Chapter 24: Governing the States
Section 1
Objectives
1. Examine the history, content, and
significance of the first State
constitutions.
2. Describe the basic principles common to
all State constitutions today.
3. Explain the procedures used to change
State constitutions.
4. Analyze why State constitutions are in
need of reform.
Chapter 24, Section 1
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Slide 2
Key Terms
• popular sovereignty: the principle that
the people are the sole source of authority
for government
• limited government: the idea that the
power of government must be closely
limited
• fundamental laws: laws, such as those in
constitutions, that are so basic and
important they cannot be changed as
easily as other laws
Chapter 24, Section 1
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Slide 3
Key Terms, cont.
• initiative: a process in which a minimum
number of qualified voters must sign a
petition in favor of a proposal, which then
goes to the ballot to be approved or
rejected by the people
• statutory law: a law passed in an ordinary
fashion by the legislature, as opposed to a
fundamental law
Chapter 24, Section 1
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Slide 4
Introduction
• What are the defining features of State
constitutions?
– They support popular sovereignty, limited
government, and separation of powers.
– They include a bill of rights.
– They describe the structure and powers of
government.
– They include procedures for amending the
constitution, as well as various miscellaneous
provisions.
Chapter 24, Section 1
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State Constitutions
• Each State has a written
constitution.
• The first constitutions
were based on colonial
charters.
• State assemblies drafted
all the current
constitutions and nearly
all were approved by
popular vote.
• Only 17 current State
constitutions were written
after 1900.
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Slide 6
State Constitutions Today
• Checkpoint: What are
the six elements of
State constitutions?
–
–
–
–
–
–
Basic principles
Governmental structure
Protection of civil rights
Governmental power
Provisions for change
Miscellaneous provisions
• State constitutions often
specify designs for
State symbols, including
the State seal.
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Principles and Protections
• Each State constitution supports
popular sovereignty, limited
government, and the separation of
powers among branches.
• Each State constitution includes a bill
of rights listing individual rights.
– Many of these rights are similar to those in
the federal Bill of Rights, but some States
include additional guarantees.
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Slide 8
Structure and Powers
• Each State constitution describes the
structure of both State and local
governments.
– Some constitutions simply outline this structure,
while others are quite detailed.
• The powers of each branch and the units of
local government are described in
considerable detail.
– Powers involving taxation, education, and
elections are very prominent.
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Change and Other Provisions
• Each State constitution describes the
process for changing that constitution.
• State constitutions also include so-called
miscellaneous provisions.
– Some of these are “dead letter” items that
have no effect today due to changes in
society.
– Many constitutions have schedules that
explain how revised constitutions should be
put into effect.
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Slide 10
State Constitutions
Chapter 24, Section 1
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State Constitutions, cont.
Chapter 24, Section 1
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Constitutional Change
• State constitutions can be changed:
– By amending part of the document
– By revising or rewriting a large part of the
document
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Constitutional Change, cont.
• Any formal change must be proposed.
– In most States, amendments are proposed by
the legislature.
– In 18 States, voters can propose their own
amendments using the initiative.
– State conventions are called to revise old
constitutions or write new ones.
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Ratifying Amendments
• Proposed amendments must be ratified before
becoming part of the constitution.
– In every State but
Delaware, it takes
a majority vote of
the people to ratify
a proposed
amendment.
Chapter 24, Section 1
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Slide 15
Constitutional Issues
• Checkpoint: What are the two main
problems of State constitutions today?
– Length: State constitutions have grown very
long as States have taken on new functions
and added new provisions to the document.
– Age: Some 35 States have constitutions more
than 100 years old. They include many
outdated provisions that no longer apply to
modern society.
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Slide 16
Need for Reform
• States need to distinguish between
fundamental law and statutory law.
– Only the most basic and important principles
need to be in a constitution.
– Yet many provisions of limited significance
are added to State constitutions instead of
being passed as ordinary laws.
– Interest groups favoring such laws want them
in the constitution, where they are harder to
change than ordinary laws.
Chapter 24, Section 1
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Need for Reform, cont.
