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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
All the activities in the notebook are designed for whole-class lecture, discussion, and interaction or individual
self-discovery learning.
Answer Key
SPOTLIGHT ON CONTENT VOCABULARY
Student answers will vary.
LESSON 1: LESSON KICKOFF ACTIVITY
Definition:
Illustration:
10th Amendment -- powers not granted to the federal
government nor prohibited to the states by the Constitution are
reserved, respectively, to the states or the people.
Student illustrations will vary.
Definition:
Student illustrations will vary.
Article VI – Supremacy Clause – This basically states that the
Constitution is the supreme law of the land.
1.
The 10th Amendment describes the constitutional principle of federalism, wherein the federal government and state
governments each have their own powers and shared powers. The Supremacy Clause comes into play because states cannot
pass laws or conduct any business that conflicts with the U.S. Constitution, because the U.S. Constitution is the supreme law
of the land.
2.
James Madison included the amendment to ensure powers that were not specifically given to the national government went
to the states. Even though the Constitution strengthened the power of the central government, he also did not want to
completely minimize the power of the states.
3.
Student responses will vary.
LESSON 1: ACTIVE NOTE-TAKING ACTIVITY
Federal and State Powers
Guiding Question: How does the federal system allow the national and state governments to share power?
Article IV of the Constitution discusses the limits of state power as well as offers states
1. Which article of the U.S.
certain protections.
Constitution limits the power of
the states while offering states
protections?
p. 355
2. List and describe the three
kinds of power the federal
government has.
p. 356
Expressed: These are
powers listed in the
Constitution. (Article I,
Section 8)
Implied: These are powers
that are not listed in the
Constitution, but can be
based on it.
Inherent: These are
powers the government
has simply because it is a
government.
1
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
3. Reserved powers are given
only to the states. Which
amendment explains this? What
does it say?
p. 357
4. What are some of the limits on
the power of the states?
p. 357
5. Explain ways that the federal
and state governments work
together.
p. 358
The 10th Amendment discusses reserved powers. It states that all powers not given to
the federal government are reserved for the states.
States cannot declare war, issue their own money, impose taxes on imports/exports,
make treaties with other countries, nor take away the rights of citizens without due
process. Another limit to state powers comes from Article VI, the supremacy clause.
State law cannot conflict with the words of the Constitution or with a federal law.
Each year the federal government gives billions of dollars to states in grants-in-aid.
This is money used to meet goals set by Congress. The grants might be for education,
healthcare, or other purposes. Some grants give specific instructions to the states.
There have been instances in which state governments do not want to follow certain
laws Congress has passed. For example, many states resisted the Real ID Act passed in
2005. Within a few years, over half the state legislatures had formally protested the law.
The State Constitutions
Guiding Question: What characteristics do all state governments share?
6. What are the similarities in all
state constitutions?
pp. 358-359
7. What are some of the
differences among state
constitutions?
p. 359
All state governments split their governments into three branches. The constitutions
describe the powers of each branch. In addition, they also list the specific rights
guaranteed to state citizens. Florida calls this list the Declaration of Rights. It is nearly
three times longer than the Bill of Rights. (FL has more than 100 amendments)
State constitutions vary in length. Sometimes they are longer because they are more
specific and detailed. Alabama has the longest state constitution and has added more
than 800 amendments
The Constitution of Florida
Guiding Question: How does the Florida constitution compare to the U.S. Constitution?
The first constitution in Florida was drafted in 1838.
8. When was Florida’s first
constitution drafted?
p. 360
9. The Florida constitution has
changed six different times since
1838. What were some of the
major changes made to it?
pp. 360-361
Florida adopted a new Constitution after the Civil War in 1868. It outlawed slavery and
gave voting rights to all male citizens 21 and over. In 1885, Florida limited voting rights
by putting a tax on voting (poll tax). This constitution lasted more than 80 years. In
1968, a new constitution was ratified and it reorganized the governor’s cabinet, created
a new board of education, and set clear rules for elections and voting.
Florida’s current constitution has been in effect for more than 40 years.
10. How long has Florida’s
current constitution been in
effect?
p. 361
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
11. There are twelve articles in
the Florida constitution. List and
explain what the twelve articles
describe or set up.
pp. 361-362
Article I: Lists the rights guaranteed to all its citizens. These are very similar to the Bill
of Rights, but also include rights of crime victims, taxpayer bill of rights, and a definition
of marriage.
Article II: General Provisions, defines state boundaries and the location of the state
government. It states the official language is English, sets rules for public officials, and
protects Florida’s natural resources, and beauty.
