2 Chapter 11, Section 1A. Basis for Federalism:1. Compromise between those who wanted a strong central govt. and those who wanted to protect state rights.(Name those two groups ….)2. Framers (writers of the Constitution) left many details of federalism to be worked out in the future.3. However, the framers carefully defined the powers of state and national governments.
4 B. National Powers1. Enumerated: (also known as expressed or delegated)a. Powers are granted to, and exercised ONLY by the national government.b. The delegated powers are specifically listed in the U.S. Constitution Articles I, II, III
5 2. Concurrent Powersa. Duties shared by both the national government and state governmentsb. Examples:1. Levy and collect taxes2. Establish courts3. Make/Enforce laws4. Take private property for public purposes, with just compensation
7 C. Reserved Powers 1. Powers given to the States by the 10th Amendment "The power not delegated to the United States by the Constitution., not prohibited to it by the States, are reserved to the States or to the people."2. Examples:a. Voting qualificationsb. Public educationc. Police powers (death penalty)d. Right to regulate commerce within a state (Intrastate)
10 3. State Constitutionsa. The Northwest Ordinance of 1787 and Article IV of the Constitutionb. Potential state’s must write a constitution that must be approved by Congress.c. Federal constitution contains about 3,500 words; Missouri’s constitution contains roughly 40,000.
11 4. Federalism in Action a. Power to the States: 1. States can fit programs to the specific needs of their states.2. Allows Federal government to focus on major responsibilities.
12 b. Power to the National Government: 1. The opportunities in different states are not always equal.2. Problems may be too large for some states to solve.3. Some problems include more than one state.Controlling the flow of the Missouri RiverHurricane KatrinaForest Fires, floods, etc.
13 c. Article VI of the U. S. Const c. Article VI of the U.S. Const. makes it clear that whenever state and federal laws conflict, the federal law is supreme.d. Supremacy Clause:--Constitutional requirement that federal law prevails over state law
14 Journal What symbolism do you see in the cartoon?
15 I. Missouri State Government A. Structure1. Same structure as the US Govt.a. Legislativeb. Executivec. Judicial2. Missouri sends 11 Congressmen to Washington D.C.a. 2 Senatorsb. 9 Representatives
17 B. Missouri Legislative Branch 1. Legislative Branch is known as the MO General Assembly2. Bicamerala. Upper House: Senateb. Lower House: House of Representatives3. Legislative Session:a. One per year, from January to mid-Mayb. Additional “special” sessions can be added
20 4. The Missouri Senate a. 34 total members b. Apportioned or elected from districts with equal populations (1 per 165,000 people)c. Qualifications1. 30 years of age2. Serve 4-year terms3. Must be a qualified voter of their district for 1-year4. Limited to 2-Four year terms (8 years)5. Salary-$31,350
22 d. Leadership1. Lieutenant Governora. Presides over the Senateb. Votes in case of a tiec. Only elected official that is part of the Executive and Legislative Branches.2. President pro tema. Elected by the majority party in theSenateb. Assign committee bills and to rule onpoints of order3. Majority/Minority party leaders4. Committee Chairs-16 Committees in the Senate
24 Agriculture, Conservation, Parks & Natural Resources Appropriations AdministrationAgriculture, Conservation, Parks & Natural ResourcesAppropriationsCommerce, Energy and the EnvironmentEconomic Development, Tourism & Local GovernmentEducationFinancial, Governmental Organizations, and ElectionsGovernmental Accountability & Fiscal OversightGubernatorial AppointmentsHealth and Mental HealthJudiciary and Civil & Criminal JurisprudencePensions, Veterans' Affairs and General LawsRules, Joint Rules, Resolutions & EthicsSeniors, Families and Public HealthSmall Business, Insurance & Industrial RelationsTransportationWays and Means
25 5. MO House of Representatives a. 163 total members (1 per 31,000 people)b. Qualifications1. 24 yrs. Old2. Serve 2 year terms (max. of 4 terms)3. Must be a qualified voter of their district for 2 years
27 c. Leadership1. Speaker of the Housea. Chosen by the majority partyb. Appoint committee chairs and people to committeesc. Assign bills to committees2. Speaker pro tem--presides in the Speakers absence3. Majority/Minority Floor leaders4. Party Whip--Directs the support of party members for the party’s programs/bills
29 6. Reapportionmenta. Def: the changing of election district lines to balance populations.b. Required every 10 years with the census (official count of the population)
30 7. The Steps of the Legislative Process a. Bill is introduced in either the House or Senateb. Assigned to a committee1. Study the bill (research, etc)2. Public Hearings: citizens allowed to speak3. Executive Session: vote on the outcome of the bill
31 c. If passed, sent to the floor to be voted on by all of the House/Senate (changes can be made) d. If passed in the House, bill is sent to the Senate and it goes through the same processe. Final Step=Governor signs the bill into law
36 c. Basic Powers1. Enforce laws passed by the General Assembly2. Appoint officials*approval of the Senate*Executive staff*Boards and Commissions