• States need to revise their constitutions to cut
down on length and outdated material.
– Laws that are statutory rather than fundamental can
be removed.
– Obsolete provisions that no longer have effect can be
removed.
– Several States, such as Louisiana and Georgia, have
had several constitutions, each one rewritten and
revised.
Chapter 24, Section 1
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Review
• Now that you have learned about the
defining features of State constitutions, go
back and answer the Chapter Essential
Question.
– How much power should State government
have?
Chapter 24, Section 1
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Chapter 24: Governing the States
Section 2
Objectives
1. Describe State legislatures.
2. Explain the election, terms, and
compensation of legislators.
3. Examine the powers and organizations
of State legislatures.
4. Describe how voters may write and pass
laws through direct legislation.
Chapter 24, Section 1
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Slide 21
Key Terms
• police power: the State’s power to protect
and promote public health, safety, morals,
and general welfare
• constituent power: a power of the
legislature that does not involve
lawmaking, such as proposing a
constitutional amendment
• referendum: a process by which the
legislature refers a measure to the voters
for final approval or rejection
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Introduction
• What are the defining traits and purpose of
State legislatures?
– Every State but Nebraska has a bicameral
legislature.
– Each legislature has a combination of lawmaking
and nonlawmaking powers.
– Legislators are elected by popular vote and must
meet varying qualifications for age, citizenship,
and residence.
– Every legislative house uses committees to
review proposed laws and introduce them to
the floor.
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Legislative Structure
• States use different names for their
legislatures.
– The “legislature” and “General Assembly” are the two
most common names.
– Every State but Nebraska has a bicameral legislature.
– The upper house is always the Senate, while the
lower house is most often the House of
Representatives.
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Size
• A legislature needs to be large enough to
represent the many views and interests in
its State, but not so large that it cannot run
efficiently.
• Most State legislatures have between 100
and 150 members in the lower house and
30 to 50 members in the upper house.
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State Legislators
• Every State constitution sets out its own formal
requirements for age, citizenship, and residence.
– In most States, a
representative must be
at least 21 and a senator
at least 25 years old.
– State representative
Alisha Thomas Morgan
of Georgia was in her
early 20s when she
was first elected to
office.
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Elections
• Legislators are usually nominated by party
primaries and always elected by popular vote.
– The success of candidates is based on many informal
qualifications, such as party, religion, race, and
occupation.
• Legislators are elected from single-member
districts in their States.
– Each district must have roughly equal population.
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Terms and Sessions
• Legislators serve either two-year or four-year
terms.
– Representatives serve two-year terms in 44 States,
while Senators serve four-year terms in 38 States.
– Fifteen States have term limits for legislators.
• Most State legislatures meet each year for three
to five months.
– Legislatures can also be called into special session.
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Lawmaking Powers
• Each State legislature has all powers not
granted to other branches or denied by the State
or U.S. Constitution.
• Key legislative powers include:
– The power to tax, spend, borrow, establish courts,
define crimes, set punishments, regulate business,
and maintain public schools.
– The broad police power lets State legislatures protect
and promote public health, safety, morals, and
general welfare.
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State Laws and Daily Life
• State law governs many areas of daily life,
including, for example, the regulation of
drivers’ licenses and minimum wage laws
above the federal level.
– Why are these policies determined at the State level?
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Nonlawmaking Powers
• All State legislatures have some non-legislative
powers, often as part of the system of checks
and balances.
– Legislatures can approve or reject some appointed
officials.
– In almost every State the legislature can impeach any
State officer.
– Legislatures exercise the constituent power by
proposing constitutional amendments.
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Presiding Officers
• Checkpoint: What do a legislature’s presiding
officers do?
– Presiding officers refer bills to committee, recognize
members who want to speak on the floor, and
interpret and apply the rules of their house and its
proceedings.
– In the lower house of each State and roughly half the
upper houses, the presiding officer also appoints the
chairs and other members of each committee.
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Organization and Lawmaking
• Standing committees in
each house decide
which bills will go the
floor and which will not.
