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1 conduct elections, make laws concerning education, marriage, health, traffic, safety, and
welfare, and grant powers to local government regulate trade between states, print money, conduct foreign policy, set up a postal service, maintain an army and navy establish court systems, taxation, borrow and spend money, make and enforce laws

2 Chapter 8 State Government
American Civics Chapter 8 State Government Section 1: The States Section 2: State Legislatures Section 3: The State Executive Branch Section 4: State Courts

3 Section 1: The States The Main Idea
American Civics Section 1: The States The Main Idea In the United States, all 50 independent states fit together to form one country. The federal system allows state governments to serve the needs of the their citizens while cooperating as a united country. Reading Focus What powers do state governments have? How do states work together with other states and with the national government in our federal system? Reserved powers are distinguished from concurrent powers (which are shared by the federal and constituent governments). Reserved powers are also distinguished from exclusively delegated powers, such as the exclusive federal powers in the United States.

4 Powers Reserved to the States
American Civics Delegated Powers- Powers given to the federal government Section 1: The States Reserved Powers Powers Reserved to the States Election oversight Education Police protection Public building programs Health and safety Highways Marriage & Divorce The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In other words, states have all powers not granted to the federal government by the Constitution. These powers have taken many different forms. States must take responsibility for areas such as: ownership of property education of inhabitants implementation of welfare and other benefits programs and distribution of aid protecting people from local threats maintaining a justice system setting up local governments such as counties and municipalities maintaining state highways and setting up the means of administrating local roads regulation of industry raising funds to support their activities n many areas, states have a large role but also share administrative responsibility with local and federal governments. Highways, for example, are divided amongst the three different levels. Most states classify roads into primary, secondary, and local levels. This system determines whether the state, county, or local governments, respectively, must pay for and maintain roads. Many states have departments of transportation, which oversee and administer intrastate transportation. U.S. highways and the interstate system are administered by the national government through the U.S. Department of Transportation. Concurrent powers, like taxation, are exercised by both state and federal governments.

5 Powers Reserved to the States
American Civics Powers Reserved to the States Reserved Powers Provides the basis for many of the state powers Tenth Amendment says any power not delegated to the federal government belongs to the people and the states. allow state governments to establish rules for the health, safety, and welfare of the citizens of their states The Constitution requires that state laws meet appropriate federal standards and adhere to Supreme Court rulings Or prohibited by the Constitution State Constitutions The Basics Each state has its own constitution which it uses as the basis for laws. All state governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all states uphold a "republican form" of government, although the three­-branch structure is not required. Therefore, in basic structure state constitutions much resemble the U.S.Constitution. They contain a preamble, a bill of rights, articles that describe separation of powers between the executive, legislative and judicial branches, and a framework for setting up local governments. Length and Specificity State constitutions also tend to be significantly more lengthy than the U.S. Constitution. State constitutions can contain as many as 174,000 words (Alabama), and have as many as 513 amendments attached (also Alabama). Much of this length is devoted to issues or areas of interest that are outdated. Oklahoma's constitution, for example, contains provisions that describe the correct temperature to test kerosene and oil. California has sections that describe everything that may be deemed tax-exempt, including specific organizations and fruit and nut trees under four years of age.

6 Powers Reserved to the States
state governments have control over all governments within their boundaries Local governments receive their powers from the states

7 Concurrent Powers shared powers Taxation making and enforcing laws
American Civics Concurrent Powers shared powers Taxation sales taxes, income taxes, and property taxes pays for state services such as education, highways, and health and safety programs making and enforcing laws state and local court systems borrow and spend money Concurrent powers are powers in nations with a federal system of government that are shared by both the State and the federal government. They may be exercised simultaneously within the same territory and in relation to the same body of citizens. They are contrasted with reserved powers. Examples of the concurrent powers enjoyed by both the federal and State governments are: the power to tax, build roads, establish bankruptcy laws, and to create lower courts Alexander Hamilton, one of the founding fathers of the United States, implied in the Federalist Papers that it was important for the states to maintain their autonomy, and concurrent powers could help them do so. Concurrent powers are brought into existence because the federal government and the states have needs to fulfill, which are similar to one another, such as maintaining peace and order, and economic development. Legally, concurrent powers are defined as "political powers that are independently exercisable by both federal and state governments in the same field of legislation." These powers are assigned by the Constitution to the federal government, as also to the states. Concurrent powers may be employed simultaneously by both levels of government in the same territorial area, and on the same set of the population. If a power is classed as a concurrent power, it cannot be held exclusive by either the federal government or the state governments. Each has the equal right to utilize it for the benefit of the population, which the other has to respect. This means that the federal government cannot bar any state from exercising a concurrent power.

8 conduct elections, make laws concerning education, marriage, health, traffic, safety, and
welfare, and grant powers to local government regulate trade between states, print money, conduct foreign policy, set up a postal service, maintain an army and navy establish court systems, taxation, borrow and spend money, make and enforce laws

9 Beginning of State Constitutions
American Civics Section 1: The States State Constitutions Beginning of State Constitutions Preamble—states the ideals of the government Bill of rights—list of rights guaranteed to citizens Outline of government organization—duties of the government’s branches are spelled out Provisions for elections Provisions for managing state affairs, such as education, law and order, highways, and taxation Methods of amending the state’s constitution and list of approved amendments In the United States, each state has its own constitution. Usually, they are longer than the 8,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently 8,295 words long. The longest is Alabama's sixth and current constitution, ratified in 1901, at 357,157 words long. The Tenth Amendment to the United States Constitution, part of the Bill of Rights, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted.

