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State and Local Governments

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State Constitutions

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First State Constitutions All 50 states have a written constitution For the 13 colonies their charters served as models for State Constitutions 7 of the original states started their constitutions with a Bill of Rights Virginia included Bicameral (except Pennsylvania and Georgia) No constitution allowed for full religious freedom Each had ridged qualifications for voting

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All state constitutions have: 1.Basic Principles Fundamental laws=popular sovereignty and Limited government Every state have a Judicial, Legislative, Executive branches Checks and Balances Judicial Review

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2. Protections of Civil Rights Bill of Rights 3. Government Structure State and Local Levels Often much more detailed than US Constitution 4. Government Powers and Processes List in details the powers of the Branches

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5. Constitutional Changes How to revise or amend the State Constitution Fundamental Laws are so basic and important it is hard to change Amendment Process Informal changes: Not as important at the state level because state constitutions are more detailed and less flexible Formal changes: Amendments: small scale details Revisions: Large scale changes

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6. Miscellaneous Provisions Preamble Dead letters The Virginia Constitution doesnt have a preamble The First Amendment does have one: A DECLARATION OF RIGHTS made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government.

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How to amend a state constitution 2 steps Propose change Constitutional convention Legislature (most used) Voters: Ballot initiative Sign a petition (24 states) Not Virginia Ratification Popular vote (Not Delaware)

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Virginia

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Commonwealth A commonwealth is government based on the common consent of the people No legal impact 4 states are officially commonwealths: Virginia Kentucky Massachusetts Pennsylvania

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Independent Cities Makes VA unique 39 of the 42 independent cities in the US are in VA Two types of cities First-Class city Second-class city

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Bob McDonnell 71 st Governor Republican Went to Notre Dame Military Officer Served in the Virginia Legislature and as Attorney General

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Virginia Governor Qualifications US Citizen Live in Virginia 5 years prior to election 30 Years old Governors of VA cannot run for consecutive terms in office BUT they can run for a second term later on. Only state that does this

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Maureen McDonnell First Lady From Fairfax County Went to James Madison University 5 children Main issue: Healthy living through nutrition and Fitness

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Bill Bolling Lieutenant Governor Republican Main issue: jobs

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Ken Cuccinelli Attorney General Republican Lawyer for the State of Virginia

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Frank Wolf Representative Republican Most senior of VAs 11 Reps. Chair of the House Appropriations committee

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Mark Warner Senator Democrat Former Governor Serves on the Senate Banking, Budget, Commerce and Intelligence Committees

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Tim Kaine Senator Democrat Former Governor Serves on the Senate Armed Services, Foreign Relations, and Budget Committees

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Virginias Executive Branch

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The Governors term is four years The governor of VA is not able to succeed himself Only state that does this The people of VA vote for their governor Richmond is the Capitol of VA Governor is required to give the Condition of the Commonwealth Address The Governor can use line item veto The Governor is the Commander-in-Chief of the Armed forces of the Commonwealth

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The Lieutenant governor is elected at the same time as the governor The Lieutenant governor is the Presiding officer of the Senate No term limit for the Lieutenant Governor The Attorney General is elected the same time as the Governor The Attorney General acts as the States Lawyer

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State Legislature

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What does it do? Responsible for translating the public will into the States Public Policy Virginia elects its State Legislators on odd numbered years to separate state and federal issues

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Laws The State can make any law that does not conflict with any federal law or any provision in that states constitution Police Power: The extraordinarily important power to protect and promote the public: health, safety, morals and the general welfare

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Nonlegislative Powers Executive: approval of governors appointments Judicial: impeachment Constituent: Constitution making and amendment process

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Referendum A process by which a legislative measure is referred to the states voters for final approval or rejection Three forms Mandatory Optional popular

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State Courts

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The Courts There are around 15,000 state judges Justice of the peace Lowest of the State Judges Justice Courts Not as relevant as they once were Used so that small disputes could be dealt with quickly in rural locations

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Municipal Courts City wide jurisdiction They hear: Civil cases Misdemeanor cases Small claims court: Informal proceeding usually without lawyers

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Juvenile Courts Individuals under 18 (minors) More about rehabilitation than punishment In all but 4 states the Juvenile court judges can send certain cases to adult courts

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General trial courts More important civil and criminal cases Most legal action under state law begins here Court of first instance Original Jurisdiction over most cases in the state

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Intermediate Appellate Courts Appellate jurisdiction Stand between the trial courts and the States Supreme Court Dont hold trials but hear oral arguments from attorneys, study the briefs and review records to make their decisions

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State Supreme Court Highest court in the State Judicial System Each state chooses the number of justices 5-7 Justices are selected in one of three ways Appointment (24) Voters (22) Selected by state legislature (4)

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Final Say in State Law Can rise to the Federal Supreme Court IF: It is a federal question/federal law The Supreme Court agrees to see it Writ of Certiorari

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Unified Court System Geographic Jurisdiction What we currently have Causes problems All areas of law Too much in some areas and too little in others Unified System Organized by case Specialized caseloads

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Local Governments

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Counties Major unit of local government in the US Depends of the State Louisiana: Parishes Alaska: Boroughs Connecticut and Rhode Island: Have nothing 3043 Counties in the United States

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What the County does Varies by state North West: They are Judicial Districts Mid Atlantic and Mid West: Subdivided into townships Rural local government South Major Unit of Rural Government

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Local Gov Structure Usually called county board AKA board of commissioners, board of Supervisors etc Usually popularly elected Usually 4 year terms Finances is the most important power of the local government

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Other Units of Local Governments Towns and Townships Found in almost the states in the North East and Mid West North East: Towns Rural and urban boundaries Examples of direct democracy New York, New Jersey, Ohio and Pennsylvania Townships Not as necessary because it is based for more rural commuites

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People in Local Government Sheriff: Runs county jail, provides police protection in rural areas, often collects taxes, carries out local court orders Assessor: Appraises taxable property District Attorney: Conducts criminal investigations and prosecutes Coroner: Investigates violent deaths, certifies causes of death

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Forms of City Government

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Cities are created by the State The state has complete authority over ALL units of local government ALL receive power from the state The Charter is the citys basic law (constitution) There are 3 basic forms of city governments

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The Mayor-Council Form Oldest and most widely used Mayor: Elected by the voters to be the executive Strong-Mayor Government: Heads citys administration, has veto power, can hire and fire, strong leadership Usually found in large cities Weak-Mayor Government: Less formal power, shared executive duties, shares appointment and removal powers, shares budget powers Most use this form Council: Elected to be the legislative Usually unicameral

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The Commission Form 3 to 9 (5) commissioners are popularly elected City-council Pass ordinances and control money Both legislative and executive Individually they head the city departments Can choose one of the commissioners to serve as the mayor

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The Council-Manager Form A strong council of usually 5 to 7 members elected A weak mayor chosen by the voters A manager, the citys chief administrative officer Named by the council Carries out the policies the council makes Serves the council

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Finances

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Different types of taxes Regressive tax: Levied according to a persons ability to pay Sales Tax Progressive tax: The higher your income the more taxes you pay Income Tax Property tax: Levied on: Real property: land, buildings etc Personal property: cars, stocks etc

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Other taxes Inheritance tax: Levied on the heir of the estate (What you inherit) Estate tax: Levied directly on the full estate itself