– Many proposed bills
come from public or
private sources outside
of the legislature.
– Only a legislator can
introduce them for
consideration.
Chapter 24, Section 1
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Initiative
• The initiative allows voters in some States to
propose amendments or ordinary laws.
• The most common form is the direct initiative.
– A certain number of voters must sign a petition to
propose a law.
– In the direct initiative, the measure then goes to the
voters for approval or rejection.
– In the rarer indirect initiative, the measure then goes to
the legislature.
Chapter 24, Section 1
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Initiative, cont.
• Voters in many States can write new laws or
prevent laws from taking affect through the
initiative.
– Why do you think many legislators oppose the
initiative process?
Chapter 24, Section 1
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Slide 35
Referendum
• In a referendum, the legislature refers a
measure to voters to be approved or rejected.
– A mandatory referendum applies to measures that must
be approved by voters.
– In an optional referendum, the legislature chooses to let
the public vote on a measure.
– In a popular referendum, citizens sign a petition
demanding a popular vote to approve or reject a law
already passed.
Chapter 24, Section 1
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Slide 36
Referendum, cont.
• Voters in many States can write new laws or
prevent laws from taking affect through the
referendum.
Chapter 24, Section 1
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Slide 37
Review
• Now that you have learned about the
defining traits and purpose of State
legislatures, go back and answer the
Chapter Essential Question.
– How much power should State government
have?
Chapter 24, Section 1
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Slide 38
Chapter 24: Governing the States
Section 3
Objectives
1. Describe the main features of the office
of the governor.
2. Summarize a governor’s roles, powers,
duties, and the limitations of the office.
3. List and describe the other executive
offices at the State level.
Chapter 24, Section 1
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Key Terms
• recall: a petition procedure by which voters
may remove an elected official
• item veto: the power to eliminate one or
more items from a bill without rejecting the
entire measure
• clemency: powers of mercy that may be
shown to persons convicted of a crime
• pardon: the power to relieve someone of the
consequences of a crime
Chapter 24, Section 1
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Key Terms, cont.
• commutation: the power to reduce a
sentence to a less severe punishment
• reprieve: the power to postpone the
execution of a legal sentence
• parole: the power to release a prisoner
before a sentence is completed
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Introduction
• What are the roles and powers of a
governor?
– Governors act as executives, administrators,
legislators, party leaders, and ceremonial figures.
– Many gubernatorial powers are executive in nature,
such as appointing and removing officials and
preparing the State budget.
– Governors also have some legislative and judicial
powers as part of the system of checks and balances
between government branches.
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Qualifications
• The formal qualifications for governor
are not many.
– One must typically be 25 or 30 years old,
have lived in the State for at least five years,
and be a qualified voter.
• Informal qualifications vary from State
to State.
– These include qualities such as race, sex,
religion, party, and experience.
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Overview of Governors
• Checkpoint: What are common
characteristics of governors?
– Today, most governors are white male
lawyers in their 40s and 50s.
– Most governors have been State legislators or
held another elected office.
– Only 29 women have been governors; eight
women are governors today.
– Only two African Americans have ever been
governors.
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Selecting the Governor
• Governors are elected by popular vote.
– Major party candidates are usually chosen in party
primaries. In some States they are picked by
conventions.
– In half the States, the governor and lieutenantgovernor run as a team.
• Most governors serve four-year terms and are
limited to two terms.
– In most States, if the governor dies or resigns, the
lieutenant governor becomes governor.
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Party Control
• The two major parties compete in gubernatorial
elections in every State.
• Which party did
your state’s
governor
belong to in
this year?
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Removal
• Governors can be
impeached or, in 18
States, recalled by
the voters in a
special election.
– In 2003 California
had a recall followed
by a special election
with 135 candidates.
Chapter 24, Section 1
Why did the cartoonist include a
clown in this picture?
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Slide 48
Executive Powers
• The governor shares executive powers with
other officials, many of whom are popularly
elected.
– The governor is thus “first among equals.”
• The governor commands a State’s national
guard units.
• The governor can appoint and remove many
State officials.