37 Sign and veto bills4. Commands MO National Guard5. Grants pardons and reprievesa. Pardon=free from punishmentb. Reprieve=delay punishmentc. Commute=change punishment
38 3. Lieutenant Governor a. Qualifications (Same as Governor) b. Only elected official that is part of both the Executive and Legislative branches in Missouric. Powers and duties1. President of the Senate-votes in case of a tie2. Replaces Governor in times of absence3. Head of several Boards and Commissions4. 4 year term, with no term limits
39 4. Secretary of State a. Qualifications: 1. MO resident for 1 year 2. Four year termb. Duties: “Information Place”1. Responsible for: state documents, historic records, and state library2. Chief Elections official3. Keeper of the State Seal (validates official documents of the governor)4. Protects consumers from business fraudSecretary of State office employees
42 5. State Auditor a. Qualifications (same as Governor) b. Duties 1. Responsible for inspecting the finances of all state agencies2. Makes sure the MO govt. uses its citizens’ tax dollars responsibly
43 6. State Treasurer 7. Attorney General a. Qualifications (same as Sec. of State)b. Manages and invests the state's money($17 billion in annual revenue)c. Limited to two terms7. Attorney Generala. Lawyer of the State of MOb. Must be an attorney and live in Jefferson City while in officec. Gives legal advice to state officials
44 Attorney General Chris Koster State TreasurerClint Zweifel
49 3. Qualifications:a. All judges must be licensed to practice law in Missourib. Required to retire at age 70.4. Circuit Courta. Trial level (lowest level)b. 45 Judicial Circuits (districts) based along county linesc. Circuit courts handle civil and criminal trials.
50 d. Every circuit contains at least one circuit judge and at least one associate circuit judge for each county within the circuit.e. Qualifications:1. Circuit judges:a. 30 years of ageb. US Citizen for 10 yrs.c. MO voter for 3 yrs.d. a resident of the circuit at least one yr.e. Circuit judges have six-year terms
51 2. Associate circuit judges a. 25 years of ageb. voter of Missouric. resident of the county.d. Four-year terms.f. Boonville: Judicial Circuit 18
54 5. Appeals Courtsa. Three appeals court districts in Missouri:1. St. Louis (eastern district)2. Kansas City (western district)3. Springfield (southern district)b. Qualifications1. 30 years old2. Residents of their district3. U.S. citizens for at least 15 years4. Missouri voters for nine years
55 c. Hear cases from lower courts whose decisions have been appealed and are not reserved exclusively for the Missouri Supreme Court.d. Appellate judges are appointed initially and then retained by a favorable vote of the people every 12 years.
57 Homework for Today:Pg. 134 termsPg Questions 1, 3, and 5
58 6. Supreme Court of Missouri a. Types of Cases:1. appealed from the courts of appeals2. involving the death penalty3. a U.S. treaty or statute4. the Missouri Constitutionb. There are seven judges on the Supreme Courtc. Qualifications: same qualifications and terms as appeals court judgesd. The chief justice position is rotated between members every two years.e. Serve 12 year terms
59 e. How does the Supreme Court decide cases? 1. Lawyers give the Court a written copy of the trial court proceedings2. Then they write lengthy, detailed documents (called "briefs“) arguing their points and providing legal support for them.3. Next, the attorneys typically argue the merits of their cases orally before the Supreme Court4. The Court considers these briefs and arguments in researching and deciding the cases.
62 III. The Missouri PlanA. Missouri’s method of selecting judges for the Supreme Court and Appeals courts.1. Adopted in 1940 b/c of voter backlash against abuse2. Attempt to take politics out of the selection of judgesB. The plan provides for the selection of judges based on merit rather than political party.
63 C. Operation of the Plan1. A judicial commission:a. reviews applicationsb. interviews candidatesc. selects a judicial panel2. The Judicial Panel:a. Chief Justice of MO Supreme Courtb. Three lawyers elected by the Missouri Bar (organization of all MO lawyers)c. Three citizens chosen by the governor
64 3. Decision Timea. The panel selects the 3 best applicantsb. Then submits that group to the governorc. The governor has 60 days to appoint one of the three to the fill the vacancy4. Voters have a saya. After 1 year, the voters decide on whether or not the judge will be retained or kept.b. Name appears on the general election ballot.c. Judicial Evaluation Survey: lawyers rate judges on performance.
65 IV. Missouri Constitution A. History1. Four Constitution in MO historya. 1st adopted in 1820b. 2nd adopted at the end of the Civil War in 1865c. 2nd ruled unconstitutional and next was adopted in 1875d. Current constitution adopted in 1945
66 2. Article One: Bill of Rights --Lists basic rights of all Missourians B. Structure1. PreambleWe the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this constitution for the better government of the state.2. Article One: Bill of Rights--Lists basic rights of all Missourians3. Article Two: Distribution of Powers--Creation of three branches of MO govt.