10 conduct elections establish and maintain schools provide health, safety, and welfare establish and enforce marriage, traffic, and driving laws control over local governments Tenth Amendment

11 an outline of the organization of the state’s government
American Civics taxation establish courts borrow and spend money make and enforce laws concurrent a preamble a bill of rights an outline of the organization of the state’s government Often modeled after the federal Constitution, they outline the structure of the state government and typically establish a bill of rights, an executive branch headed by a governor (and often one or more other officials, such as a lieutenant governor and state attorney general), a state legislature, and state courts, including a state supreme court (a few states have two high courts, one for civil cases, the other for criminal cases). Additionally, many other provisions may be included. Many state constitutions, unlike the federal constitution, also begin with an invocation of God. Many states have had several constitutions over the course of its history. The current Constitution of the Commonwealth of Pennsylvania, most recently revised in 1968, forms the law for the United States Commonwealth of Pennsylvania. Although considered a new document, it is heavily based on the previous Constitution of 1874, and is often considered a revision of the earlier version. Pennsylvania has had five constitutions during its statehood:[1] 1776, 1790, 1838, 1874, and 1968 Preamble of PA-- WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution. election provisions state affairs provisions methods of amending the state constitution

12 Section 1: The States The Main Idea
American Civics Section 1: The States The Main Idea In the United States, all 50 independent states fit together to form one country. The federal system allows state governments to serve the needs of the their citizens while cooperating as a united country. Reading Focus What powers do state governments have? How do states work together with other states and with the national government in our federal system? Legally, concurrent powers are defined as "political powers that are independently exercisable by both federal and state governments in the same field of legislation." These powers are assigned by the Constitution to the federal government, as also to the states. Concurrent powers may be employed simultaneously by both levels of government in the same territorial area, and on the same set of the population. If a power is classed as a concurrent power, it cannot be held exclusive by either the federal government or the state governments. Each has the equal right to utilize it for the benefit of the population, which the other has to respect. This means that the federal government cannot bar any state from exercising a concurrent power.

13 Our Federal System Section 1: The States
American Civics Section 1: The States Our Federal System The full faith and credit clause of the U.S. Constitution ensures states will respect court decisions of other states. Fugitives from one state are subject to extradition if found in another state. States work together to reduce pollution and maintain mutual public interests. "Full Faith and Credit Clause", addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state The Full Faith and Credit Clause ensures that judicial decisions rendered by the courts in one state are recognized and honored in every other state. It also prevents parties from moving to another state to escape enforcement of a judgment or to relitigate a controversy already decided elsewhere, a practice known as forum shopping. the Framers of the Constitution were motivated by a desire to unify their new country while preserving the autonomy of the states. To that end, they sought to guarantee that judgments rendered by the courts of one state would not be ignored by the courts of other states. In response to the Baehr case, Congress in 1996 passed the Defense of Marriage Act (110 Stat. § 2419), which defines marriage as a union of a man and a woman for federal purposes and expressly grants states the right to refuse to recognize a same-sex marriage performed in another state. Process of returning a fugitive to another state.

14 Our Federal System Section 1: The States
American Civics Section 1: The States Our Federal System Share the costs of providing a wide range of social services to the American people cooperate in times of crisis-- severe natural disaster Governments work together to conserve resources, assist the unemployed, build highways, and offer job training. Cooperative federalism (1930s-1970s) is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (such as the dual federalism of the 19th century United States) or clashing over a policy in a system dominated by the national government. Federalism is when multiple governments exercise power and authority over the same people and the same territory. Federal & State

15 full faith and credit clause
American Civics full faith and credit clause extradition

16 Powers Reserved for the States
SECTION 1 Question: What types of powers are reserved for the states? Powers Reserved for the States State concurrent Federal

17 Section 2: State Legislatures
The Main Idea The process of passing state laws is similar to the process used in the U.S. Congress. In some states, citizens can take a direct role in making the state's laws. Reading Focus How are state legislatures organized to equally represent the citizens of the their state? How are state laws passed? How do citizens participate in making state laws?

18 Smaller version of Congress
American Civics State Legislatures Smaller version of Congress Every state has a law making body Bicameral legislatures- 2 houses Unicameral legislature- 1 house Only Nebraska- Senate vary greatly in size Alaska has the smallest legislature, with 40 representatives and 20 senators. New Hampshire’s legislature is the largest in the United States. It has 400 representatives and 24 senators

19 Populations in state election districts:
Section 2: State Legislatures Populations in state election districts: 1964—Reynolds v. Sims: all state election districts must be as equal as possible Equally populated districts ensure the principle of “one person, one vote.”