– Major appointees must often be approved by the
State senate and meet qualifications set by the
legislature.
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Executive Powers, cont.
• The governor is the State’s chief administrator,
ensuring that State laws are faithfully executed.
– Day-to-day administrative responsibility must be
delegated to State agencies supervised by the
governor.
• In most States the governor prepares the budget
that goes to the legislature for approval.
– This gives the governor great influence over State
spending.
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Slide 50
Legislative Powers
• The governor has three key legislative
powers.
– The message power lets the governor recommend
legislation through public appeals and State
addresses.
– Governors can call special sessions to deal with
extraordinary situations.
– Governors can veto bills passed by the legislature. In
most States a veto can be overridden by a two-thirds
majority of the legislature.
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Legislative Powers, cont.
• In most States,
governors have only a
few days to sign or veto
a bill.
– In most States a bill that
is neither signed nor
vetoed becomes law.
– Most States give
governors an item veto,
letting them strike out
part of a bill with out
vetoing the whole
measure.
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Slide 52
Judicial Powers
• Checkpoint: What are a governor’s judicial
duties?
– Most governors have several tools allowing them to
show mercy to people convicted of crimes.
– Governors can pardon a convicted person or
commute their sentence to a lesser punishment.
– They can also delay sentences with reprieves or
shorten them with parole.
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Slide 53
Miscellaneous Powers
• Governors have a number of time-consuming
duties not specified in their official powers.
– These duties come from the governor’s public status
and visibility.
– Governors receive official visitors and distinguished
guests.
– They also address many organizations, settle labor
disputes, promote State interests outside the State,
dedicate buildings, and endorse causes.
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Slide 54
Other Executive Officers
• Most States have the following four popularly
elected executive offices:
– Lieutenant governor: In half the States, this officer
presides over the senate. In many others this is a
part-time office that comes into play mainly when the
governor must be replaced.
– Secretary of State: The chief clerk and recordskeeper of the State, usually responsible for
administering election laws.
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Slide 55
Other Executive Officers, cont.
• The treasurer manages
the State’s funds and is
often the chief tax
collector and the person
who pays State salaries
and bills.
• The attorney general is
the State’s chief lawyer.
He or she acts as a legal
advisor, supervises local
prosecutors, and
represents the State in
court.
Chapter 24, Section 1
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Slide 56
Review
• Now that you have learned about the roles
and powers of a governor, go back and
answer the Chapter Essential Question.
– How much power should State government
have?
Chapter 24, Section 1
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Slide 57
Chapter 24: Governing the States
Section 4
Objectives
1. Identify and define the kinds of law
applied in State courts.
2. Compare and contrast criminal law and
civil law.
3. Describe the types and purposes of
juries and juror selection.
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Slide 59
Key Terms
• common law: unwritten law created by the
rulings of judges over a long period of time
• precedent: a guide to be followed in later,
similar cases
• criminal law: the branch of law that identifies
and defines crimes and their punishment
• felony: a serious criminal offense
• misdemeanor: a lesser criminal offense
• civil law: the branch of law that deals with
disputes that are not criminal in nature
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Slide 60
Key Terms, cont.
• tort: a wrongful act involving injury to
person, property or reputation
• contract: a legally binding agreement
• jury: a body of persons chosen to hear
evidence and decide questions of fact in a
court case
• information: a formal charge filed by a
prosecutor
• bench trial: a court case heard only by a
judge, without a jury present
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Slide 61
Introduction
• How do State and local courts apply
different types of law?
– State and local courts apply constitutional law,
statutory law, administrative law, common law, and
equity.
– They also deal with criminal and civil cases.
– Courts use grand and petit juries to decide matters of
fact in cases.
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Slide 62
Types of Law
• Constitutional law is based on the U.S.
Constitution, the State constitutions, and their
interpretation by judges.
• Statutory law is made up of laws enacted by
legislative bodies such as the U.S. Congress,
State legislatures, the people, and local
governments.
• Administrative law is made of rules, orders,
and regulations issued by executive officers.
