Chapter 8: State Courts And Constitutions

Chapter 8: State Courts and Constitutions

Tasks: Mapping, Historical Trends, Univariate, Cross-tabulation Data Files: STATES, USTREND, GSS, NES

State Courts

The basic function of state courts is to interpret and apply the law to resolve conflicts. The law includes regulations contained in state constitutions, legislative enactments, administrative rules and previous “judge-made” laws. The conflicts may be over major questions of public policy, the rights of citizens or over questions of guilt or innocence.

States and federal courts play key roles in resolving these conflicts within American society. They are often deeply involved in politics because many of their decisions determine who get what, where and how. For example, through the years the Supreme Court has often stirred up controversy by making decisions many feel usurped the powers of state and local governments. One such decision involved school prayer.

[insert MicroCase graphic 8.1]

> Data File: GSS > Task: Univariate > Primary Variable: 41) SCH.PRAY.1 > View: Pie

Although it has been more than 40 years since the Supreme Court prohibited prayer in the public schools (1962), most Americans do not believe the decision was correct. A significant majority (60.3%) favor prayer in public schools. This is true even though the wording of the question is written in a way that supports the Court’s position since it does not ask about simply allowing prayer or Bible reading but rather with laws requiring prayer or Bible reading.

Although many of the controversial court rulings we hear most about come from the U.S. Supreme Court, there are many legal issues at the state and local level that concern Americans as well. One of these involves the rights of criminals.

Data File: GSS Task: Univariate > Primary Variable: 17) COURTS? > View: Pie

As you can see, an overwhelming number of Americans accuse the courts of not being sufficiently harsh in their treatment of criminals.

1 For many interest groups the access to state courts is more important than access to legislators or bureaucrats. One contentious issue in which this is true is abortion.

Data File: GSS Task: Univariate > Primary Variable: 42) ABORT ANY > View: Pie

Although abortions have been legal in the United States since Roe v. Wade in 1973, this landmark decision still has not gained general public acceptance. Here you see that a large majority of (58.4) do not favor allowing women legal abortions for any reason. Thus, for Pro- Choice interest groups, the courts which have upheld Roe v. Wade for these many years are the key political arena for maintaining their point of view in the face of opposition from the public.

When you think about it, it’s not too difficult to see that state courts deal with many issues that most directly affect our everyday lives. For example, most criminal court cases are decided in state courts because most crimes are violations of state laws. In addition, virtually all cases dealing with domestic relations (divorce, adoption, and child custody) are heard by state courts. Questions of property ownership (contracts, zoning, wills and estates, and automobile accidents) all originate in the state courts.

State Courts: Jurisdiction and Organization

All states have trial courts that initially hear cases and appeals courts that may review the decisions of the lower courts. State courts hear and decide the bulk of civil and criminal cases in the U.S. The courts and cases are usually governed by state laws. Federal courts normally abstain in cases where both the state and federal law are involved.

The cases heard in state courts falls into two general areas of law – criminal and civil. In criminal cases the state is involved in an action against a citizen for a felony or misdemeanor. Criminal cases begin with an arrest and proceed through the stages of preliminary hearings, the setting of bail, indictment, arraignment, trial and sentencing.

In a civil case the court acts as a forum for settling disputes between two or more private parties. However, in some cases, the government may be the plaintiff or defendant. Typical civil suits usually involve such matters as violations of contracts, divorces and automobile accidents.

In terms of organization, state courts are commonly organized in a hierarchal pattern.

Figure 8.1: State Court Organization

Court of Last Resort Appellate (Intermediate ) Court 2 Trial Courts of Original Jurisdiction Courts of Limited Jurisdiction

At the top of this structure is a court of last resort. All states have a court of last resort. This court is usually known in the state as the Supreme Court but it does have other names in some of the states.

> Data File: STATES > Task: Mapping > Variable 1: 144) COURT NAME > View: Map >Display: Legend

As you can see, 45 states call their court of last resort a “Supreme Court.” But in New York and Maryland it is known as the “Court of Appeals.” Massachusetts and Maine call their highest court the “Supreme Judicial Court” and West Virginia’s is called “Supreme Court of Appeals.”

The U.S. Supreme Court consists of nine justices but most states have not followed this lead.

Data File: STATES Task: Mapping > Variable 1: 146) #JUDGES > View: Map > Display Legend

As you can see from this map, state supreme courts have five to nine judges sitting on them. More than half the states (43) have either five or seven justices. Six states do have nine justices; only one of the states has eight justices. By looking at the map, do you remember how to find the state with eight “supreme court” justices?

The major workload of the highest state court involves hearing appeals from the lower state courts (known as appellate jurisdiction), although some state supreme courts have original jurisdiction to hear certain matters such as cases in which the state is a party or disputes between counties within a state.

Appellate courts have been established in about half of the states in order to reduce the case loads of the highest state courts. These courts may have original jurisdiction in some cases but their main function is to review the decisions of the trial courts to determine if the law has been correctly applied in the case. Generally, the appellate courts do not review questions of fact or hold a new trial.

3 Trial courts (called district, circuit or superior courts) have original jurisdiction in most cases involving state law. These are the “courts of record.” That is, they keep a full transcript of their proceedings. The trial courts handle the civil and criminal matters. Most litigation is terminated at this level although appeal to the appellate court and directly to the state’s highest court is possible.