20 American Civics Section 2: State Legislatures Many states require similar qualifications and terms of office for state legislators: Must be U.S. citizens and residents of the district they represent Senators must be at least 25 years of age, and representatives must be at least 21. (Vary) Two- to four-year terms, some have term limits Salaries and benefits vary widely from state to state. PA HOW LONG ARE THEIR TERMS? Senators are elected for a term of four years and Representatives for a term of two years. All 203 members of the House and half of the Senate (25 members) are elected every two years WHAT ARE THE QUALIFICATIONS NECESSARY TO BE ELECTED TO THE GENERAL ASSEMBLY? Senators must be at least 25 years old and Representatives at least 21 years old. They must be citizens and inhabitants of the state for four years, living in their respective districts for one year. They must reside within their district during their term of office CAN A MEMBER OF THE GENERAL ASSEMBLY BE EXPELLED? Yes. Either body can expel a member with a two-thirds vote. Anyone expelled for corruption can never run again for election to either house (see Article II, Section 11).

21 Sessions and Leaders Section 2: State Legislatures
Each state determines when its legislature meets Either the lieutenant governor or a selected official presides over the Senate. Speakers are chosen in the lower houses. Committees are appointed by the presiding officer.

22 sa d a Nebraska Reynolds v. Sims Alaska 13,089 Rhode Island New York
California

23 Section 2: State Legislatures
American Civics Section 2: State Legislatures The Main Idea The process of passing state laws is similar to the process used in the U.S. Congress. In some states, citizens can take a direct role in making the state's laws. Reading Focus How are state legislatures organized to equally represent the citizens of the their state? How are state laws passed? How do citizens participate in making state laws? HOW A BILL BECOMES LAW IN PENNSYLVANIA Introduction: Anyone may draft a bill; however, only members of the General Assembly can introduce legislation, and by doing so become the sponsor(s). There are three basic types of legislation in Pennsylvania: bills, house resolutions, and senate resolutions. The official legislative process begins when a bill or resolution is numbered - HB signifies a House bill and SB a Senate bill - referred to a committee and printed by the Legislative Reference Bureau. Step 1. Referral to Committee: Bills are usually referred to standing committees in the House or Senate according to carefully delineated rules of procedure. Step 2. Committee Action: When a bill reaches a committee it is placed on the committee’s calendar. It is at this point that a bill is examined carefully and its chances for passage are determined. If the committee does not act on a bill, it is their equivalent of killing it. Step 3. Scheduling Floor Action: After a bill is reported back to the chamber where it originated, it is placed in chronological order on the calendar. In the House there are several different legislative calendars, and the Speaker and Majority Leader largely determine if, when, and in what order bills come up. The Senate also has several legislative calendars. Step 4. Debate: When a bill reaches the floor of the House or Senate, there are rules or procedures governing the debate. These rules determine the conditions and amount of time allocated for debate.

24 Passing State Laws Section 2: State Legislatures
American Civics Section 2: State Legislatures Passing State Laws State bills follow a path similar to that of federal bills before they can become laws. Bill Is Introduced Bill Is Sent to Committee Bill Reaches the Floor Bill Is Sent to the Second House Committee Floor Bill Is Sent to the Governor Step 5. Voting: After the debate and the approval of any amendments, the bill is passed or defeated by the members voting. Step 6. Referral to Other Chamber: When a bill is passed by the House or the Senate it is referred to the other chamber where it usually follows the same route through committee and floor action. This chamber may approve the bill as received, reject it, ignore it, or amend it. Step 7. Conference Committee Action: If only minor changes are made to a bill by the other chamber, it is common for the legislation to go back to the first chamber for concurrence. However, when the actions of the other chamber significantly alter the bill, a conference committee is formed to reconcile the differences. If the conferees are unable to reach agreement, the legislation dies. If agreement is reached, a conference report is prepared describing the committee member’s recommendations for changes. Both the House and the Senate must approve of the conference report. This mainly happens when legislative chambers are led by different parties. Step 8. Final Actions: After a bill has been approved by the House and Senate in identical form, it is sent to the Governor. If the Governor approves of the legislation and signs it, the bill becomes law. Or, the Governor can take no action for ten days, and it automatically becomes law. If the Governor opposes the bill, she or he can veto it. The Governor can also hold the bill for a time without taking action, either signature or veto, for 10 days while the General Assembly is in session or 30 days after final adjournment, after which it will automatically become law. A bill that passes one house & fails in the second house does not become law. Becomes law when signed

25 Joint Conference Committee
American Civics Passing State Laws Joint Conference Committee If both houses pass the bill, but in different forms it goes to a Joint Conference Committee. made up of members from both house members try to reach a compromise version of the bill that will be accepted by both houses Both houses usually accept this final version Step 9. Overriding a Veto: If the Governor vetoes a bill, the General Assembly may attempt to “override the veto.” This requires a two-thirds roll call vote of the members who are present in sufficient numbers for a quorum. HOW MANY MEMBERS ARE THERE IN THE PENNSYLVANIA LEGISLATURE? There are Senators and 203 members of the House of Representatives. HOW OFTEN DOES THE GENERAL ASSEMBLY MEET? The General Assembly is a continuing body during the term for which its representatives are elected. It meets at noon on the first Tuesday of January and then regularly throughout the year. HOW ARE THE SENATORIAL AND REPRESENTATIVE DISTRICTS APPORTIONED? The Constitution provides for the state to be divided into 50 senatorial districts and 203 representative districts. Each is to be composed of compact and contiguous territory as nearly equal in population as is practical. One Senator and one Representative are elected from each of the respective districts. No county, city, town, borough, township, or ward is to be divided in forming these districts unless absolutely necessary HOW OFTEN ARE THESE DISTRICTS REAPPORTIONED? Every 10 years. A Legislative Reapportionment Commission, headed by a nonpartisan commissioner, conducts reapportionments in the year following each federal decennial census (see Article II, Section 17a). This provision was added to the Constitution by the limited Constitutional Convention of Prior to this, the General Assembly was required to do the reapportioning.

