The Three Branches

Key Terms

bicameral, lieutenant governor, plurality, item veto, civil case, criminal case

Find Out

• How do states differ in their methods of selecting qualified people to serve as judges?

• How do state legislatures and governors work together to pass laws and carry out policies that affect citizens of a state?

The Three Branches

Understanding Concepts

Separation of Powers How does the principle of separation of powers in state government compare with that of the federal government?

Section Objective

Discuss the organization and functions of the three branches of state governments.

Seven sitting governors have been elected president: Rutherford B. Hayes (Ohio), Grover Cleveland (Ohio), William McKinley (Ohio), Woodrow Wilson (New Jersey), Franklin Roosevelt (New York), Bill Clinton (Arkansas), and George W. Bush (Texas).

A. The state legislature passes laws.

I. The Legislative Branch (pages 641–642)

B. Members of state legislatures are elected from legislative districts. Qualifications for members are outlined in state constitutions.

C. Many state legislators work part-time in other fields.

D. Most state legislatures:

1) are bicameral,

2) hold annual sessions, and

3) conduct business through committees.

E. Many bills originate in the executive branch of state government.

F. A bill begins in either house of the state legislature and is debated and voted on. The governor vetoes or signs passed bills.

I. The Legislative Branch (pages 641–642)

If you had the power to do so, how might you adjust the qualifications for members of your state legislature?

Answers will vary. Students should know the qualifications for their own state.

I. The Legislative Branch (pages 641–642)

A. The governor heads the executive branch of the state government.

II. The Executive Branch (pages 643–645)

B. State constitutions outline qualifications of the governor.

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

D. Most governors serve four-year terms. In 18 states, governors and other officials can be removed from office by a recall.

E. 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.

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

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

II. The Executive Branch (pages 643–645)

H. Governors1) 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.

II. The Executive Branch (pages 643–645)

I. Most states elect other members of the executive branch.

II. The Executive Branch (pages 643–645)

In which role does the governor of your state perform best? Explain.

Answers will vary. Roles include executive, legislator, party leader, state spokesperson.

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

III. The Judicial Branch (pages 646–647)

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

C. 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.

D. State general trial courts hear cases involving serious crimes.

E. State appeals courts review cases of lower courts.

F. A state supreme court is the court of final appeal.

G. Judges may be removed from office.

III. The Judicial Branch (pages 646–647)

III. The Judicial Branch (pages 646–647)

What do you think is a good reason to remove a judge from office? Why?

Answers will vary. See Removal of Judges on text page 647.

1. Main Idea Use a graphic organizer like the one below to show how the roles of president and governor differ in at least two ways.

Checking for Understanding

Answers might include: president—makes foreign policy, does not have line-item veto; governor—does not make foreign policy, has line-item veto

___ bicameral

___ lieutenant governor

___ plurality

___ item veto

___ civil case

___ criminal case

A. when the state brings charges against a citizen for violating the law

B. the power to turn down particular items in a bill without vetoing the entire bill

C. the presiding officer of the upper house in some state legislatures

D. usually involves a dispute between two or more private individuals or organizations

E. the largest number of votes in an election

F. two-house legislative body

Checking for Understanding

F

C

E

B

D

A

Match the term with the correct definition.

3. Identify National Guard, attorney general, secretary of state, Missouri Plan.

Checking for Understanding

The National Guard is a state militia that serves under the governor’s control.The attorney general supervises the legal activities of all state agencies, gives legal advice to the governor, and acts as a lawyer for the state in cases in which it is involved.The secretary of state is the chief secretary or clerk of state government.The Missouri Plan is a selection process for judges that combines appointment by the governor and popular election.

4. Why do some people question the wisdom of electing state court judges?

Checking for Understanding

They question whether people are informed enough to elect judges, and they fear political influences upon judges who are elected.

5. Making Comparisons How is the path a bill takes to become a law similar in a state legislature and the national Congress?

Critical Thinking

The bill is introduced by legislators, sent to a committee, reported back to the house, passed by both houses, and signed by the chief executive. A conference committee may resolve differences and the legislature may pass a bill over an executive veto by a two-thirds majority vote in both houses.

Separation of Powers Look through local newspapers and find articles about the governor of your state. For each article, describe what role or roles your governor is playing. Attach your article and role description on a class bulletin-board display titled “The Roles of the Governor.”