Governing the States

Chapter 24

Michigan Capitol Building in Lansing

State Constitutions State Constitutions are the State’s Supreme Law of

the Land A States Constitution is superior to all State and local

laws. Each State Constitution is subordinate (below) the

Constitution of the United States – Article VI, Section 2 – The Supremacy Clause.

Approved on October 6 1835 as it was becoming a State in 1837

State Constitutions All State Constitutions consist of principles of

popular sovereignty and limited government – government exists only with the consent of the people.

Each document has a Bill of Rights. Each deals with powers of Executive, Legislative and

Judicial branches and the units of local governments. Each Constitution outlines how it can be amended. In

some States, changes or laws are made through initiative: a method in which a certain number of qualified voters sign petitions in favor of a proposal. That proposal then goes to the ballot to be approved or rejected by the people.

Legislative Body Each State has a legislative body that functions similar to

that of the National Congress. Each State sets the age for Congressional members (21-25). Legislators are chosen by popular vote in every State. Most States hold elections in November of even numbered

years. They serve 2-4 year terms depending on the State. Sometimes a legislative measure is referred to the State’s

voters for final approval or rejection. This process is called a referendum. Sometimes the people will demand through petition that a measure passed by the legislature be referred to them for final approval.

State LegislatureSenate political groups Republican: 26Democrat: 12

House of Representatives political groups Republican: 59Democrat: 50Independent: 1

House Member: Dave Pagel Republican

Senator: John Proos, Republican

Executive Power - Governor

IncumbentRick Snyder - Republicansince January 1, 2011

• Governors are popularly elected in each State.

• Qualifications vary. In Michigan, the governor must be 30 and have lived in Michigan for 4 years. Can serve 2, four year terms.

• In some States, the governor may be recalled. The recall is a petition in which voters remove an elected official from office before completion of term. If enough signatures, there is a special election held in which voters decide whether to recall the officeholder.

The State Courts Each State Constitution creates a court system for

the States.Types of Courts:Justices of the Peace: gradually disappearing. They were set up in rural areas. Today, people can more easily travel to the city, so they’ve become less common. JP’s try misdemeanors – petty offenses (ex: traffic violations, public drunkenness).Magistrate’s Courts: City cousins of JP’s. Handle minor civil complaints and misdemeanors. Like JP’s, magistrates are usually elected for short terms.

The State CourtsMore Types of CourtsMunicipal Courts: Found in most of the larger cities. Many times divided into divisions like civil, criminal, traffic, small claims. Hear the usual run of misdemeanors and civil cases.Juvenile Courts: Those under 18 are usually not always subject to the same laws. These courts hear their cases. Sometimes they send individuals to be tried in adult courts.General Trial Courts: Usually one or more per County. Most of the important cases are heard in these trial courts.

State CourtsMore Types of CourtsIntermediate Appellate Courts: Stand between trial court and the State’s Supreme Court. They serve to ease the burden of the high court. They have appellate jurisdiction in most cases.The State Supreme Court: Hears cases appealed to it. Court of last resort and has final say in State law. Usually a State Supreme Court decision is final. The U.S. Supreme Court will only hear a case if there is a federal question and if they decide to hear the case.