Splash Screen Contents Chapter Introduction Section 1The Federal System Section 2The State...

Chapter Introduction

Section 1 The Federal System

Section 2 The State Legislative Branch

Section 3 The State Executive Branch

Section 4 The State Judicial Branch

Review to Learn

Chapter Assessment

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Chapter OverviewIn Chapter 12 you learn about state and local governments. Section 1 describes the federal system. Section 2 explains the state legislative branch. Section 3 discusses the state executive branch. Section 4 examines the state judiciary branch.

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Chapter ObjectivesAfter studying this chapter, you will be able to:

• Describe the state legislative branch. • Analyze the state executive branch.

• Discuss the state judiciary branch.

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Guide to Reading

When the Framers of the U.S. Constitution created a federal system, they ensured that power would be shared between the national and state governments.

• federal system

Main Idea

Key Terms

• reserved powers • concurrent powers

• grants-in-aid

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Guide to Reading (cont.)

Organizing Information As you read, use a graphic organizer like the one on page 282 of your textbook to help you take notes about our federal system of government.

• How does the federal system of government operate?

Reading Strategy

Read to Learn

• How do state governments cooperate with the federal government?


The Constitution and Federalism• The original 13 colonies behaved like

individual nations.

• The national government under the Articles of Confederation was weak and ineffective.

• Under the government created by the new Constitution, the states agreed to give up some independence.


(pages 282–285)(pages 282–285)

The Constitution and Federalism (cont.)

• The Framers created a federal system, or federalism, in which the central government and states share power.

• The sharing is not equal.

• When state and national laws conflict, national law rules.

• Federalism is a middle ground.

• The Framers wanted the national government to be strong enough to be effective yet have some limits.


(pages 282–285)(pages 282–285)


• The Constitution says that no state can be divided or merged with another without its consent.

• It also allows states to maintain a militia.

• The governor may call on the National Guard in local emergencies.

• The president may federalize the Guard.


(pages 282–285)(pages 282–285)


• The Constitution forbids states to make treaties with foreign countries, declare war, keep an army in peacetime, issue money, or impose import taxes.

• Amendments forbid state governments from taking away civil liberties.


(pages 282–285)(pages 282–285)


• The Tenth Amendment says that states may exercise all powers not given to the federal government or denied to the states. These are reserved powers.

• States use reserved powers to promote the health, safety, and welfare of their citizens.

• They set up police forces, build roads, run schools, and organize local governments.


(pages 282–285)(pages 282–285)


• Concurrent powers are powers shared by the state and federal governments.

• However, the supremacy clause in Article VI makes the laws of Congress the “supreme law of the land.”

• In McCulloch v. Maryland, the Supreme Court held that when state and federal powers conflict, federal powers take precedence.


(pages 282–285)(pages 282–285)


• Supporters of states’ rights argue that because the states created the national government, all the national government’s power should be limited.

• They believe the states are closer to the people and better reflect their wishes.


(pages 282–285)(pages 282–285)


• Nationalists argue that people, not the states, created the national government and the states.

• They believe that the “necessary and proper” clause of the Constitution gives Congress the right to adopt any means it needs to carry out its powers.

• The balance of power has shifted back and forth between the states and the national government throughout American history.


(pages 282–285)(pages 282–285)

Governmental Cooperation• The federal government provides grants-

in-aid or money to the states to help pay for their programs.

• States must contribute some of their own money and follow the rules set by Congress.


(page 285)(page 285)

Governmental Cooperation (cont.)

• The federal government gives grants to cities and counties.

• Sometimes the money goes to the states first.

• The states then award grants to cities and counties, with conditions attached.



• Article IV requires states to give “full faith and credit” to the laws and court decisions of other states.

• This encourages interstate cooperation.

• Article IV requires every state to have a “republican form of government.”

• The federal government will defend state governments against invasion or domestic violence, such as a riot.




• In return, states provide services to the federal government.

• For example, states conduct federal elections.

• Also, states must approve constitutional amendments.




State Constitutions• State constitutions vary, but they all

provide for separation of powers among three branches of government.

• They outline the organization of each branch, the powers and terms of office, and the method of electing officials.

• State constitutions contain bills of rights that include all or most of the protections in the U.S. Bill of Rights. Some include additional protections.



State Constitutions (cont.)

• State constitutions establish different types of local governments, including counties, townships, municipalities, special districts, parishes, and boroughs.