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Slide 63
Common Law and Equity
• Common law is unwritten, made by judges over
time, and is based on general ideas of right and
wrong.
– State courts apply common law unless it conflicts with
written law.
– Each court decision sets a precedent that influences
later common law.
• Equity is a type of unwritten law that tries to
stop wrongful acts before they occur.
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Slide 64
Criminal Law
• Criminal law identifies and defines crimes
and sets punishments for them.
– Crimes are public wrongs serious enough to be
banned by law.
– Felonies are the most serious offenses with the most
severe punishments. They include murder, robbery,
assault, and kidnapping.
– Misdemeanors are lesser offenses with lesser
punishments. They include disorderly conduct or
traffic violations.
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Slide 65
Civil Law
• Civil law deals with non-criminal disputes
between private persons and between
private persons and government.
– Tort law deals with wrongful acts that injure one’s
person, property, or reputation, such as a car
accident.
– Contract law deals with legally binding
agreements in which one party agrees to do
something with or for another party.
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Slide 66
Chapter 24, Section 1
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Juries
• Checkpoint: What does a jury do?
– In general, a jury hears evidence and decides
questions of fact in a court case.
– A grand jury decides if there is enough evidence
against a person to justify a trial. It is used only in
criminal cases.
– A petit jury acts as the trial jury, and is used in
both criminal and civil cases.
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Grand Jury
• Grand juries meet in secret.
– Jury members hear testimony and evidence and may
question witnesses.
– A majority of jury members must agree before making
any formal accusations, or indictments.
– They then report their findings, including any
indictments, to the court.
• Due to the cost of grand juries most States
use “the information,” a formal charge filed by
a prosecutor.
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Slide 69
Petit Jury
• A petit jury decides
the disputed facts in
a case.
• The number of jurors
can vary.
– The traditional number
is 12, but it can be as
few as 6 in some
States.
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Slide 70
Petit Jury, cont.
• In more than a third of the States, a jury
can reach a majority verdict rather than a
unanimous one.
– If a jury cannot reach a verdict, the case is
either retried with a new jury or dropped.
• Minor criminal and civil cases are often
heard at a bench trial, with no jury.
– In some States serious crimes can receive a
bench trial if the accused person allows it.
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Slide 71
Jury Selection
• Jury selection is the same in most States.
– Potential jurors are chosen from a list of eligible
citizens.
– Each person receives a court order to appear before
the court.
– The court eliminates those with good reasons not to
serve, such as age, illness, criminal records, or for
whom jury service would mean great hardship.
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The Role of Juries
• Many States are moving away from
jury trials.
– Jury critics say the process takes too much time
and money and that juries are often unreliable.
– Jury supporters say that juries have a long
tradition of providing fair trials and that they give
citizens a chance to take part in the justice
system.
Chapter 24, Section 1
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Slide 73
Review
• Now that you have learned about how
State and local courts apply different types
of law, go back and answer the Chapter
Essential Question.
– How much power should State government
have?
Chapter 24, Section 1
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Slide 74
Chapter 24: Governing the States
Section 5
Objectives
1. Explain how State courts are organized
and describe the work that each type of
court does.
2. Examine and evaluate the different
methods by which judges are selected
among the States.
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Key Terms
• Justice of the Peace: the lowest level of
State judges, who preside over justice
courts
• warrant: a court order making some
official action legal
• preliminary hearing: the first step in a
major criminal prosecution, where the
judge decides if the evidence is enough to
hold the accused for further action
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Slide 77
Key Terms, cont.
• magistrate: judges serving urban courts
that handle misdemeanors and minor civil
complaints
• appellate jurisdiction: jurisdiction based
on hearing appeals of cases already
decided in trial courts, rather than trying
original cases
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Slide 78
Introduction
• How are the State and local courts organized
and staffed?
– At the top is the State supreme court, followed by the
intermediate appellate courts and the general trial
courts.
– Minor civil and criminal offenses are handled by
magistrates, Justices of the Peace, and municipal
courts.
– Most courts serve judicial districts organized by
geography.
– In some States, courts are organized by case type.
