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).