Federalism

Chapter 11, Section 1 A. 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.

B. National Powers 1. 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

2. Concurrent Powers a. Duties shared by both the national government and state governments b. Examples: 1. Levy and collect taxes 2. Establish courts 3. Make/Enforce laws 4. Take private property for public purposes, with just compensation

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 qualifications b. Public education c. Police powers (death penalty) d. Right to regulate commerce within a state (Intrastate)

3. State Constitutions a. The Northwest Ordinance of 1787 and Article IV of the Constitution b. 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.

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.

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 River Hurricane Katrina Forest Fires, floods, etc.

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

Journal What symbolism do you see in the cartoon?

I. Missouri State Government A. Structure 1. Same structure as the US Govt. a. Legislative b. Executive c. Judicial 2. Missouri sends 11 Congressmen to Washington D.C. a. 2 Senators b. 9 Representatives

B. Missouri Legislative Branch 1. Legislative Branch is known as the MO General Assembly 2. Bicameral a. Upper House: Senate b. Lower House: House of Representatives 3. Legislative Session: a. One per year, from January to mid-May b. Additional “special” sessions can be added

SENATE HOUSE

4. The Missouri Senate a. 34 total members b. Apportioned or elected from districts with equal populations (1 per 165,000 people) c. Qualifications 1. 30 years of age 2. Serve 4-year terms 3. Must be a qualified voter of their district for 1-year 4. Limited to 2-Four year terms (8 years) 5. Salary-$31,350

d. Leadership 1. Lieutenant Governor a. Presides over the Senate b. Votes in case of a tie c. Only elected official that is part of the Executive and Legislative Branches. 2. President pro tem a. Elected by the majority party in the Senate b. Assign committee bills and to rule on points of order 3. Majority/Minority party leaders 4. Committee Chairs -16 Committees in the Senate

Agriculture, Conservation, Parks & Natural Resources Appropriations Administration Agriculture, Conservation, Parks & Natural Resources Appropriations Commerce, Energy and the Environment Economic Development, Tourism & Local Government Education Financial, Governmental Organizations, and Elections Governmental Accountability & Fiscal Oversight Gubernatorial Appointments Health and Mental Health Judiciary and Civil & Criminal Jurisprudence Pensions, Veterans' Affairs and General Laws Rules, Joint Rules, Resolutions & Ethics Seniors, Families and Public Health Small Business, Insurance & Industrial Relations Transportation Ways and Means

5. MO House of Representatives a. 163 total members (1 per 31,000 people) b. Qualifications 1. 24 yrs. Old 2. Serve 2 year terms (max. of 4 terms) 3. Must be a qualified voter of their district for 2 years

MO House Districts – all 162 of them

c. Leadership 1. Speaker of the House a. Chosen by the majority party b. Appoint committee chairs and people to committees c. Assign bills to committees 2. Speaker pro tem --presides in the Speakers absence 3. Majority/Minority Floor leaders 4. Party Whip --Directs the support of party members for the party’s programs/bills

6. Reapportionment a. Def: the changing of election district lines to balance populations. b. Required every 10 years with the census (official count of the population)

7. The Steps of the Legislative Process a. Bill is introduced in either the House or Senate b. Assigned to a committee 1. Study the bill (research, etc) 2. Public Hearings: citizens allowed to speak 3. Executive Session: vote on the outcome of the bill

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 process e. Final Step=Governor signs the bill into law

Two Ways Missouri Laws Are Made Voters ELECT Representatives to the General Assembly and the Governor DIRECT VOTE by the PEOPLE initiative referendum

C. Missouri Executive Branch 1. Established by Article IV of the MO Constitution 2. Governor a. Qualifications 1. 30 yrs. Old 2. U.S. citizen for 15 yrs 3. MO resident for 10 yrs. b. Term length=4 years

Speaker Ron Richards Governor Jay Nixon

c. Basic Powers 1. Enforce laws passed by the General Assembly 2. Appoint officials *approval of the Senate *Executive staff *Boards and Commissions

Sign and veto bills 4. Commands MO National Guard 5. Grants pardons and reprieves a. Pardon=free from punishment b. Reprieve=delay punishment c. Commute=change punishment

