State Legislatures and Governors - Exam Review Flashcards
Overview of State Constitutions
Multiple state constitutions exist, such as Alabama's, with significant variation in word count and amendment process.
Differences in State Constitutions
Example: Alabama's constitution has 200,000 words.
Typically, state constitutions are easier to amend or replace compared to the federal constitution.
Massachusetts has approximately 120 amendments, compared to the federal constitution's 27 amendments.
Amendment Process
Citizens often have the power to vote on amendments or ratify new constitutions.
State legislatures can sometimes place amendments on the ballot.
Article V of the U.S. Constitution does not allow for this direct citizen action.
California is known for its robust citizen referenda, making the ballot extensive, akin to a telephone book.
The amendment process allows citizens to create laws that can be seen as more permanent than statutes.
Supremacy Clause and State Constitutions
All state constitutions are subordinate to the U.S. Constitution due to the supremacy clause.
In case of conflict, the U.S. Constitution prevails, a principle upheld by the Supreme Court.
Institutional Differences Across State Legislatures
Size of Legislatures:
Lower house members can range between 40 and 400.
New Hampshire has 400 members in its legislature, highlighting the extreme case of representation.
Average size of lower houses is around 110 members.
Upper houses vary greatly; smallest is Alaska with 20 members, while Minnesota has 67.
Term Length:
Upper houses typically serve 2 to 4-year terms, while lower houses generally serve 2-year terms.
Term Limits:
State legislatures can impose term limits; for instance, Connecticut may limit senators to three terms (18 years total).
U.S. Congress members cannot be term-limited.
Professionalism in State Legislatures
Definition of Professionalism:
Professionalism is an index variable combining session length, salary, staffing, and available resources.
Higher professionalism scores indicate legislatures more closely resembling the structure of the U.S. Congress.
Indicators of Professionalism
Higher scores correlate with full-time, well-paid legislatures with substantial staff.
Lower scores reflect part-time, less professionalized legislatures with few staff and lower pay.
Squire Scores:
Developed by social scientists to measure the above indices of professionalism.
Variability by Population Size
States with larger populations (e.g., California, New York) generally exhibit more professionalized legislatures.
Some sparsely populated states have less professionalized legislatures, although exceptions exist (e.g., Texas).
State Legislative Staff
Variations exist in the number of legislative staff; for example, Texas has a significant number of staff compared to New Hampshire.
Staff may include those assisting individual legislators and those hired by legislative chambers.
Staffing correlates with legislative professionalism rankings.
Party Control of State Legislatures
Overview of how state legislative control varies by party.
Nebraska is unique with a unicameral legislature and nonpartisan elections.
Out of all state legislatures, only three are currently split between parties: Pennsylvania, Michigan, and Minnesota.
Historical Context of Party Control
Over time, the number of state legislatures controlled by Republicans has grown, particularly since 2000, leading to a decrease in split control legislatures.
Visual representations indicate significant trends in party control across state legislatures from 1978 to present, showing a marked increase in Republican-controlled chambers.
Gubernatorial Context
Governors typically serve 2 or 4-year terms, with varying state-imposed term limits.
Some states require breaks between successive terms.
Election of Governors and Other Executive Officers
Governors can be elected on separate tickets from lieutenant governors and other executive officers.
Variability exists in names and responsibilities assigned to executive branches, such as secretaries of state and audit roles.
Party control in gubernatorial offices currently leans towards Republicans, with 24 Democratic governors and 26 Republican governors across the country.
Professionalism of Governors
Similar to legislatures, there’s a spectrum of governance professionalism based on staff size, resources, and abilities.
Responsibilities differ, particularly concerning budget proposals, impacting executive power dynamics within states.
Judicial Selection in State Courts
Each state has its own judicial selection processes that differ significantly from federal courts.
Various selection methods include:
Partisan Elections: Judges campaign with party affiliation.
Nonpartisan Elections: Judges campaign without party affiliation on the ballot but may engage in partisan activities.
Retention Elections: Judges appointed through merit systems and subject to retention votes after a term. - Executive Appointments: Resembling the federal selection process where governors appoint judges with legislative confirmation.
Arguments For and Against Elected Judges
Supporters claim elected judges reflect societal norms more than appointed judges.
Critics, including Sandra Day O'Connor, express concerns that elected judges may cater to voter preferences rather than legal merits, compromising judicial integrity.
Exam Preparation and Assessment
Key questions include identifying sources of variation between state legislatures and defining them effectively.
Assessment criteria emphasize correct identification and understanding of terminology related to legislative variation, professionalism, and election processes.
Conclusion
Understanding state institutions, amendments, and processes is crucial for comprehending broader American politics and governance.