Chapter Objectives • State Constitutions Explain the importance and functions of state constitutions. • The Three Branches Discuss the organization and functions of the three branches of state governments. • State Government Policy Analyze ways in which state governments write and enforce public policy. • Financing State Government Identify and evaluate various sources of state revenue.
State Constitutions Understanding Concepts Federalism Why are state constitutions lengthy documents compared to the nation’s Constitution? Section Objective Explain the importance and functions of state constitutions.
California is perhaps the state that is best known for a provision found in many state constitutions—proposing constitutional amendments by popular initiative. During the 1990 s, California voters passed several amendments that stirred public interest across the nation. One notable example was Proposition 209, a popular initiative passed by the voters in 1997 by a margin of 54 to 46 percent. Proposition 209 ended the state’s affirmative action program in education, hiring, and the awarding of government contracts.
I. Importance of Constitutions (pages 637– 638) A. State constitutions create the structure of state governments. B. State constitutions establish local governments, such as counties, townships, municipalities, special districts, parishes, and boroughs. C. State constitutions regulate how state and local governments can raise and spend money. D. State constitutions establish independent state agencies, boards, and commissions.
II. Constitutional Characteristics (page 638) A. All state constitutions have a bill of rights, with most of the protections as in the Bill of Rights in the Constitution of the United States, and many states also guarantee other rights. B. Many state constitutions have become long documents as a result of additions made over the years. C. Long state constitutions are filled with detailed, specific provisions, often reflecting special interest politics.
III. Amendments and Changes (pages 639– 640) A. Some state constitutions have a great number of amendments. B. Constitutions of the 50 states provide four different methods of proposing amendments. 1. The most common method of proposing amendments is by the state legislatures. a. Eighteen states also allow the people to propose amendments by popular initiative. b. Some states allow a state constitutional convention to propose amendments. c. Some states use a constitutional commission to propose amendments.
III. Amendments and Changes (pages 639– 640) C. All states except Delaware require ratification of amendments by popular vote; most require a simple majority vote. When voters rather than the legislature vote on an issue, it is called a referendum.
IV. Criticism and Reform (page 640) A. Over the years, critics have charged that state constitutions are too long and filled with needless detail. B. In order to replace existing state constitutions, most states require a constitutional convention. C. In most states, the legislature proposes the convention, which the voters must approve, and then voters, in a new election, choose delegates to write a new document or propose changes to the existing constitution. D. During the 1980 s, more state judges began to interpret state constitutions independently of the Constitution of the United States.
Checking for Understanding 2. Define initiative, constitutional convention, constitutional commission. An initiative is a method by which citizens propose a constitutional amendment or a law. A constitutional convention is a gathering of citizens elected to consider changing or replacing a constitution. A constitutional commission is a group of experts appointed to study a state constitution and recommend changes.
Checking for Understanding 3. Identify state constitution. A state constitution creates and outlines the structure of state government.
Checking for Understanding 4. In what ways are most state constitutions alike? They separate power into three branches, have a bill of rights, and include much specific detail.
Checking for Understanding 5. Why are state constitutions amended more frequently than the federal Constitution? Because state constitutions are more detailed and deal with more immediate and specific concerns, they go out of date more quickly, requiring further amendments.
Federalism Many state constitutions contain historic provisions that are no longer applicable, such as a tax to help veterans of the Civil War. Examine your state constitution. Identify provisions in the constitution that may no longer be applicable. Do you think that states should take the time to eliminate these provisions? Why?
Seven sitting governors have been elected president: Rutherford B. Hayes (Ohio), Grover Cleveland (Ohio), William Mc. Kinley (Ohio), Woodrow Wilson (New Jersey), Franklin Roosevelt (New York), Bill Clinton (Arkansas), and George W. Bush (Texas).
I. The Legislative Branch (pages 641– 642) A. The state legislature passes laws. B. Members of state legislatures are elected from legislative districts. Qualifications for members are outlined in state constitutions. C. Many state legislators work part-time in other fields. D. Most state legislatures: 1) are bicameral, 2) hold annual sessions, and 3) conduct business through committees.
I. The Legislative Branch (pages 641– 642) E. Many bills originate in the executive branch of state government. F. A bill begins in either house of the state legislature and is debated and voted on. The governor vetoes or signs passed bills.