3. Lieutenant Governor a. Qualifications (Same as Governor) b. Only elected official that is part of both the Executive and Legislative branches in Missouri c. Powers and duties 1. President of the Senate -votes in case of a tie 2. Replaces Governor in times of absence 3. Head of several Boards and Commissions 4. 4 year term, with no term limits

4. Secretary of State a. Qualifications: 1. MO resident for 1 year 2. Four year term b. Duties: “Information Place” 1. Responsible for: state documents, historic records, and state library 2. Chief Elections official 3. Keeper of the State Seal (validates official documents of the governor) 4. Protects consumers from business fraud 5. 269 Secretary of State office employees

State Seal

HOMEWORK FOR TODAY: Page 80 terms Page 107 questions #2, 3, 6, 8

5. State Auditor a. Qualifications (same as Governor) b. Duties 1. Responsible for inspecting the finances of all state agencies 2. Makes sure the MO govt. uses its citizens’ tax dollars responsibly

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 terms 7. Attorney General a. Lawyer of the State of MO b. Must be an attorney and live in Jefferson City while in office c. Gives legal advice to state officials

Attorney General Chris Koster State Treasurer Clint Zweifel

Missouri’s Executive Branch Missouri Executive Branch Elective Offices Missouri’s Executive Branch Voters Attorney General Governor Lieutenant Governor Treasurer Auditor Secretary of State

Judicial Branch of Missouri 1. Established by Article V of the MO Constitution 2. Three levels of courts: Missouri Supreme Court Missouri Appeals Courts Missouri Circuit Courts

3. Qualifications: a. All judges must be licensed to practice law in Missouri b. Required to retire at age 70. 4. Circuit Court a. Trial level (lowest level) b. 45 Judicial Circuits (districts) based along county lines c. Circuit courts handle civil and criminal trials.

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 age b. 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

2. Associate circuit judges a. 25 years of age b. voter of Missouri c. resident of the county. d. Four-year terms. f. Boonville: Judicial Circuit 18

5. Appeals Courts a. Three appeals court districts in Missouri: 1. St. Louis (eastern district) 2. Kansas City (western district) 3. Springfield (southern district) b. Qualifications 1. 30 years old 2. Residents of their district 3. U.S. citizens for at least 15 years 4. Missouri voters for nine years

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.

Homework for Today: Pg. 134 terms Pg. 161 Questions 1, 3, and 5

6. Supreme Court of Missouri a. Types of Cases: 1. appealed from the courts of appeals 2. involving the death penalty 3. a U.S. treaty or statute 4. the Missouri Constitution b. There are seven judges on the Supreme Court c. Qualifications: same qualifications and terms as appeals court judges d. The chief justice position is rotated between members every two years. e. Serve 12 year terms

e. How does the Supreme Court decide cases? 1. Lawyers give the Court a written copy of the trial court proceedings 2. 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 Court 4. The Court considers these briefs and arguments in researching and deciding the cases.

III. The Missouri Plan A. Missouri’s method of selecting judges for the Supreme Court and Appeals courts. 1. Adopted in 1940 b/c of voter backlash against abuse 2. Attempt to take politics out of the selection of judges B. The plan provides for the selection of judges based on merit rather than political party.

C. Operation of the Plan 1. A judicial commission: a. reviews applications b. interviews candidates c. selects a judicial panel 2. The Judicial Panel: a. Chief Justice of MO Supreme Court b. Three lawyers elected by the Missouri Bar (organization of all MO lawyers) c. Three citizens chosen by the governor

3. Decision Time a. The panel selects the 3 best applicants b. Then submits that group to the governor c. The governor has 60 days to appoint one of the three to the fill the vacancy 4. Voters have a say a. 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.

IV. Missouri Constitution A. History 1. Four Constitution in MO history a. 1st adopted in 1820 b. 2nd adopted at the end of the Civil War in 1865 c. 2nd ruled unconstitutional and next was adopted in 1875 d. Current constitution adopted in 1945

2. Article One: Bill of Rights --Lists basic rights of all Missourians B. Structure 1. Preamble We 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 Missourians 3. Article Two: Distribution of Powers --Creation of three branches of MO govt.

Missouri Government

4. Article Three: Legislative Department 5. Article Four: Executive Department 6. Article Five: Judicial Department 7. Article Six: Local Government 8. 14 total Articles