Article III, IV, V: These establish the three branches of government
Article VI: Describes voting and election rules. Florida’s constitution addresses
campaign funding and spending limits.
Article VII: Gives tax rules for state and local governments.
Article VIII: Describes the organization and powers of county and municipal
governments in the state. Each county is to be governed by a board of county
commissioners. The commissioners are to be elected by the people and serve 4-year
terms. It also says that counties may draft their own charters, or type of constitution, as
long as they don’t conflict with the state constitution.
Article IX: Creates Florida’s public schools and state university system. It stresses that
the state must provide a good education to all children “residing within its borders.”
Article X: This is titled Miscellaneous. It has 27 sections covering a broad range of
topics such as lotteries, minimum wage, and animal cruelty.
Article XI: Explains that Florida’s constitution requires a review every 20 years to see if
it still meets the state’s needs. The review commission has 37 members.
Article XII: This article is titled Schedule, which lays out the complex process for
moving from 1885 to the 1968 constitution. Issues in this article include: preserving
laws, transferring jobs, and dealing with money such as taxes and investments.
LESSON 1: FLORIDA CONSTITUTION SEARCH
Question
Answer
Where did you find it?
Victims of crime or their lawful
representatives, including the next of kin
of homicide victims, are entitled to the
right to be informed, to be present, and
to be heard when relevant, at all crucial
stages of criminal proceedings, to the
extent that these rights do not interfere
with the constitutional rights of the
accused.
Article 1, Section 16
Article 1, Section 27
2. How is marriage defined in the state
of Florida?
Inasmuch as marriage is the legal union
of only one man and one woman as
husband and wife, no other legal union
that is treated as marriage or the
substantial equivalent thereof shall be
valid or recognized.
Article I, Section 1
3. Who holds all the political power in
the state of Florida?
All political power is inherent in the
people. The enunciation herein of
certain rights shall not be construed to
deny or impair others retained by the
people.
English is the official language of the
State of Florida.
Article II, Section 9
1. In the state of Florida, victims of a
crime, their next of kin, and their lawful
representatives have what rights?
4. What is the official language of the
state of Florida?
3
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
5. Where is the seat of Florida’s
government? Whose offices are there?
6. What is the length of a typical
legislative session?
7. In which house do all bills originate in
the Florida legislature?
8. Who has the power to set the laws
about selling alcohol and intoxicating
liquors in each county?
9. Which is the class-size amendment ?
What is the maximum number of
students you can have in a middle
school classroom?
10. How long after laws are passed in
the state of Florida do they go into
effect?
11. How old must you be to serve as a
legislator in Florida? (Both houses)
The seat of government shall be the City
of Tallahassee, in Leon County, where
the offices of the governor, lieutenant
governor, cabinet members and the
supreme court shall be maintained and
the sessions of the legislature shall be
held; provided that, in time of invasion
or grave emergency, the governor by
proclamation may for the period of the
emergency transfer the seat of
government to another place.
A regular session of the legislature shall
not exceed sixty consecutive days, and a
special session shall not exceed twenty
consecutive days, unless extended
beyond such limit by a three-fifths vote
of each house. During such an extension
no new business may be taken up in
either house without the consent of
two-thirds of its membership.
Any bill may originate in either house
and after passage in one may be
amended in the other.
Local option on the legality or
prohibition of the sale of intoxicating
liquors, wines or beers shall be
preserved to each county.
The maximum number of students who
are assigned to each teacher who is
teaching in public school classrooms for
grades 4 through 8 does not exceed 22
students…
Each law shall take effect on the
sixtieth day after adjournment sine
die of the session of the legislature in
which enacted or as otherwise
provided therein. If the law is passed
over the veto of the governor it shall
take effect on the sixtieth day after
adjournment sine die of the session in
which the veto is overridden, on a
later date fixed in the law, or on a date
fixed by resolution passed by both
houses of the legislature.
Each legislator shall be at least twentyone years of age.
Article II, Section 2
Article III, Section 3
Article III, Sect 6
Article XIII, Section 5
Article IX, Section 1
Article III, Section 9
Article III, Section 15
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
12. Who recommends a budget for each
fiscal year?
13. Which offices make up the
governor’s cabinet in the state of
Florida?
14. How many justices are there in the
Florida supreme court?
15. At what age does the state of Florida
require justices to retire?
16. Who has the power to fill vacancies
in the judicial branch?
17. What oath must citizens take upon
registering to vote?
The governor recommends a budget for
each fiscal year.
There shall be a cabinet composed of an
attorney general, a chief financial officer,
and a commissioner of agriculture.