26 Passing State Laws the governor may veto a bill
American Civics Passing State Laws the governor may veto a bill Item Veto-- In most states the governor also has the power to veto only one part, or item, of an appropriation bill legislature can pass a bill over the governor’s veto by a two-thirds vote in each house (money) WHAT HAPPENS WHEN A BILL IS PRESENTED TO THE GOVERNOR FOR SIGNING? When a bill is sent to the Governor, one of four things can happen:a) The Governor can sign it, whereupon it becomes a law. b) The Governor can veto the bill. In this case, the General Assembly can choose to vote on it again. A two-thirds vote of all members in both houses will override the veto. c) The Governor can hold it for a time without taking action-either signature or veto-(10 days while the General Assembly is in session or 30 days after final adjournment), after which it will automatically become law. The Governor's refusal to sign a bill may indicate disapproval of the measure but with an acknowledgement that a veto is either useless or politically unwise. It may also indicate that the Governor is undecided about the bill's constitutionality. d) The Governor can employ a line-item veto. This means that any portion of a bill that appropriates money for a particular use can be disapproved while allowing for remaining parts of the bill to become law. Those items vetoed by the Governor can still be restored by a legislative override.

27 joint conference committee

28 Section 2: State Legislatures
The Main Idea The process of passing state laws is similar to the process used in the U.S. Congress. In some states, citizens can take a direct role in making the state's laws. Reading Focus How are state legislatures organized to equally represent the citizens of the their state? How are state laws passed? How do citizens participate in making state laws?

29 How Citizens Participate in Lawmaking
American Civics How Citizens Participate in Lawmaking many opportunities at the state level for citizens to participate in the lawmaking process Constituents– citizens represented by legislators may testify at a committee hearings send letters or make phone calls any one of the people who live and vote in an area : a member of a constituency Full Definition of CONSTITUENT 1:  one who authorizes another to act as agent (lawmaking body)

30 How Citizens Participate in Lawmaking
American Civics How Citizens Participate in Lawmaking (Propose) Initiative- Citizens are able to initiate, or start, new legislation Referendum- voters must approve certain bills passed by the legislature before the bills can become laws Recall- allow voters to remove elected officials from office (law) By collecting signatures on a petition Refers potential laws directly to the people, who then vote on them Initiative--a procedure by which a specified number of voters may propose a statute, constitutional amendment, or ordinance, and compel a popular vote on its adoption. the general right or ability to present a new bill or measure, as in a legislature. Referendum-- the principle or practice of referring measures proposed or passed by a legislative body to the vote of the electorate for approval or rejection. Latin: thing to be referred A recall election--a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended. Recalls, which are initiated when sufficient voters sign a petition, have a history dating back to the ancient Athenian democracy[1] and are a feature of several contemporary constitutions. Only two governors have ever been successfully recalled. In 1921, Lynn Frazier, Governor of North Dakota, was recalled during a dispute about state-owned industries. In 2003, Governor Gray Davis of California was recalled over the state budget. In 2012, Wisconsin's governor, Scott Walker became the first US governor to survive a recall election.[5] Additionally, in 1988, a recall was approved against Arizona Governor Evan Mecham,[6] but he was impeached and convicted before it got on the ballot.[7]

31 American Civics b c e f In Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, and Washington, specific grounds are required for a recall. Some form of malfeasance or misconduct while in office must be identified by the petitioners. The target may choose to dispute the validity of the grounds in court, and a court then judges whether the allegations in the petition rise to a level where a recall is necessary. In the 2nd of November 2010 general election, Illinois passed a referendum to amend the state constitution to allow a recall in light of ex-Governor Rod Blagojevich's corruption scandal. In the other eleven states that permit state-wide recall, no grounds are required and recall petitions may be circulated for any reason. However, the target is permitted to submit responses to the stated reasons for recall. The minimum number of signatures and the time limit to qualify a recall vary among the states. In addition, the handling of recalls once they qualify differs. In some states, a recall triggers a simultaneous special election, where the vote on the recall, as well as the vote on the replacement if the recall succeeds, are on the same ballot. In the 2003 California recall election, over 100 candidates appeared on the replacement portion of the ballot. In other states, a separate special election is held after the target is recalled, or a replacement is appointed by the Governor or some other state authority.

