Executive and Judicial Branch of
the State
13.3; 13.4
Executive Branch
• To be governor, a person must be at 25 to 30 years
old, an American citizen, and a resident of the
state
• Terms are 4 years, and some states limit the
amount of times a person can serve as governor.
Executive Branch
• The governor’s role is similar to the President. He
oversees the executive branch and makes sure
laws are enforced
• The governor is the commander-in-chief of the
state militia/National Guard.
• He also has the ability to appoint hundreds of
officials to carry out the states day to day work
Departments under PA Governor
Probation and Parole
State Parks
Aging
Agriculture
Banking
Community and Economic
Development
• Conservation
• Corrections
• Education
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Environmental Protection
General Services
Health
Insurance
Labor/Industry
Military/Veteran’s Affairs
Public Welfare
Revenue
State
Transportation (PENNDOT)
Departments under PA Governor
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Fish and Boat Commission
Game Commission
Gaming Control Board
Liquor Control Board (LCB)
Historical/Museum Commission
Public Utility
State Police
Turnpike Commission
Executive Branch
• The governor’s greatest
source of executive power is
the budget.
• Just like the Federal
government the legislative
branch has to approve the
budget
• However, since the governor
writes the budget, he or she
holds power over many
agencies and programs
Executive Branch
• The governor has the power to propose legislation
in the form of a bill, a budget, or speech
• Just like the President, the governor can veto a
bill
• However, unlike the President, the governor can
perform an item veto, which is the power to reject
particular parts
Executive Branch
• Other officials within the Executive Branch are a
lieutenant governor (like the vice president)
• There is also an Attorney General, and State
Treasurer
• The President may select his ‘cabinet’ but many
states open the offices to public election
Pennsylvania Executive Branch
• Governor: Tom Wolf
• Lt. Governor: Michael
Stack III
• Attorney General: Josh
Shapiro
• Treasurer: Joe Torsella
• Auditor General: Eugene
DePasquale
Governors of Pennsylvania
1. Thomas Mifflin
47. Tom Wolf
Judicial Powers of the Governor
• The governor can show clemency which is
showing mercy to persons convicted of a crime
• A pardon can be issued which is relieving someone
of legal consequence of a crime
• The governor can also commute a sentence like
converting a death sentence to life, or releasing
someone based on time served
Judicial Powers of the Governor
• The governor can also issue a reprieve which can
be to postpone an execution
• Parole can be granted to a prisoner which is the
shortening of a prison sentence
STATE JUDICIAL SYSTEM
State Courts and the Law
• The highest form of law in the US is
Constitutional law.
• Statutory law consists of statutes (laws) enacted
by US Congress, state congress, and local
government
• Administrative law is composed of the rules,
orders, and regulations issued by federal, state, or
local executive officers
State Courts and the Law
• Common law is unwritten, judge-made law that
has developed over centuries from those generally
accept as right and wrong
• It will cover all aspects of human conduct
State Courts and the Law
• Both state and federal systems of government
follow the same rule. A precedent is a guide to
follow in similar cases unless a compelling reason
calls for another decision
The Use of Precedent
How did previous cases inform the Allegheny v.
ACLU ruling?
Types of Law
• Criminal law is the branch of government that
regulates human conduct
• There are 2 types of crimes:
• Felony and misdemeanor
Pennsylvania State Court System
• Justices of the Peace are on the lowest
rung of the state ladder
• JP’s are popularly elected
• Mostly try misdemeanors
• JP’s will issue warrants
• Magistrates are the city equivalent of
JP’s and perform the same tasks
Trial
Courts
Pennsylvania State Court System
• Municipal courts is citywide
• Municipal courts are organized into
divisions like civil, criminal, small
claims, traffic, and probate
• Small claims courts are designed for
situations for people to bring a claim
for little or no cost
Trial
Courts
Pennsylvania State Court System
• General trial courts are the courts of
‘first instance’
• Cases heard in trial courts are heard in
front of a single judge and a trial jury
Trial
Courts
Pennsylvania State Court System
Court of
Appeals
Trial
Courts
• Appeals from the minor courts
• Appeals not exclusively assigned to
another court
• Appellate courts at the state level
operate the same way as they do at
the federal level
• Typically 3 judges hear a case
examining if the Constitution was
properly applied
Pennsylvania State Court System
Supreme
Court
Courts of
Appeals
Trial Courts
• The state supreme court follows the
same procedure of the US Supreme
Court
• Cases are heard on appeal and the
State Supreme Court does not have
to hear a case
Pennsylvania State Court System
Supreme Court: 7 Judges
Commonwealth Court: 9
Judges
Superior Court: 15 Judges
Courts of Common Pleas:
451 Judges
Minor Courts: 527 Judges
State Courts
• Advantages of having judges run for election
• 1. An elected judge is responsible to the public
• 2. Election checks the power of a governor
State Courts
• Disadvantages of having judges run for election.
• 1. Judges become more political than judicial
• 2. Judges must run for office meaning that they
wish to please the people more than the law
PA Supreme Court
PA Supreme Court
• The Pennsylvania Supreme Court consists of seven
justices, each elected to ten year terms.
• The justice with the longest continuous service on
the court automatically becomes Chief Justice.
• Justices must step down from the Supreme Court
when they reach the age of 70, although they may
continue to serve part-time until 78.
Justice
Elected
Retention
Reaches 75
Christine
Donohue
2015
2025
Dec. 2027
Thomas Saylor
(Chief Justice)
1997
2017
Dec. 14, 2021
J. Michael
Eakin
2001
Final Term
Nov. 2018
Max Baer
2003
Final Term
Dec. 2022
Debra Todd
2007
2017
Oct. 2032
David Wecht
2015
2025
May 2037
Kevin
Dougherty
2015
2025
May 2037