State and Local Government
First State Constitutions
Modeled after colonial charters
Proclaimed principles of popular sovereignty, limited goverment, separation of powers and checks and balances.
Most of the authority is give to the legislature.
None provided for full religious freedom.
Rigid qualifications for voting and officeholding.
All gave property owners a favored standing. This led to a political landscape where economic status significantly influenced citizens' rights and access to the democratic process.
As a result, laws and policies were often tailored to protect the interests of the wealthy, perpetuating a cycle of inequality in representation and governance.
Protections of civil rights
Gvoernmental structure
Governmental powers and processes.
Constitutional change
Miscellaneous provisions
State Legislatures
Tranlates the public will (what the public wants) into public policy for the states.
Most legislatures are bicemeral. This means they are divided into two chambers, typically a House of Representatives and a Senate, which work together to craft and pass legislation.
Ideal legislature size is not too many people make business difficult to conduct, but not so few that many interest go unrepresented.
Legislatures are elected from districts drawn by the legislature every 10 years.
State constitutions define legislator requirements regarding age, citizenship, a residence.
Lgislators are chosen by popular vote, usually in November of even-numbered years.
Legislators serve 2-4 year terms. In Massachusetts, its 2 years.
Most states hold annual legislative sessions with special session being called for urgent matters.
Legislaturs can pass any law that does not conflict with the federal constitution or federal laws, or that state constitution.
Legislatures have the power to tax, spend, borrow, establish coursts, define crimes and punishments, regulate commerce, maintain public schools, and other powers.
Bills are introduced by legislators, but may be written by: officers and agencies of the sate and local government, interest groups, private citizens, or the governor, ensuring a diverse range of perspectives and needs are considered in the legislative process.
Voters can propose constitutional amendments or statues by initiatives which submitting signed petitions.
A referendum is a proces by which a legislative measure si decided upon by the State’s voters.
State Executive Branch
Typically must be an American citizen, 25 or 30 years old and have lived in teh sate for at least 5 years.
Elected by poplar vote.
Most serve 4-years with a 2 term limit.
Most have a leutenant governor that could serve in their absence.
Can be removed officy by impeachment.
Duties vary by state depending on the specific laws and constitutional provisions established in each state.
Appoint and remove state officials
Supervise the State’s executive branch.
Prepare an annual or biennual budget to go to the legislature.
Execituvie officers
The governor shares powers with other elected officials such as the lieutenant governor, attorney general, and secretary of state, each responsible for specific areas of governance.
In most states the leutenant governmor presides overs the senate
The Secretary of state serves as teh chief clerk and record keeper.
The treasurer is responsible for managing the state's funds/finances, including collecting taxes, disbursing funds, and overseeing investments.
The Attorney General is the Sate’s lawyer
State’s Court and law:
Justices of the Peace preside over minor offenses in rural areas.
Magistrates handle minor civil complaints in urban areas
Municial Courts hear civil cases involving misdemeanors
Juvenille courst decide cases for individuals under 18
General trial courts try civil and criminal cases
Appellate courts hear appeals beteween trial courts and State’s supreme court.
State Supreme court reviews the decision of lower courts
Consitutional law is based on the US and State Constitution
Statutory law based on laws enacted by legislatures
Administrtive law composed of federal, state, or local rules, orders, and regulations
Common law based on prior rulings and accepted ideas of right and wrong.
Equity preventitive laws based on fairness, justices and right.
State court - judges are selected by popular vote, governor, or legislative appointment (depends on state).