The supreme court shall consist of seven
justices.
No justice or judge shall serve after
attaining the age of seventy years except
upon temporary assignment or to
complete a term, one-half of which has
been served.
Whenever a vacancy occurs in a judicial
office to which election for retention
applies, the governor shall fill the
vacancy by appointing for a term.
Each eligible citizen upon registering
shall subscribe the following: “I do
solemnly swear (or affirm) that I will
protect and defend the Constitution of
the United States and the Constitution
of the State of Florida, and that I am
qualified to register as an elector under
the Constitution and laws of the State of
Florida.”
18. Which five main county officers are
specified by the Florida constitution?
There shall be elected by the electors of
each county, for terms of four years, a
sheriff, a tax collector, a property
appraiser, a supervisor of elections, and
a clerk of the circuit court.
19. Who selects the superintendent of
schools for each county in Florida?
In each school district there shall be a
superintendent of schools who shall be
elected at the general election in each
year the number of which is a multiple of
four for a term of four years.
20. How does the Florida constitution
define “Florida waters”?
“Florida waters” means the waters of the
Atlantic Ocean, the Gulf of Mexico, the
Straits of Florida, and any other bodies of
water under the jurisdiction of the State
of Florida, whether coastal, intracoastal
or inland, and any part thereof.
Article III, Section 19
Article IV, Section 4
Article V, Section 3
Article V, Section 8
Article V, Section 11
Article VI, Section 3
Article VIII, Section 1
Article IX, Section 5
Article X, Section 16
5
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
21. What is the minimum wage in the
state of Florida?
The minimum wage is established at an
hourly rate of $7.67.
Article X, Section 24
LESSON 2: LESSON KICKOFF ACTIVITY– COMPARING WHEAT TO ORANGES
FLORIDA
KANSAS
Describe the geography and environments of Florida vs. Kansas.
(landforms, waterways, location, population, etc.)
Peninsula – surrounded by water on 3 sides
Landlocked state
Lake Okeechobee and other lakes; river systems
Located in the Midwest; Great Plains – average 2,000 ft
Land is at sea level
elevation
Hurricanes are always a threat
Tornadoes and dust storms are a threat
Large influx of immigration – added 2 seats to the House
Population has not really changed
after the 2010 census
Immigration not really an issue because of location
Tourism fuels the economy
River systems
Mild climate
Land Use/Resources: Crops, livestock, wheat & grains, coal,
Land Use/Resources: fishing, citrus farming, cattle grazing, natural gas
ranching, manufacturing and trade, forest products
The Everglades – large losses since 1911; swampy
marshland
Southeastern region of the U.S
Answers will vary, but may include:
- Emergency plans for tornadoes/dust storms
- Money and resources allocated to funding clean air resources – natural gas
- May discuss relationships with surrounding states; close proximity requires cooperation
Answers will vary, but may include:
- Emergency plans for hurricanes and other potential natural disasters
Fishing and maritime laws
Trading and port inspections and laws
Immigration control laws
Protecting/preservation of the Everglades
LESSON 2: ACTIVE NOTE-TAKING GUIDE
How Legislatures Function
Guiding Question: What are the functions of state legislatures?
Nebraska is the only state to have a unicameral legislature.
1. Which is the only state to
have a unicameral
legislature?
p. 364
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
2. What is the term of office
for most state senators
and representatives? What
are the age requirements?
p. 364
3. What role does the census
play in redistricting?
p. 365
4. What role did the Supreme
Court case Baker v. Carr
play in
malapportionment?
p. 365
5. When do state legislatures
meet?
p. 366
6. What are some
responsibilities of state
legislators?
p. 366
7. What kind of legislative
power do citizens of each
state have?
p. 367
Most state senators have a 4-year term and representatives have a 2-year term.
Minimum age for state senators and representatives ranges from 18 to 25 years old.
A census is taken every 10 years to count all Americans. Census results are the basis for
drawing district boundaries that will apply for the next 10 years. Working out these
legislative districts is called redistricting.
Baker v. Carr (1962) – citizens in Tennessee’s largest cities asked that the state’s
legislative boundaries be redrawn to better reflect population shifts from rural areas to
cities. The Court ruled that state legislative districts had to be roughly equal in terms
of population. That ruling affected all states. It resulted in the redrawing of legislative
boundaries throughout the country. The goal was to try to ensure that each citizen in
a state has an equal voice in government.
State legislatures meet during legislative sessions. Sessions last a few months and
members can agree to extend it, if necessary. Sometimes special sessions are called for
a specific purpose.
*Approve people named by the governor to fill state offices.