II. The Executive Branch (pages 643– 645) A. The governor heads the executive branch of the state government. B. State constitutions outline qualifications of the governor. C. A governor generally must be nominated by a major political party and win the general election. D. Most governors serve four-year terms. In 18 states, governors and other officials can be removed from office by a recall.
II. The Executive Branch (pages 643– 645) E. The governor proposes and signs laws, represents the state to foreign businesses, is his or her party’s state leader, and works to obtain federal grants. F. Most governors prepare the state budget and are commander in chief of the state National Guard. G. Since 1965, most states have given governors greater executive power.
II. The Executive Branch (pages 643– 645) H. Governors 1) supervise the executive branch of the state government, 2) propose legislation, 3) veto bills, 4) call special sessions of the state legislature, and 5) have limited power over the state court system. I. Most states elect other members of the executive branch.
III. The Judicial Branch (pages 646– 647) A. State courts interpret and apply state and local laws to civil and criminal cases. B. The justice court performs marriages and handles minor civil and criminal cases. C. Municipal courts, police courts, or magistrate courts handle cases of petty crime or property disputes. Other minor courts include small claims court, juvenile court, domestic relations court, traffic court, and probate court.
III. The Judicial Branch (pages 646– 647) D. State general trial courts hear cases involving serious crimes. E. State appeals courts review cases of lower courts. F. A state supreme court is the court of final appeal. G. Judges may be removed from office.
Checking for Understanding Match the term with the correct definition. ___ bicameral F ___ lieutenant C governor ___ plurality E ___ item veto B ___ civil case D ___ criminal case A A. when the state brings charges against a citizen for violating the law B. the power to turn down particular items in a bill without vetoing the entire bill C. the presiding officer of the upper house in some state legislatures D. usually involves a dispute between two or more private individuals or organizations E. the largest number of votes in an election F. two-house legislative body
Checking for Understanding 3. Identify National Guard, attorney general, secretary of state, Missouri Plan. The National Guard is a state militia that serves under the governor’s control. The attorney general supervises the legal activities of all state agencies, gives legal advice to the governor, and acts as a lawyer for the state in cases in which it is involved. The secretary of state is the chief secretary or clerk of state government. The Missouri Plan is a selection process for judges that combines appointment by the governor and popular election.
State Government Policy Key Terms corporate charter, public utility, workers’ compensation, unemployment compensation, conservation, mandatory sentencing, victim compensation, extradition, parole, shock probation, shock incarceration, house arrest Find Out • What are four major objectives of state economic policy? • Why does each state have its own criminal laws?
I. State Regulation of Business (pages 648– 650) A. Business corporations must have a charter issued by a state government. B. Federal and state governments regulate giant corporations. C. States have laws to protect consumers from unfair practices and to protect the health and safety of workers. D. State governments provide workers’ compensation. E. Workers in all states have the right to belong to labor unions. F. State governments try to attract new business and industry.
II. States and the Environment (pages 650– 651) A. States’ concerns for economic growth sometimes clash with public concern for the environment. B. In 1989 Congress strengthened the states’ power to protect the environment. C. State governments have begun to monitor the environmental impact of major projects.
III. Protecting Life and Property (pages 651– 653) A. State and local governments are responsible for protecting life and property, and for establishing a criminal code and a system of punishment. B. State police forces have investigative powers in many states, but they have broad responsibilities in a few states. C. State courts handle the majority of all criminal cases in the United States. D. In strained state justice systems, many states are giving judges more sentencing options.
III. Protecting Life and Property (pages 651– 653)
IV. Providing for Education, Health, and Welfare (pages 653– 654) A. State governments provide about 45 percent of revenues for local public schools. B. State spending for education generally has increased. C. The state licenses doctors and dentists, regulates the sale of medicines, and requires vaccinations for schoolchildren. D. State agencies provide programs of public welfare, health and human services.
IV. Providing for Education, Health, and Welfare (pages 653– 654) E. With federal assistance, states help people with special needs. F. With Medicaid assistance, states help lowincome people pay medical bills.
Checking for Understanding Match the term with the correct definition. ___ corporate B charter ___ conservation E A. program designed to show young offenders how terrible prison life is through brief incarceration followed by supervised release ___ extradition C B. a document that gives a corporation legal status ___ shock A probation C. the legal procedures through which a person accused of a crime who has fled to another state is returned to the state where the crime took place ___ house arrest D D. a sentence which requires an offender to stay at home except for certain functions the court permits E. the care and protection of natural resources
Financing State Government Key Terms excise tax, regressive tax, proportional tax, bond, intergovernmental revenue, federal grant, block grant, mandate Find Out • What are the major sources of state tax revenue? • Under what kinds of programs does the federal government provide aid to states?