• State constitutions regulate the ways state and local governments can raise and spend money.

• State constitutions establish state agencies, boards, and commissions.



State Constitutions (cont.)

• A state’s constitution is the highest law in the state, but it may not clash with the U.S. Constitution.

• The amendment process varies.

• In most states, an amendment must be first proposed, usually by the legislature, and then ratified by the voters.



Guide to Reading

State legislatures operate much like the U.S. Congress at the national level, but they also have the important task of apportioning election districts.

• unicameral

Main Idea

Key Terms

• apportion


Makeup of Legislatures• State lawmaking bodies vary in name and

size, but most states call them legislatures.

• Except for Nebraska’s unicameral, or one-house, legislature, every state has an upper house (the senate) and a lower house (usually the house of representatives).


(pages 287–288)(pages 287–288)

Makeup of Legislatures (cont.)

• Senators usually serve four-year terms; representatives, two-year terms.

• The house usually has two to four times as many members as the senate.

• Members of the legislature generally must be American citizens and live in the district they represent.

• Usually they must be at least 18 years old.


(pages 287–288)(pages 287–288)

Makeup of Legislatures (cont.)

• Ever-growing responsibilities have made membership in a state legislature a more demanding, year-round job.

(pages 287–288)(pages 287–288)

How State Legislatures Function• A speaker of the house directs the house

of representatives.

• A president or lieutenant governor directs the senate.

• The majority party selects the speaker and the senate president, except in states with a lieutenant governor.

• Ideas for bills may come from the governor, the executive branch, individuals, or legislators.



How State Legislatures Function (cont.)

• Once introduced, bills go to committees. • The majority party selects the

chairpersons. • Committees study and may revise bills. • They may kill a bill or send it to the full

house with a recommendation to pass or reject.

• Conference committees work out differences between versions passed by each house.

• A bill becomes law if both houses pass it and the governor signs it.



Legislative Apportionment• Every 10 years, when the national census

is taken, state legislatures reexamine congressional districts.

• State legislatures divide the state into a set of districts for senators and a different set for representatives.



Legislative Apportionment (cont.)

• Senate districts were once based on land area.

• House districts were apportioned, or divided among districts, based on population.

• The result was unequal representation.



Legislative Apportionment (cont.)

• In Baker v. Carr, the Supreme Court ruled that federal courts can hear suits to force state authorities to redraw electoral districts.

• Later, in Reynolds v. Sims, the Court held that both chambers of state legislatures must be apportioned by population.



Problems Facing States• Americans demand more and better

services from their state governments.

• State governments are finding it difficult to pay for these services.

• Many legislators refuse to vote to raise taxes because such a vote may reduce their chances for reelection.

• Also, the federal government has eliminated many grants.


(pages 289–290)(pages 289–290)

Problems Facing States (cont.)

• State legislators face a difficult choice: Should they cut programs at a time when crime, homelessness, and pollution are rising?

• Or, should they raise taxes and suffer the political consequences?


(pages 289–290)(pages 289–290)

Guide to Reading

Much like the president at the national level, governors act as the chief executives of their states and carry out the laws passed by their legislatures.

• line-item veto

Main Idea

Key Terms

• commute

• parole


• The governor is a state’s chief executive.

• In most states, the governor must be an American citizen, at least 30 years old, and a resident of the state for at least 5 years.

• Most governors have previous political experience.

• Many have had successful careers in law or business.

• Voters elect their governor directly.

• There is no state Electoral College.Click the mouse button or press the

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Office of Governor

(pages 292–294)(pages 292–294)

• A person running for governor must gain a nomination, usually by winning a party primary.

• Then the nominee runs in the general election.

• Most governors serve four-year terms.

• They can be removed from office by impeachment or, in several states, by a recall election initiated by voters.


Office of Governor (cont.)

(pages 292–294)(pages 292–294)

• In most states, governors and lieutenant governors run as a team.

• The lieutenant governor presides over the senate and moves up if the governor leaves office.



(pages 292–294)(pages 292–294)

• As chief executive, the governor is responsible for carrying out state laws.

• Governors appoint some top officials in the state bureaucracy, usually with senate approval.

• They usually prepare a budget and try to win its approval from the legislature.



(pages 292–294)(pages 292–294)

• Governors suggest new bills and lobby the legislature to pass them.