32 Section 3: The State Executive Branch
American Civics Section 3: The State Executive Branch The Main Idea A state’s executive branch carries out laws made by the state’s legislative branch. Governors are the chief executives of state government. Reading Focus Who is the state’s chief executive, and what are his or her powers and duties? Who are the other officials of state executive branches? The Governor of the Commonwealth of Pennsylvania is an elected constitutional officer, the head of the Executive branch, and the highest state office in Pennsylvania. The Governor is popularly elected every four years by a plurality and is limited to two consecutive terms. The 47th and current governor is Tom Wolf, a Democrat elected in Wolf began his first term in office on January 20, 2015, succeeding Republican Tom Corbett, whom Wolf unseated in the 2014 general election. A candidate for the governor must be: a citizen of the United States at least 30 years old a resident of Pennsylvania for at least seven years Additionally, the governor may not hold Congressional office, any other office under the Commonwealth, or any federal office. The exception is that the governor may be a reserve member of the National Guard. Tom Wolf/Mike Stack In 2014, the governor received a salary of $187,818, according to the Council of State Governments.[8]

33 The State’s Chief Executive
Section 3: The State Executive Branch The State’s Chief Executive Governors lead the state government, set priorities, make government appointments, & implement laws to meet the needs of their states State constitutions list the qualifications Must be U.S. citizens who have lived in the state for a certain number of years. Must be at least 30 years old. Serve four-year terms with limits of one to two terms. Salaries & Benefits vary Citizenship residency Age

34 Governor Tom Wolf American Civics
On January 20, 2015, Mike Stack was sworn in as Pennsylvania’s 33rd lieutenant governor, and in that role serves as presiding officer of the Pennsylvania Senate. He also chairs the Board of Pardons and was appointed by Governor Wolf to chair the Pennsylvania Emergency Management Council. Lt. Gov. Stack is a Captain in the Pennsylvania Army National Guard and a graduate of the U.S. Armed Forces Officers Basic Course. He also serves as a Judge Advocate General (JAG) for the 28th Infantry Division. Governor Tom Wolf

35 Powers & duties of governors
American Civics Section 3: The State Executive Branch Powers & duties of governors Proposing laws and programs to the legislature; approving or vetoing bills. Developing state budgets. Controlling state police and militia. Appointing officials and supervising executive branch. Call out the National Guard to help keep peace & assist with relief efforts State defense forces (SDF; also known as state guards, state military reserves, or state militias) in the United States are military units that operate under the sole authority of a state government; they are partially regulated by the National Guard Bureau but they are not a part of the Army National Guard of the United States.[1] State defense forces are authorized by state and federal law and are under the command of the governor of each state. State defense forces are distinct from their state's National Guard in that they cannot become federal entities. All state National Guard personnel (to include the National Guard of the District of Columbia, the Commonwealth of Puerto Rico and the territories of Guam and the Virgin Islands) can be federalized under the National Defense Act of 1933 with the creation of the National Guard of the United States Nearly every state has laws authorizing state defense forces, and 22 states, plus the Commonwealth of Puerto Rico, have active SDFs with different levels of activity, support, and strength Example- Riots

36 proposes new laws draws up the state budget helps candidates get elected in the next election heads the state police

37 Section 3: The State Executive Branch
American Civics Section 3: The State Executive Branch The Main Idea A state’s executive branch carries out laws made by the state’s legislative branch. Governors are the chief executives of state government. Reading Focus Who is the state’s chief executive, and what are his or her powers and duties? Who are the other officials of state executive branches? The Governor of the Commonwealth of Pennsylvania is an elected constitutional officer, the head of the Executive branch, and the highest state office in Pennsylvania. The Governor is popularly elected every four years by a plurality and is limited to two consecutive terms. The 47th and current governor is Tom Wolf, a Democrat elected in Wolf began his first term in office on January 20, 2015, succeeding Republican Tom Corbett, whom Wolf unseated in the 2014 general election. A candidate for the governor must be: a citizen of the United States at least 30 years old a resident of Pennsylvania for at least seven years Additionally, the governor may not hold Congressional office, any other office under the Commonwealth, or any federal office. The exception is that the governor may be a reserve member of the National Guard. Tom Wolf/Mike Stack In 2014, the governor received a salary of $187,818, according to the Council of State Governments.[8]

38 Other officials of the state executive branch, in most states:
American Civics Section 3: The State Executive Branch Other officials of the state executive branch, in most states: If dies, resigns, or is removed from office Lieutenant governor—succeeds governor; presides over the Senate Secretary of state—keeps state records and supervises elections Attorney general—in charge of legal business State treasurer—supervises all state funds A lieutenant governor, lieutenant-governor or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command“ In the United States, lieutenant governors are usually second-in-command to a state governor, and the actual power held by the lieutenant governor varies greatly from state to state. Secretary of the Commonwealth of PA Collection of taxes

39 LT. GOV. MIKE STACK American Civics
On January 20, 2015, Mike Stack was sworn in as Pennsylvania’s 33rd lieutenant governor, and in that role serves as presiding officer of the Pennsylvania Senate. He also chairs the Board of Pardons and was appointed by Governor Wolf to chair the Pennsylvania Emergency Management Council. Lt. Gov. Stack is a Captain in the Pennsylvania Army National Guard and a graduate of the U.S. Armed Forces Officers Basic Course. He also serves as a Judge Advocate General (JAG) for the 28th Infantry Division. LT. GOV. MIKE STACK

