Chapter 23Structure and Function of State

Government

Chapter 23Section 1State Constitutions

State constitutions create the structure of state governments.

State constitutions establish local governments, such as counties, townships, municipalities, special districts, parishes, and boroughs.

Importance of Constitutions

State constitutions regulate how state and local governments can raise and spend money.

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

Importance of Constitutions

Bill of Rights◦ All state constitutions have a bill of rights, with

most of the protections as in the Bill of Rights in the Constitution of the United States.

◦ Many states also guarantee other rights.

Length◦ Many state constitutions have become long

documents as a result of additions made over the years.

Constitutional Characteristics

Detail◦ Long state constitutions are filled with detailed,

specific provisions, often reflecting special interest politics.

Constitutional Characteristics

Some state constitutions have a great number of amendments.

Constitutions of the 50 states provide four different methods of proposing amendments.◦ State Legislatures◦ Initiative◦ Constitutional Convention◦ Constitutional Commission

Amendments and Changes

State Legislatures◦ The most common method of proposing

amendments is by the state legislatures.◦ The actual practice of proposing a legislative

amendment varies somewhat from state to state.

Popular Initiative◦ Eighteen states allow the people to propose

amendments by popular initiative.◦ An individual or group will write a proposed

amendment and people in favor will sign it as part of a petition to the state government.

Amendments and Changes

Constitutional Convention◦ Some states allow a state constitutional convention to

propose amendments.◦ A gathering of citizens, usually elected by popular

vote, meets to consider changing or replacing a Constitution.

Constitutional Commission◦ Some states use a constitutional commission to

propose amendments.◦ Constitutional Commission: group of experts appointed

to study the state constitution and recommend changes

Amendments and Changes

Method of Ratification◦ All states except Delaware require ratification of

amendments by popular vote.

◦ Most require a simple majority vote.

◦ When voters rather than the legislature vote on an issue, it is called a referendum.

Amendments and Changes

Over the years, critics have charged that state constitutions are too long and filled with needless detail.

In order to replace existing state constitutions, most states require a constitutional convention.

Criticisms and Reform

In most states, the legislature proposes the convention, which the voters must approve.

Then voters, in a new election, choose delegates to write a new document or propose changes to the existing constitution.

During the 1980s, more state judges began to interpret state constitutions independently of the Constitution of the United States.

Criticisms and Reform

Chapter 23Section 2

The Three Branches

The state legislature passes laws.

Members of state legislatures are elected from legislative districts.

Qualifications for members are outlined in state constitutions.

The Legislative Branch

Many state legislators work part-time in other fields.

Most state legislatures: ◦ 1) are bicameral, ◦ 2) hold annual sessions, and◦ 3) conduct business through committees.

The Legislative Branch

Many bills originate in the executive branch of state government.

A bill begins in either house of the state legislature and is debated and voted on.

The governor vetoes or signs passed bills.

The Legislative Branch

The governor heads the executive branch of the state government.

State constitutions outline qualifications of the governor.

A governor generally must be nominated by a major political party and win the general election.

The Executive Branch

Most governors serve four-year terms.

In 18 states, governors and other officials can be removed from office by a recall.◦ Recall: the process of allowing the people to vote

to remove state officials

The governor proposes and signs laws, represents the state to foreign businesses, is his or her party’s state leader, and works to obtain federal grants.

The Executive Branch

Most governors prepare the state budget and are commander in chief of the state National Guard.

Since 1965, most states have given governors greater executive power.

The Executive Branch

Governors: ◦ 1) supervise the executive branch of the state

government, ◦ 2) propose legislation, ◦ 3) veto bills, ◦ 4) call special sessions of the state legislature, and ◦ 5) have limited power over the state court system.

Most states elect other members of the executive branch.

The Executive Branch

State courts interpret and apply state and local laws to civil and criminal cases.

The justice court performs marriages and handles minor civil and criminal cases.

The Judicial Branch

Municipal courts, police courts, or magistrate courts handle cases of petty crime or property disputes.

Other minor courts include small claims court, juvenile court, domestic relations court, traffic court, and probate court.

The Judicial Branch

State general trial courts hear cases involving serious crimes.

State appeals courts review cases of lower courts.

A state supreme court is the court of final appeal.

Judges may be removed from office.

The Judicial Branch

Chapter 23Section 3

State Government Policy

Business corporations must have a charter issued by a state government.

Federal and state governments regulate giant corporations.

States have laws to protect consumers from unfair practices and to protect the health and safety of workers.

State Regulation of Business

State governments provide workers’ compensation.

Workers in all states have the right to belong to labor unions.

State governments try to attract new business and industry.

State Regulation of Business

States’ concerns for economic growth sometimes clash with public concern for the environment.

In 1989 Congress strengthened the states’ power to protect the environment.

State governments have begun to monitor the environmental impact of major projects.

States and the Environment

State and local governments are responsible for protecting life and property, and for establishing a criminal code and a system of punishment.

State police forces have investigative powers in many states, but they have broad responsibilities in a few states.

Protecting Life and Property

State courts handle the majority of all criminal cases in the United States.

In strained state justice systems, many states are giving judges more sentencing options.

Protecting Life and Property

State governments provide about 45 percent of revenues for local public schools.

State spending for education generally has increased.

The state licenses doctors and dentists, regulates the sale of medicines, and requires vaccinations for schoolchildren.

Providing for Education, Health, and Welfare

State agencies provide programs of public welfare, health and human services.

With federal assistance, states help people with special needs.

With Medicaid assistance, states help low-income people pay medical bills.

Providing for Education, Health, and Welfare

Chapter 23Section 4

Financing State Government

Individual state constitutions limit state taxing powers, as does the Constitution of the United States.

Today, most state governments have some type of sales tax, which accounts for about half of the total tax revenue of state governments.

Tax Revenue

Most states now also have individual income taxes and corporate income taxes, which account for more than 30 percent of all state tax revenues.

States require license fees for various businesses and professions, as well as for operating motor vehicles.

Tax Revenue

States impose taxes for removing natural resources from state land or water.

Many states also have less well-known taxes, such as a state property tax, estate taxes, and inheritance taxes.

Tax Revenue

Since taxes finance only a part of state government expenses, states turn to borrowing, lotteries, and the federal government.

States borrow money by selling bonds to pay for large, long-term expenditures such as highway construction.

Other Sources of Revenue

Nearly three-fourths of the states run public lotteries to raise revenue.

Lotteries became the fastest-growing source of state revenues in the 1980s.

Other Sources of Revenue

The federal government provides about 20 percent of all state revenues, much in the form of grants-in-aid, and stipulates how the grants may be used.

Categorical-formula grants go to states on different bases, depending on the state’s wealth.

Other Sources of Revenue

During the 1980s and 1990s, the federal government’s share of state and local government revenues declined.

Unfunded, federally-mandated programs increased until Congress passed the Unfunded Mandate Reform Act (UMRA) to curb unfunded mandates in 1995.

Other Sources of Revenue