American Government
Chapter 24
Governing the States
Section 1
State Constitutions

5 Main Categories by which all State constitutions
can be described

1. popular sovereignty & limited government

2. protections of civil rights

3. structure of state government

4. powers of the branches of State government

5. process of constitutional change
Amending the State constitutions
Amendments can be proposed by:
1. constitutional convention
2. legislature
3. voters





Amendments can be ratified by:
 A vote of the people
Statutory and Fundamental Law




Statutory laws
- laws passed by the legislature
Fundamental laws
- laws of basic and lasting
importance that should be in a
constitution
Terms






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


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

2. Impeachment

3. Constitution-making and
amending
Committee System in State
legislatures


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






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















Legislative
- 1. recommend legislation
- 2. call special sessions of legislature
- 3. veto bills
Judicial
- 1. commute
- 2. reprieve
- 3. pardon
- 4. parole
Terms








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





2. statutory law
- body of law based on statutes
enacted by legislative bodies
Kinds of Laws cont.






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





Two Kinds of Crimes
1. felonies
- serious crimes
2. misdemeanors
- lesser offenses
What is civil law?
Disputes between individuals and between
individuals and governments


Jury System
What does a grand jury do?
They determine whether the facts of a case
warrant bringing a criminal case to trial


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



How are petit jury members chosen?
They are selected from various lists of citizens in
a community


Precedents & Common Law



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