• Governors may veto bills. • While the president of the United States

may veto an entire bill only, governors may choose to veto only a specific part of a bill.

• This is the line-item veto.

• The legislature may override a veto with a two-thirds vote.



(pages 292–294)(pages 292–294)

• Governors may grant pardons to convicted criminals or commute (reduce) their sentences.

• Governors may also grant parole, an early release from prison, with restrictions.

• The governor is commander in chief of the state National Guard.

• Governors are the leaders of their political parties and serve as ceremonial leaders as well.



(pages 292–294)(pages 292–294)

• No longer are governors always white males.

• Women, Hispanic Americans, Asian Americans, and African Americans have served as governors.



(pages 292–294)(pages 292–294)

Executive Departments• Not every governor has a cabinet, but

every state has officials in charge of executive departments who advise the governor.

• Some are appointed and others are elected.


(pages 294–295)(pages 294–295)

Executive Departments (cont.)

• Usually a secretary of state manages elections and maintains the state’s records.

• An attorney general represents the state and advises government officials.

• A treasurer collects taxes and invests state funds.

• An auditor reviews the records.


(pages 294–295)(pages 294–295)

Executive Departments (cont.)

• Most states have a board of health that runs programs in disease prevention and health education.

• Most have departments of public works and highways that maintain roads, bridges, and public buildings.

• Most have a state welfare board.


(pages 294–295)(pages 294–295)

Guide to Reading

Most legal matters in a state are handled in a three-tiered state court system similar in structure to the federal judiciary.

• justice of the peace

Main Idea

Key Terms

• misdemeanor • magistrate court

• plaintiff • defendant

• felony


Lower State Courts• The state court system handles most of

the nation’s legal matters.

• State courts interpret and apply state and local laws.

• The state court system has three tiers: courts for minor violations and lawsuits, courts for serious crimes and large civil suits, and appeals courts.


(pages 297–298)(pages 297–298)

Lower State Courts (cont.)

• Many rural areas and small towns have a justice court, which handles less serious crimes called misdemeanors.

• Justice courts do not use juries.

• An elected justice of the peace hears and decides cases.

• Larger towns may have police courts or magistrate courts.

• These courts handle minor offenses and civil cases involving sums usually less than $1,000.


(pages 297–298)(pages 297–298)

Lower State Courts (cont.)

• Large cities have municipal courts, often divided into specialized areas such as traffic, juvenile, and small claims courts.

• In small claims courts, plaintiffs (people filing lawsuits) and defendants (people being sued) speak for themselves, without lawyers.


(pages 297–298)(pages 297–298)

Higher State Courts• The second tier of state courts deals with

felonies, or serious crimes, and civil cases involving large amounts of money.

• Defendants charged with felonies are tried in general trial courts, which maybe called district courts, county courts, common pleas courts, circuit courts, or superior courts.


(pages 298–299)(pages 298–299)

Higher State Courts (cont.)

• Juries hear felony cases.

• The judge makes sure the trial is conducted fairly.

• The judge also decides the penalty when a defendant is found guilty.


(pages 298–299)(pages 298–299)


• The third tier in most states is the appeals courts.

• A panel of judges decides the cases.

• If the judges feel the defendant did not get a fair trial, they can overturn the lower court’s decision.


(pages 298–299)(pages 298–299)


• The state supreme court reviews the decisions of appeals courts.

• It also interprets the state’s constitution and laws.

• Except for cases involving federal law or the U.S. Constitution, the decision of the state supreme court is final.


(pages 298–299)(pages 298–299)

Selection of Judges• Some state judges are elected by popular

vote; others are elected by the state legislature or appointed by the governor.

• Some states select judges through the Missouri Plan, which combines appointment and popular election.


(pages 299–300)(pages 299–300)

Selection of Judges (cont.)

• Critics argue that judges who must win election may be more concerned with pleasing voters than administering the law impartially.

• Also, voters may know little or nothing about the candidates.

• Others argue that popular election of judges ensures a government “of the people, by the people, and for the people.”


(pages 299–300)(pages 299–300)


• Judges usually have terms of 6 to 12 years.

• Longer terms are intended to make judges more independent of public opinion.


(pages 299–300)(pages 299–300)


• Judges may be removed by impeachment.

• Most states also have boards that investigate complaints about judges.

• The board can make a recommendation to the state supreme court, which may then suspend or remove a judge for wrongdoing.


(pages 299–300)(pages 299–300)

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