*Work for the people of their district.
*Chief job – make laws – laws must be passed in both houses, then signed by the
governor. The process is similar to the process followed by Congress.
Citizens have the power to vote on legislative referendums. Referendums allow them
to vote to approve or reject a law in their state. In addition, citizens can petition for a
popular referendum. This tool allows voters to decide if they want to repeal a law that
some people object to.
State Economic Issues
Guiding Question: What economic challenges do state legislators face?
8. What are states’ major
sources of income?
p. 367
Taxes
Income taxes – Some states tax the
9. List and describe the two money people earn from working and
from other sources.
main types of taxes.
p. 367
Sales tax – People pay sales tax when
they purchase goods. Nearly all states
have a sales tax, ranging from 3 percent
to 8 percent. (Many large cities also have
a separate sales tax.)
States can get income by charging fees on such items as licenses to marry, drive, fish,
hunt, etc. In addition, many states have toll roads, which charge people a fee when
they drive on that road.
10. What are other ways that
states get income?
p. 368
State spending goes to pay for services. These services include aid to local
11. What does most state
governments, benefits to the poor and disabled, healthcare, education, and payrolls
spending pay for?
for state workers. States have other expenses, including providing police protection,
p. 368
maintaining roads, and keeping up state parks.
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
12. What are some of the
economic challenges state
governments face today?
p. 368
The national unemployment rate reached 10 percent. With fewer people working,
state income tax revenues fell. People without jobs had less money to buy products,
so state sales tax revenues also fell. People have less money to stimulate the economy.
At the same time, states face growing demands to pay for unemployment, healthcare,
and other needs.
LESSON 2: PROCESSING ACTIVITY
Student responses will vary.
LESSON 3: LESSON KICKOFF ACTIVITY
Student responses will vary.
LESSON 3: ACTIVE NOTE-TAKING ACTIVITY
The Governor
Guiding Question: What are the powers and duties of the governor?
1. Using the graphic web below, list and explain the 6 main roles of the governor.
pp. 370-371
Chief Executive – carries out
state laws; appoints officials;
proposes a budget
Commander-in-Chief – In
charge of the National Guard
(state militia)
Ceremonial Leader – Greets
important visitors; represents
the state
Governors’ Roles
Party Leader – Leads the
political party in the state
2. What is the difference between
a regular veto and a line-item
veto?
Legislative Leader – Proposes
legislation; approves and vetoes
legislation
Judicial Leader – offers pardons
and reprieves; grants parole
When a governor vetoes a bill, it is rejected in its entirety. A line-item veto means that
a governor can veto specific parts of the bill rather than the whole law. Lawmakers
can override the veto by rewriting and voting to pass the bill again.
p. 371
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
3. Who takes over if a governor
dies or leaves office before the
end of his/her term?
In 43 states, if the governor dies or leaves office, the lieutenant governor is next in line
to serve.
p. 371
State Executive Departments
Guiding Question: What is the role of the executives who head a state’s administrative departments?
4. Who chooses the officials that
head the executive departments
at the state level?
p. 372
These officials are elected by the citizens of the state.
5. How many major executive
officials do most states have? List
and describe each title and office.
pp. 372-373
1. Secretary of State –oversees state elections and the recording and publishing of all
laws; also keeps other official records
2. Attorney General – state’s chief lawyer; he/she leads the lawyers who represent
the state in legal matters
3. State Treasurer –handles and keeps track of the flow of money into and out of the
state government
4. State Auditor –reviews conduct of state departments and offices; makes sure work
is being done honestly and efficiently
5. Commissioner or Superintendent of Education –oversees the state’s public
school system; concerned with subject content in each grade and school-related
issues
6. Who makes up the cabinet?
When does it meet? What are the
members’ main responsibilities?
p. 373
The executive department officials make up the cabinet. The cabinet meets regularly
with the governor to give advice and share information. These officials from different
departments each bring special knowledge when discussing issues. The size of
cabinets varies widely, from fewer than 10 members to 75 in some states (NY).
LESSON 3: PROCESSING ACTIVITY
Student pages will vary depending on the year.
9
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
LESSON 4: LESSON KICKOFF ACTIVITY
Student responses to the metaphor may vary, but these are possible answers.
Metaphor
Cartoon/Illustration
The first place you would go to mediate the
situation is the _____Guidance Counselor’s
office______ , which can be compared to the
lower courts because he/she handles minor disputes
Student illustrations will vary
You are not satisfied with the outcome of the
mediation, so you appeal the decision and take
your situation to the Assistant Principal’s Office,
which is like the higher courts because he or she
Student illustrations will vary
and mediates discipline issues and other infractions.
has more power than the guidance counselor and can
review and override the decision the counselor made.