40 Secretary of the Commonwealth
American Civics Pedro A. Cortés was named Acting Secretary of the Commonwealth by Governor Tom Wolf on January 20, He previously served as Secretary of the Commonwealth from 2003 to 2010.  At that time Cortés was the first confirmed Latino Cabinet member and the longest serving Secretary of State in Pennsylvania history. The mission of the Department is to promote the integrity of the electoral process, to support economic development through corporate filings and transactions, and to protect the health and safety of the public. The Department accomplishes its mission by furthering the highest standards of ethics and competence in the areas of elections, campaign finance, notarization, professional and occupational licensure, charitable solicitation, and professional boxing, wrestling and mixed martial arts. Cortés is the Commonwealth’s Chief Election Official. By statute, the Secretary is also the Chairperson of the Navigation Commission for the Delaware River and its Navigable Tributaries, and a member of the Board of Finance and Revenue, the Pennsylvania Municipal Retirement Board and the State Athletic Commission. The Secretary is the keeper of the Great Seal of the Commonwealth and has the duty of authenticating government documents through the seal's use. Attorney General - As the state's chief law enforcement officer, Secretary of the Commonwealth Pedro A. Cortés Attorney General Kathleen G Kane

41 Timothy Reese State Treasurer American Civics
As Treasurer of the Commonwealth of PA, Tim Reese serves as Chief Executive of the Treasury Department and oversees an operating budget of $40 million and a staff of approximately 325 employees.  His powers and duties involve the receipt and disbursement of funds, as well as the deposit, investment, and safekeeping of monies and securities belonging to the Commonwealth. Treasurer Reese serves as custodian of the funds of virtually all State agencies. Such funds totaled almost $100 billion including the unclaimed property program with $2.3 billion in assets and the $4 billion PA 529 College Savings Program. Treasurer Reese is the Chair of the Board of Finance and Revenue, which selects banks to serve as state depositories; sets interest rates paid on Commonwealth deposits; and hears and decides state tax appeals. Treasurer Reese holds a B.S. in Electrical Engineering & Electronics Technology from Temple University (1990) and was a Fellow at Temple University Fox School of Business. He currently serves on the Board of Advisors for the U.S. Securities & Exchange Commission.

42 Section 3: The State Executive Branch
Other officials of the state executive branch, in most states: (continued) Ensures that no public funds from the state treasury are used without authorization State auditor (comptroller)—supervises the state’s financial records Superintendent of public instruction—governs local school districts and distributes state funds Audits Responsible for carrying out policies set by the State Board of Education

43 Secretary of Education Pedro A. Rivera
American Civics Eugene A. DePasquale became Pennsylvania’s 51st Auditor General January 15, As the state’s chief fiscal watchdog, Eugene is focusing audits on areas that will improve the lives of all Pennsylvanians and prepare our state for a brighter future. His audits have found fraud, errors and other financial issues in school districts and charter schools to the tune of well over $20 million.  The audits also have shown how the state can do a better job of protecting drinking water and ensuring the humane treatment of animals. As Auditor General, Eugene is outspoken about charter school financial abuses and the need for education funding reform. He continues to demand public school officials be more responsible with tax dollars while he is fighting to ensure more dollars get to the classroom in an effective way. Secretary of Education Pedro A. Rivera

44 State Executive Agencies and Officials
Section 3: The State Executive Branch State Executive Agencies and Officials Help the governor carry out the laws Have specific areas of responsibility such as agriculture, justice, labor, public safety, public works, or transportation Officials of agencies are usually appointed by the governor. Some jobs are filled through patronage. A system in which government jobs are given to people recommended by political party leaders & office holders

45 lieutenant governor secretary of state attorney general state treasurer state auditor comptroller superintendent of public instruction patronage

46 Powers and Duties of the Governor
SECTION 3 Question: What are the powers and duties of the governor? Powers and Duties of the Governor 1. Chief Legislator 2. Chief Executive Political Party Leader 4. Other Powers

47 The Main Idea Reading Focus
American Civics Section 4: State Courts The Main Idea State court systems include lower courts, general trial courts, appeals courts, and state supreme courts. Reading Focus What kinds of cases do state courts handle? How is the state court system organized? How are state judges selected? The framers of the U.S. Constitution wanted the federal government to have only limited power.  Therefore, they limited the kinds of cases federal courts can decide.  Most laws that affect us are passed by state governments, and thus state courts handle most disputes that govern our daily lives State courts are courts of "general jurisdiction". They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws. Each state gets to make and interpret its own laws. This helps the states retain power, and makes sure that the national government does not become too strong. About 90% of all the cases heard in the American court system happen at the state level. Examples include: A crime that is a violation of state law. Most criminal activity falls in this category, such as robbery, assault, murder, and many drug-related crimes. A controversy arising out of the state constitution or other state laws. A case in which the state is a party, such as state tax violations. Most real estate cases, malpractice, personal injury cases, and contract disputes. All family, divorce, custody, inheritance and probate cases. Most traffic and juvenile cases Generally the state and federal systems do not overlap, but there are rare cases when a case might be appealed from the Missouri Supreme court to the United States Supreme Court. These cases usually involve the U.S. Constitution, and often deal with issue of civil liberties or civil rights. States are allowed to make their own laws, so long as they do not violate the Constitution of the United States. This allows the states to make the laws that are important to their region and populace. Because all the states have their own state constitutions and legal codes, the states must have courts to interpret their laws, just as the national government must have courts to interpret federal law and the U.S. Constitution.