States today raise large amounts of revenue from state lotteries. Millions of residents buy lottery tickets each day, hoping to win the lottery jackpots. The largest prize ever won was $363 million, in a 2000 multistate lottery called The Big Game. Both winners chose to receive cash payments of about $90 million as their share of the jackpot. Of course, even though they had beaten huge odds they still had to pay income tax to both the state and federal governments.
I. Tax Revenue (pages 656– 657) A. Individual state constitutions limit state taxing powers, as does the Constitution of the United States. B. Today, most state governments have some type of sales tax, which accounts for about half of the total tax revenue of state governments. C. Most states now also have individual income taxes and corporate income taxes, which account for more than 30 percent of all state tax revenues.
I. Tax Revenue (pages 656– 657) D. States require license fees for various businesses and professions, as well as for operating motor vehicles. E. States impose taxes for removing natural resources from state land or water. Many states also have less well-known taxes, such as a state property tax, estate taxes, and inheritance taxes.
II. Other Sources of Revenue (pages 657– 658) A. Since taxes finance only a part of state government expenses, states turn to borrowing, lotteries, and the federal government. B. States borrow money by selling bonds to pay for large, long-term expenditures such as highway construction. C. Nearly three-fourths of the states run public lotteries to raise revenue. Lotteries became the fastest-growing source of state revenues in the 1980 s.
II. Other Sources of Revenue (pages 657– 658) D. The federal government provides about 20 percent of all state revenues, much in the form of grants-in-aid, and stipulates how the grants may be used. Categorical-formula grants go to states on different bases, depending on the state’s wealth. E. During the 1980 s and 1990 s, the federal government’s share of state and local government revenues declined, but unfunded, federally-mandated programs increased until Congress passed the Unfunded Mandate Reform Act (UMRA) to curb unfunded mandates in 1995.
Checking for Understanding Match the term with the correct definition. ___ excise tax E ___ regressive D tax A. a formal order given by a higher authority B. a sum of money given to a state for a specific purpose ___ progressive F tax C. a contractual promise by a borrower to repay a certain sum plus interest by a specified date ___ bond C D. tax in which people with lower incomes pay a larger portion of their incomes ___ federal grant B ___ mandate A E. tax on the manufacture, transportation, consumption, or sale of certain items such as gasoline, liquor, or cigarettes F. tax based on a person’s ability to pay
Checking for Understanding 4. What are the two main categories of state tax revenue? Two main categories of state tax revenue are sales tax and income tax.
Interpreting Political Cartoons Activity 1. What is the subject of this cartoon? state funding of education and schools
Interpreting Political Cartoons Activity 2. As depicted here, how are state funds allocated to schools? In the situation depicted in the cartoon, students pay a meter to receive academic instruction. Students decide how much education they will receive by how much money they deposit in the meter.
Interpreting Political Cartoons Activity 3. How does the cartoonist feel about the current funding system? Possible answer: Differences in the total amount of spending per pupil exist among the states and among localities within states. Differences in spending on education between rich and poor school districts have become vast in some states. Many state courts have claimed such differences are unconstitutional. The cartoonist jokes about the capability of some students to pay for their education.
Why do state governments hold the right to issue occupational and professional licenses? Licenses are a form of consumer protection, helping to ensure that people working in various professions have the appropriate qualifications for doing so.
1) No; there are many different types of local government which vary by state and the size of the individual communities. 2) No; the United States Constitution is supreme over state constitutions 3) No; even though all states provide for three branches
1) the voters 2) Voters elect state attorneys general; the president of the United States appoints the U. S. Attorney General 3) Decisions may be made to please the governor rather than the voters.
1) Mississippi and Arkansas 2) Answers will vary. 3) Possible answers may include geographical location, urban centers, and population
1) Intergovernmental and sales taxes 3) Answers will vary. 2) education and public welfare
Extradition comes from a Latin term meaning “the act of handing over. ” The same Latin term—traditio —also serves as the basis for the words traitor and treason.
Environment is used so often that the implications of its meaning may not be apparent. Literally, environment refers to the concrete conditions by which one is surrounded. Discuss the connotation that one is “fenced in” by a physical environment— and the fact that pollution of the environment poses a danger that cannot easily be escaped.
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