure proper ______. There are typically 3 types of zones:

• _____________• _____________• _____________

• Limits may also be place on what ______ of structures may be built, ________ they may be, + _______ they may be built.

End Section 2

• State + local services

• ________– most expensive service provided (over _____ of all state budgets). Primary financial responsibility is the _____ gov.’ts w/ some state aid. States set many of the __________ however (teacher qualifications, standards, testing, etc). Also, the state helps fund ___________ (but not private colleges).

• Public _________– includes health programs (Medicaid), welfare programs, + others (_____________, inspections, licensing, etc).

• Public Safety – police + _________.• Highways – build + ______ roads, set speed

limits, license drivers, + some states require vehicle ____________.

• Other services – (parks, firefighting, etc.) vary due to budget, ___________, + other factors.

End Section 3

• State + ____ tax limits

• The US Constitution _______ things that the states may tax such as:

• Interstate + __________ commerce• The federal gov.’t + its agencies• Limits imposed by the 14th

Amendment (taxes must be imposed fairly, not be so heavy as to ________ property, be imposed for ________ __________, + not be based on things like religion, race, etc).

• State ___________ also set their own limits.• The states limit the _______________.• Most states exempt _________ + non-profit

organizations.

• Sources of ____ revenue

• Sales tax – taxes placed on goods which may be a general tax or a ________ tax. They are regressive taxes (taxes that are not levied based on a person’s _________________).

• Income tax – tax levied on the income of the individual +/or ___________. It is a progressive tax (taxes that are based on a person’s ___________).

• Property tax – taxes levied on either ____________ (land, buildings, etc) or on _______________ (cars, stocks, bank accounts, etc). For most states, this is their ____________________________.

• Inheritance or Estate tax – (or “________ tax”) an inheritance tax is levied on the beneficiary’s share of the estate, while an estate tax is on the estate itself.

• _______________ – states tax businesses in many ways such as licensing, capital stock taxes (based on the value of a company’s stock), + taxes for removing ________________ (like timber, minerals, oil, fish, etc).

• Others – include paycheck taxes, ______________ (theaters, sports events, etc), license taxes, etc…

• _______ sources of revenue

• Grants from the __________________• _______ roads/bridges• Some cities operate their own water,

_______________, +/or bus systems• ___ office space, housing projects, etc• ____________• Sale/lease of ______________• Interest from _______• _____________• _____________• __________ – usually by selling bonds

End Section 4