AmericanGovernmentCh.24-Sections1through4

American Government Chapter 24 Governing the States

Section 1 State Constitutions 

5 Main Categories by which all State constitutions can be described

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1. popular sovereignty & limited government

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2. protections of civil rights

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3. structure of state government

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4. powers of the branches of State government

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5. process of constitutional change

Amending the State constitutions Amendments can be proposed by: 1. constitutional convention 2. legislature 3. voters

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Amendments can be ratified by:  A vote of the people

Statutory and Fundamental Law  

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Statutory laws - laws passed by the legislature Fundamental laws - laws of basic and lasting importance that should be in a constitution

Terms  

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Popular Sovereignty - The people are the sole source of the government’s power Limited Government - Powers that the government has are limited

Initiative - process by which voters sign a petition favoring a proposal

Section 2 State Legislatures 

Formal qualifications for most states’ legislature 

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Age, citizenship, residence

Usual term for State legislators 

2 or 4 years

The 8 most important legislative powers        

1. 2. 3. 4. 5. 6. 7. 8.

tax spend borrow police establish courts define crimes and provide punishment regulate commercial activities maintain public schools

Non- legislative functions of state legislatures 

1. Approve Governor’s appointments

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2. Impeachment

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3. Constitution-making and amending

Committee System in State legislatures 

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How does it work?

Laws are referred to committees for recommendation to full houses, similar to Congress

Where do bills originate from? 

All kinds of public and private sources 

i.e. – MADD, SADD, etc.

Terms  

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1. Constituent Power - constitution-making power 2. Police Power - State’s power to protect and promote public health, safety, morals, and welfare 3. Referendum - Process by which a legislature sends bills to the electorate for approval

Section 3 The Governor and State Administration

Powers of The Governor Executive 1. Appointment and removal of key assistants 2. Supervise staffs of executive branch 3. prepare and submit budget 4. commander in chief of State National Guard 

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Legislative - 1. recommend legislation - 2. call special sessions of legislature - 3. veto bills Judicial - 1. commute - 2. reprieve - 3. pardon - 4. parole

Terms  

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Reprieve - to postpone a sentence Pardon - Release a person of legal consequences of a crime

Parole - Release a prisoner short of the completion of their sentence Commutation - to reduce a sentence

Section 4 In the Courtroom Kinds of Laws in State Courts 1. constitutional law - body of law based on the U.S. and state constitutions and judicial interpretations of them 

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2. statutory law - body of law based on statutes enacted by legislative bodies

Kinds of Laws cont.  

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3. administrative law - rules, orders, and regulations issued by executive branches of government 4. common law - the unwritten, judge-made law that has developed over the centuries

5. equity - body of law that provides remedies for wrongs before they occur

Criminal and Civil Law   

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Two Kinds of Crimes

1. felonies - serious crimes

2. misdemeanors - lesser offenses What is civil law? Disputes between individuals and between individuals and governments 

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Jury System What does a grand jury do? They determine whether the facts of a case warrant bringing a criminal case to trial 

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How have petit juries changed over the years? They used to be all men (12) Now they are men & women and may only be 6 in number

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How are petit jury members chosen? They are selected from various lists of citizens in a community 

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Precedents & Common Law 

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What is a precedent and what part does it play in common law?

Following precedent is abiding by earlier court decisions as they have been handed down over the years by judges Precedents create a body of law known as common law