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CHAPTER SUMMARY

State Government
The Constitution reserves certain powers for state governments, which exercise those powers in
different ways.

Section 1 Summary
In this section you will learn about how the powers of the state and federal governments are
separate yet encourage cooperation.

Section 1: The States


The U.S. Constitution intended to create a unified country from the 13 original states without
giving too much power to the central federal government. Some powers, called the delegated
powers, were given to the federal government. Others, called the reserved powers, were
promised to the state governments. Per the Tenth Amendment, in the Bill of Rights, any power
not given to the federal government belongs to the statesand to the people.
State governments provide for the health, safety, and welfare of their citizens. Each state also
sets rules for things such as marriage, transportation, and education. Even so, state laws must
still meet the standards set by the Constitution and the federal government. State governments
also conduct elections. Local governments, such as cities, towns, and districts, receive many of
their powers from the state level.
State governments and the federal government also share some powers, called concurrent
powers. For example, both types of government have the power to tax citizens. The federal
government relies on income taxes to fund various services. State governments rely on income
taxes as well as sales taxes and property taxes. State and federal governments also share
powers to establish courts and to make and enforce laws.
Each of the 50 states has a constitution that lists the rules and guidelines for that states
government. This document may set forth the basic principles and beliefs of that state in a
preamble. It may also contain a bill of rights that lists the rights shared by all citizens of that state.
Some parts of the constitution, such as the provisions for elections and managing state affairs,
may differ from one state to another.
The full faith and credit clause of the U.S. Constitution requires all states to work together and to
respect one anothers official decisions and records. This pertains to such documents as birth
certificates, marriage certificates, wills, and contracts. States also often work together on law
enforcement matters. For example, one state may capture someone who committed a crime in
another state and send that person back for trial. This process is called extradition.
Sometimes state governments work together on projects, particularly those that affect large
areas, such as highways and pipelines. States may also need assistance from both other states
and the federal government, especially when disaster strikes, as Americans experienced in the
aftermath of Hurricane Katrina in 2005. The U.S. Constitution helps the federal and state
governments preserve their separate powers, but it also encourages them to cooperate.

Section 2 Summary
In this section you will learn about the structure and functions of state governments.

Section 2: State Legislatures


Even though citizens in each state elect lawmakers, or legislators, to represent them in state
government, not all state legislatures look the same. All but one state have bicameral, or twohouse, legislatures. Only Nebraska has a unicameral legislature; there, the Senate is the only
house. State legislatures vary in size from state to state as well. Even so, each state makes sure
that its system ensures balanced representation for the citizens. This is accomplished by setting
up legislative districts that are nearly equal in population.
Different states have different requirements for legislators, such as age, citizenship, and
residence. The states have also set different term lengths for their elected representatives. In
most instances, these fall between two and four years. Twenty-three states have also passed
term limits, which means that legislators cannot hold office beyond a set number of years.
The salaries and benefits of state legislators vary from state to state. Each state sets its own
calendar for sessions, with presiding officers most often chosen by the members of the house in
question. These officers then take charge of committee membership.
The way in which state governments pass laws closely resembles the federal governments
process. First, a member of either house introduces a bill, or proposed law. Next, the bill may go
into committee for discussion and/or amendment. After that, legislators debate and vote on the
bill and, if it is approved, send it on to the second house for review and a vote. If the bill changes
as it goes through this process in the second house, a joint conference committee might create a
compromise version of the bill. This committee includes members of both houses.
If both houses approve this new version of the bill, they send it on to the governor, who may veto
or sign it. If it is signed, the bill becomes law. Most governors have an interesting power that the
country's chief executive, the president, does not: the item veto, which allows him or her to veto
only part of a spending bill.
Legislators need to work closely with their constituents, or the citizens they represent. Many
citizens contact their legislators directly to express their opinions. Legislators may help their
constituents to write and submit their own legislation. In some states, citizens can bypass
legislators entirely and create petitions to place a proposition on a ballot. This process is called
the initiative. If enough people vote in favor of the proposition, it then becomes law. Citizens in
many states may also vote on a referendum. This is a type of bill that must be approved by voters
after it has passed the legislature and before it can become a law. Some states may also allow
voters to create a petition to recall, or remove, an elected official from office.

Section 3 Summary
In this section you will learn about the work of the executive branch of the state government.

Section 3: The State Executive Branch


The chief executive of each states government is called the governor. He or she works to make
sure that the state government functions effectively to meet the needs of that states citizens. The
qualifications, term of office, and salary for governors differ from state to state. Most states
governors must be at least 30 years old and serve for four-year terms.
As the states chief executive, the governor has a number of powerful duties and responsibilities.
In most states, he or she prepares the state budget and sets priorities for how the states money
will be spent. The governor also appoints other executives to help carry out the laws of the state
in particular areas, such as agriculture, justice, and transportation. In most states, the governor
also supervises the employees in various state agencies. Quite often, governors fill positions

through patronage, a system that favors members of the governors political party. He or she may
do this to reward people who helped a great deal during an election campaign.
The governors second role is chief legislator. This means that he or she can influence the types
of bills that the state legislature will consider for that session. The governor may submit his or her
own bills or argue in favor of certain priorities in a state of the state address to the legislature.
As the most powerful elected official in the state, the governor also serves as the head of his or
her political party. He or she oversees the state police and state militia departments and responds
quickly and effectively to state emergencies.
Other executive officials at the state level, who can be elected or appointed, include the lieutenant
governor. This person works closely with the governor and takes the governors place if he or she
leaves office. The secretary of state manages the states records and oversees elections. The
attorney general makes sure that the state handles its legal matters effectively. The state
treasurer handles all state funds and might also be responsible for collecting taxes and paying the
states bills. The state auditor, sometimes called the comptroller, makes sure that the states
financial transactions and accounts are correct. The superintendent of public instruction,
sometimes called the state commissioner of education, maintains school standards and helps
local school systems carry out their educational mission, often by distributing state funds.

Section 4 Summary
In this section you will learn how the state court system applies and enforces the laws of the
states.

Section 4: State Courts


Just as the federal courts deal with people who break the laws of our country, state courts apply
and enforce the laws of the individual states. The set of criminal laws of a state is called the penal
code. State attorneys prosecute people who break these laws in court. State courts also make
decisions on cases of civil law, in which they settle a dispute between two parties.
The state court system mirrors the three levels of the federal court system. Trial courts hear
cases for the first time. In large cities, there may be many different kinds of trial courts, from traffic
courts to small-claims courts. A smaller community may rely on a justice of the peace to decide
cases. Most major criminal and civil court cases involve a judge and jury.
The second level of the state court system is the court of appeals. These cases have already
been before a trial court, but one of the parties feels that the process was not handled fairly.
Appeals court judges listen to both sides of the case and decide whether justice was served fairly
and properly.
The state supreme court occupies the highest level of the state court system. These judges look
at decisions made in appeals cases and determine whether they uphold the principles of the state
constitution.
In some states, citizens regularly elect judges at various levels of the court system. This risks a
situation in which judges are elected based on how well they please voters, not necessarily how
well they uphold the law. In other states, the governor appoints supreme court judges. Some
people worry that party politics may play too strong a role in this process. As a kind of
compromise in some states, the Missouri Plan is a selection process in which a committee of
judges, lawyers, and citizens prepares a list of qualified judges. The governor then appoints a
judge from this list. Citizens vote to approve that judge in the next election. Elected judges' terms
vary in length from state to state.

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