48 State Court Cases two levels of law and two sets of judicial systems
Federal courts address violations of the United States Constitution and federal laws State courts address violations of state constitutions and state laws Each state creates its own court system determine the way in which judges for its courts are selected

49 State Court Cases Section 4: State Courts
The role of the state courts: apply and enforce the criminal and civil laws of the state Criminal cases, which deal with violations of the law that harm individuals or society. Civil cases, which deal with disputes between individuals or business and generally involve money or property. community

50 State Court Cases Each state creates its own penal code- set of criminal laws State courts have the authority to punish

51 a b d

52 The Main Idea Reading Focus
American Civics Section 4: State Courts The Main Idea State court systems include lower courts, general trial courts, appeals courts, and state supreme courts. Reading Focus What kinds of cases do state courts handle? How is the state court system organized? How are state judges selected? Due to federalism, both the federal government and each of the state governments have their own court systems. The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts. States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc. Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals. Parties have the option to ask the highest state court to hear the case. Only certain cases are eligible for review by the U.S. Supreme Court. Most criminal cases, probate (involving wills and estates) Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc. State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.

53 American Civics Section 4: State Courts State Court Systems Like the federal judicial branch, state court systems are structured in levels General Trial Courts Appeals Courts State Supreme Court Minor Courts of Pennsylvania The Minor Courts, the people's courts, are the first level of Pennsylvania's Unified Judicial System and presided over by magisterial district and municipal court judges. overview Minor courts, or special courts, are the first level of Pennsylvania's judiciary. These courts are presided over by magisterial district judges (MDJs) and municipal court judges. MDJs do not have to be lawyers, but they are required to pass a qualifying exam. Philadelphia Municipal Court General Division judges need to be lawyers, but Traffic Division judges do not. Each court has its own elected judges. In Allegheny County, the Pittsburgh Municipal Court is staffed by Allegheny County magisterial district judges and the complement is included in the total of 526 MDJs. responsible for Whether serious criminal cases go to the Court of Common Pleas Preliminary arraignments and preliminary hearings Setting and accepting bail, except in murder or voluntary manslaughter cases

54 Includes traffic violations & family disputes
American Civics State Court System Lower Courts minor cases misdemeanor criminal cases and civil cases involving small amounts of money Judges conduct hearings in these courts without a jury. Justice of the peace Magistrate’s court or police courts Usually Elected Municipal Courts- work load can be divided Small-claims courts Less than $5,000 and no lawyers Includes traffic violations & family disputes

55

56 General Trial Courts Major criminal/civil cases Jury
American Civics General Trial Courts Major criminal/civil cases Jury Most judges are elected Aka- superior courts & courts of common pleas Common Pleas Court  overview The Courts of Common Pleas are the general trial courts of Pennsylvania. They are organized into 60 judicial districts. Most districts follow the geographic boundaries of counties, but seven of the districts are comprised of two counties. Each district has from one to 93 judges and has a president judge and a court administrator. responsible for Appeals from the minor courts Appeals not exclusively assigned to another court Matters involving children and families

57 State Court System Section 4: State Courts
American Civics Section 4: State Courts State Court System Appeals courts—handle appealed cases from the lower courts No juries State supreme court—handles appealed cases from the appeals court Superior Court  overview The Superior Court was established in It is one of Pennsylvania's two statewide intermediate appellate courts. The Superior Court is often the final arbiter of legal disputes. The Supreme Court may grant a petition to review a decision of the Superior Court, but most petitions are denied and the ruling of the Superior Court stands. Cases are usually heard by panels of three judges sitting in Philadelphia, Harrisburg or Pittsburgh, but may also be heard en banc by nine judges. The Superior Court often travels to locations throughout Pennsylvania to hear cases. responsible for Appeals in criminal and most civil cases from the Courts of Common Pleas Appeals on matters involving children and families Commonwealth Court The Commonwealth Court was established in 1968 and is unique to Pennsylvania. It is one of Pennsylvania's two statewide intermediate appellate courts. The Commonwealth Court is primarily responsible for matters involving state and local governments and regulatory agencies. It also acts as a trial court when lawsuits are filed by or against the Commonwealth. Cases are generally heard by panels of three judges in Philadelphia, Harrisburg and Pittsburgh, although, on occasion, they may choose to hold court in other locations. Cases may also be heard by a single judge or by en banc panels of seven judges. Original civil actions brought by and against the Commonwealth Appeals from decisions made by state agencies and the Courts of Common Pleas

58 h e f g American Civics Supreme Court overview
Dating to 1684, the Supreme Court is the highest court in the Commonwealth and the oldest appellate court in the nation. The Supreme Court’s administrative powers and jurisdictional responsibilities are vested with the seven-member court by the Pennsylvania State Constitution and a collection of statutes known as the Judicial Code. Administratively, the courts within the Unified Judicial System are largely responsible for organizing their own staff and dockets; however, the Supreme Court has several committees and boards responsible for writing and enforcing rules for judges, attorneys, and litigants to ensure an efficient and fair judicial review. Annually, the seven justices receive over 3,000 requests for appellate review. Most often, but not exclusively, the Court reviews: Requests for discretionary appeals from the Commonwealth Court and Superior Court Direct Appeals from a lower court’s decision, including when a sentence of death is issued Requests to intervene in a lower court’s proceedings Requests to deliver a body from illegal detention