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Slide 79
JPs and Magistrates
Justices of the Peace
(JPs)
Magistrates
Serve in small courts in
smaller towns and rural
areas
Handle minor cases
Serve in small courts in
urban areas
Handle minor cases
Preside over justice courts Preside over police courts
Elected by popular vote
and hear misdemeanor
and minor civil cases
Chapter 24, Section 1
Elected by popular vote
and hear misdemeanor
and minor civil cases
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Slide 80
Municipal Courts
• These courts are
found in many cities—
they hear
misdemeanors and
many civil cases.
• They are organized
into divisions that
specialize in cases
such as criminal,
civil, small claims,
probate, and traffic.
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Slide 81
Juvenile Courts
• Minors—those under 18 years of age—are often tried in
juvenile courts rather than adult courts.
• Juvenile courts are designed to deal with the special
needs of young people.
• They focus on rehabilitation more than punishment.
• Recently, more States have allowed minors to be tried in
adult courts in an effort to fight juvenile crime.
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Slide 82
Juvenile Courts, cont.
1800s Young people
accused of serious crimes
were jailed with adults, and
those as young as seven
could be tried and sentenced
in criminal courts.
1974 Congress passes the
Juvenile Justice and
Delinquency Prevention Act
requiring that young people
be jailed separately from
adults.
1899 Cook County, Illinois
creates the first juvenile
court. The court protects
both public safety and the
needs of the juveniles
accused of crimes.
Today While juvenile courts
still flourish, States
increasingly allow juveniles
accused of serious crimes to
be tried and sentenced in
adult courts.
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Slide 83
Juvenile Courts, cont.
• Juvenile courts arose from decades of struggle
at the State level to adapt and reform the
criminal justice system.
• Why do you think
reformers sought
separate jails and
prisons for young
people?
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General Trial Courts
• Most major civil and criminal cases are
heard in general trial courts.
• Each State is divided into judicial districts,
each with a trial court.
– These general trial courts are the first to hear
most of their cases.
– Cases are tried before a single judge, most
often with a trial jury present.
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Intermediate Appellate Courts
• Intermediate appellate courts of appeal stand in between
trial courts and the State supreme court.
• They most often review appeals of cases first decided in
State trial courts.
• Rather than holding trials, appellate judges study legal
briefs and hear oral arguments from the lawyers in each
case.
• Their job is to decide if the law was properly applied in a
case.
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Slide 86
State Supreme Court
• The State supreme
court reviews appeals
of cases decided by
lower State courts.
– It has the final say in
matters of State law—
few of its cases are
appealed to the U.S.
Supreme Court.
– Justices are either
appointed by the
governor or elected by
the people.
Chief Justice Leah Sears
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Slide 87
Unified Court System
• Checkpoint: Why do some States have a unified
court system?
– Most State court systems are arranged by
geography.
– In a unified court system, there is one court for
the entire State, divided into different levels.
– At each level, divisions are set up to hear specific
types of cases—such as criminal or juvenile.
– This lets judges specialize in handling cases for
which they are best suited.
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Slide 88
Selecting Judges
• Checkpoint: What are the two main ways
that judges are selected?
– Most are selected by popular election.
– About a fourth of all State judges are
appointed by State governors.
– Governors also appoint replacements when a
judge dies or resigns midterm and must be
replaced.
– In two States, the legislatures choose most or
all of the judges.
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Slide 89
Selecting Judges, cont.
• Supporters of electing
judges argue that it
best represents the
will of the people and
enforces separation
of powers.
• Supporters of
appointing judges
argue that it results in
more qualified judges.
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The Missouri Plan
• The Missouri Plan combines the election and
appointment of judges.
• The governor appoints the justices of the State
supreme court, the court of appeals, and many
trial court judges, choosing from a list of
candidates recommended by a judicial
commission.
• After at least a year, voters then decide whether
to keep or remove each judge.
• Some form of this plan is used in over half the
States.
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Slide 91
Review
• Now that you have learned about how the
State and local courts are organized and
staffed, go back and answer the Chapter
Essential Question.
– How much power should State government
have?
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