You feel as if your side is not really being heard
because you are just the “student” in the
situation. You decide to appeal the decision
made by the Assistant Principal and take your
situation to the Principal’s Office, which can be
compared to the state Supreme Court, because
Student illustrations will vary
You still feel that justice has not been served, so
you decide to take your situation to the top, to
the School Board , which can be compared to the
U.S. Supreme Court because that would be your
Student illustrations will vary
he/she is the head of the entire school and has the
most power there. He/She can override any decisions
made by Assistant Principal’s and Guidance
Counselors.
last resort. This is the last place you could go to
overturn any decisions made by your school leaders.
The School Board has jurisdiction over all the schools
in its district.
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
LESSON 4: ACTIVE NOTE-TAKING ACTIVITY
The Structure of State Courts
Guiding Question: How is the state’s judicial system organized?
1. Fill in the hierarchy of state courts in the pyramid structure below. List and describe the courts at
each level.
pp. 374-376
Supreme court – Every state has a supreme court. This
is the highest court in each state. This court hears
appeals from the intermediate appellate courts. State
supreme courts generally issue written explanations of
their rulings. They hear both civil and criminal cases.
State supreme courts are often called “courts of last
resort,” but that is not entirely true, because someone
who loses an appeal can sometimes take their case to
the U.S. Supreme Court.
SUPREMECOURT
Higher courts – These can be either trial courts or
appellate courts. In an appellate court, the party who
lost the case in the lower court appeals the decision.
The court decides whether errors might have been
made in applying the law.
Higher level courts handle more serious crimes called
felonies. Higher courts also handle civil cases that
involve large sums of money.
HIGHER COURTS
Lower courts – These are trial courts. In a trial court, a
judge or a jury listens to the evidence and reaches a
verdict or a decision in favor of one party or the other. A
court that covers an entire county is called a district
court. In cities, lower-level trial courts are called
municipal courts. These courts handle both civil and
criminal cases. The lower courts deal with simple crimes.
LOWER COURTS
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TEACHER’S GUIDE & ANSWER KEY Chapter 13
State Government
2. Why is it important for judges
to be free from bias?
p. 377
3. By what 6 ways are judges
selected to serve in trial courts?
p. 377
4. What is the term of office for
trial court judges?
p. 377
To be effective, judges must know the law and be unbiased. This means they must be
free from prejudices, so they can judge fairly. They are also expected to be independent
and to resist being swayed by political pressure.
1. Selected by state governors
2. Selected by state legislators
3. Selected by the state supreme court
4. Selected by city officials
5. Elected by voters
6. A mixed approach – an elected official chooses a judge for his/her first term on the
bench, but when the term ends, he/she must stand for election by the people
Terms of office vary. Among high-level trial judges, the term is usually six to eight years.
Terms may be as few as four years, but as many as ten.
5. How are appellate court judges About half the states elect appellate court judges; the other half allow the governor to
choose them. In some states, appointments by the governor must be approved by the
selected?
state legislature or some other governmental body.
p. 378
6. What is the term of office for
state supreme sourt judges?
p. 378
In 41 states, the judges serve terms of 6, 8, or 10 years. Some states give longer terms
to the Chief Justice. When their terms are over, judges have to be approved again to
continue to serve on the bench. Forty-one states require that judges be approved by a
popular vote.
LESSON 4: PROCESSING ACTIVITY – THE ROAD TO THE SUPREME COURT
Tony Parker was arrested at a local park for disorderly conduct. He was protesting the use of pesticides at the Grand
Flamingo Golf Course. The city park is located across US1 from the Grand Flamingo Golf. Tony’s signs said,
“Pesticide Genocide” and “Honk if you hate poison in your drinking water.” He was arrested on a complaint that said
he was interrupting the steady flow of traffic, because people were slowing down to look at his signs and his giddy
behavior.
1. This case would first go to the county/municipal court for the violation of the local ordinance/misdemeanor offense of
disorderly conduct. If convicted, Tony can appeal this decision.
2. If Tony decides to appeal, he would appeal to the circuit court of that district, then the district court of appeals.
3. If Tony decides to continue to appeal his case, it would then be heard by the Florida Supreme Court.
4. Tony decides to countersue the city, which includes the police department and the city park commission, for a
violation of his Freedom of Speech (First Amendment). Because this is a constitutional issue dealing with a municipality,
the U.S. Supreme Court could hear the case.
Student illustrations of this journey to the Supreme Court will vary.
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