59 The Main Idea Reading Focus
American Civics Section 4: State Courts The Main Idea State court systems include lower courts, general trial courts, appeals courts, and state supreme courts. Reading Focus What kinds of cases do state courts handle? How is the state court system organized? How are state judges selected? Due to federalism, both the federal government and each of the state governments have their own court systems. The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts. States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc. Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals. Parties have the option to ask the highest state court to hear the case. Only certain cases are eligible for review by the U.S. Supreme Court. Most criminal cases, probate (involving wills and estates) Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc. State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.

60 Selection of State Judges
American Civics Selection of State Judges State law determines how judges are selected in each state and the length of each type of judge’s term In most states, citizens elect state supreme court judges. Some states the governor appoints supreme court judges How are Judges Selected? How state court judges are selected varies by state. States choose judges in any of the following ways: Appointment: The state's governor or legislature will choose their judges. Merit Selection: Judges are chosen by a legislative committee based on each potential judge's past performance. Some states hold "retention elections" to determine if the judge should continue to serve. Partisan Elections: Judges selected through partisan elections are voted in by the electorate, and often run as part of a political party's slate of candidates. Non-Partisan Elections: Potential judges that run for a judicial position in states with non-partisan elections put their names on the ballot, but do not list their party affiliates. Terms for judges in non-partisan elections can range between 6 and 10 years. The Pennsylvania judiciary is composed of a supreme court, a superior court, a commonwealth court, a court of common pleas, and various minor courts. The supreme, superior, and commonwealth courts are appellate courts, and the court of common pleas is the trial court of general jurisdiction. Pennsylvania judges are chosen in partisan elections. Pennsylvania is one of only two states that holds its judicial elections in off years in conjunction with municipal elections. Pennsylvania organizations such as Pennsylvanians for Modern Courts and the Pennsylvania Bar Association have worked for many years to promote merit selection and retention for Pennsylvania's judges. Former governor Tom Ridge was strongly committed to promoting merit selection, convening three summit meetings on the subject in the spring and summer of 2001, but he resigned the governorship in the fall of 2001 to head the U.S. Department of Homeland Security. The new Pennsylvania governor, Ed Rendell, pledged during his election campaign to pursue merit selection as governor, describing merit selection as "an idea whose time has come." In 2007, Governor Rendell included providing for merit selection of judges in a six-pronged proposal for restoring the public's trust in Pennsylvania government.

61 Selection of State Judges
American Civics Selection of State Judges The Missouri Plan a committee of judges, lawyers, and ordinary citizens prepares a list of qualified judges The governor appoints a judge from this list. The judge must then face the voters in the next election Most states have methods for removing judges, usually by impeachment or recall The Missouri Plan (originally the Missouri Nonpartisan Court Plan, also known as the merit plan, or some variation) is a method for the selection of judges. It originated in Missouri in 1940 and has been adopted by several states of the United States. Similar methods are used in some other countries. Under the Plan, a non-partisan commission reviews candidates for a judicial vacancy. The commission then sends to the governor a list of candidates considered best qualified. The governor then has sixty days to select a candidate from the list. If the governor does not make a selection within sixty days, the commission makes the selection. At the general election soonest after the completion of one year's service, the judge must stand in a "retention election". If a majority votes against retention, the judge is removed from office, and the process starts anew.[1] If the majority votes in favor of retention, the judge serves out a full term. Removal of justices In Pennsylvania, justices may be removed in one of two ways: The judicial conduct board or an individual may initiate a complaint. The board conducts an investigation to determine if probable cause exists to file formal charges, and then presents its case to the court of judicial discipline. If the charges are sustained, the court may impose sanctions, ranging from a reprimand to removal from the bench. A justice may be impeached by the house of representatives and convicted by two-thirds of the senate Justice Orie Melvin removed from court In 2013, Justice Joan Orie Melvin was convicted of various counts of corruption and was removed from the court.

62 c elected appointed by the governor

63 SECTION 4 Question: What are the responsibilities of each of the four types of state courts? General Trial Courts: These courts hear major civil and criminal cases. Most involve a jury with a judge presiding. State Courts Lower Courts: These courts hear minor cases, including misdemeanors and civil cases involving small amounts of money. They may also handle traffic violations, family disputes, and juvenile cases. Appeals Courts: These courts hear cases on appeal, deciding if the lower court handled the trial properly and gave the accused the rights guaranteed under the Constitution. State Supreme Courts: These courts are the highest court in most states hearing cases on appeal.

64 Chapter 8 Wrap-Up 1. What is the term for the powers granted to state governments, and what are some examples? 2. How are the rules of state governments organized, and under what rule did they agree to cooperate with each other? 3. What conditions must be met in order for someone to serve as a state lawmaker? 4. How can citizens take direct action in legislation and state government? 5. Who heads the state executive branch, and what does the job require? 6. Who helps the governor run the state government? 7. What types of courts exist in most states, and what does each do? 8. How does the appeals process work?


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