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.