At the bottom of the state court system are a number of minor courts or courts with limited jurisdiction. There is a great deal of variation in the specific minor courts and in the responsibilities given to them. Large cities may have municipal, magistrate, police, traffic, city, family, or small claims courts. These courts principally hear cases involving traffic violations, small claims, divorces, child custody, juvenile offenses and misdemeanors. It is at this level that most citizens have their first and often their only encounter with the state court system.

Selection of Judges

The judges, who make these decisions across the states, are generally elected to their offices. Others are selected by the governor, the legislature or by a system combining appointment and election commonly referred to as the “Missouri Plan.”

Data File: STATES Task: Mapping > Variable 1: 145) SELECTION > View: Map > Display Legend

State judicial elections are either held on partisan or non-partisan ballots. In a partisan election, the candidate runs in his or her party’s primary and the party nominees face each other in a general election. As you can see, 10 states hold partisan judicial elections. These states are mostly located in the southeast region of the country.

In a nonpartisan election, the candidates are placed on the ballot with no reference to party though they may have been nominated in a party primary. Here you see that 13 states hold nonpartisan judicial elections. These states are primarily located in the northwest and upper Midwest.

Partisan elections usually bring out a better voter turnout. It may be that party labels help voters to distinguish the “good” judges from the “bad” judges. At the same time, partisan elections are also criticized on the ground that a judge should be free of political connections in order to make unbiased decisions. Overall, voters have not demonstrated a great deal of interest in judicial elections. Voters are seldom aware of issues, qualifications or even the identity of those seeking a judicial office.

4 It is commonly assumed that appointment is the best method for selecting qualified state judges. It is considered better than having judicial elections (especially partisan elections) because appointment rests on the values of objectivity, expertise and isolation from electoral influences.

In four states, judges are appointed by the legislature. In seven states, they are appointed by the governor. Unfortunately there is no evidence to suggest that appointed judges are more qualified in terms of legal training than elected judges or more responsive to community values.

In an effort to secure responsive, qualified and expert judges, several states have combined the appointive and elective methods. This system is often referred to as the “Missouri Plan.” As you will note from the map, 16 states use this type of appointment/retention election alternative.

Under the Missouri Plan, a nonpartisan commission is set up in the state to recommend candidates for judicial office. The commission is often made up of judges, attorneys and laypeople appointed by the governor. The commission usually submits three names to the governor. The governor appoints one of the commission’s recommended candidates to office. The appointed judge serves a probationary period of at least one year and runs on their record at the next election. The voters are faced with the task of deciding whether or not the judge should be retained – they do not choose among candidates. They simply vote “yes” or “no” for retention. If the voters vote “yes,” then the judge is retained for another full term. If the vote is “no,” then the governor must appoint another candidate from the list of names submitted by the nominating commission.

In practice, voters rarely vote “no” in a retention election. It is difficult, as they say, to “beat someone with no one.”

State Constitutions

State constitutions are the fundamental law of the states. They are superior to ordinary state legislative acts and local laws but are subordinate to the U.S. Constitution.

State constitutions also set forth the structure and organization of state governments. These state constitutions serve as the foundation of state law, in addition to providing the framework for overall government operations. Just as the U.S. Constitution can be said to "regulate" the federal government, state constitutions regulate state governments.

State constitutions, like other facets of state politics and policy, are more different than alike. That is, there is great variation as to content, age, amendments etc. among state constitutions.

Let’s first talk about some general information regarding state constitutions. As we know, the United States has had only one constitution. This is true for many of the states.

5 Data File: STATES > Task: Univariate > Primary Variable: 154) CONST# > View: Bar Freq

To see the frequency and percent for each bar on this graph, simply use your mouse and click on the bar you want to see. When you click on the first bar, you will see that 19 states have had only one constitution. This means more than a third of the states (38%) fall in this category. But as you look at this bar chart, you find that many of the states have had several constitutions over their history. In fact, one state has had 11 constitutions.

Let’s now take a look at the individual states.

Data File: STATES > Task: Mapping > Primary Variable: 154) CONST# > View: List: Rank

Now we see the state of Louisiana has had 11 constitutions, followed by Georgia with 10 and South Carolina with 7. One might believe the oldest states would have more constitutions because they have had more time and opportunities to adopt them. This is certainly true for Georgia, South Carolina and Virginia (6) which are some of our oldest states. But as you scroll through this list, the states from the South appear to have had many more constitutions than the other regions. In fact, when it comes to the number of constitutions, 8 of the top 9 states are southern states.

State constitutions also tend to be very long, very wordy and very detailed documents. [insert MicroCase graphic 8.9]

Data File: STATES Task: Mapping > Variable 1: 156) WORDS > View: Map > Display Legend

This map shows the estimated length of state constitutions. The variable is the number of words in each constitution. As this map shows, constitutions run from 8,000 to more than 300,000 words. Just from this map, you can see that Sunbelt states have some of the wordiest state constitutions. Let’s examine the state rankings.

6 Data File: STATES Task: Mapping Variable 1: 156) WORDS > View: List: Rank

When you look at the individual state rankings, you see the Alabama constitution contains approximately 310,296 words! The next wordiest constitution is found in Texas but its 93,000 words don’t seem very long when compared to Alabama. Oklahoma’s constitution has 79,133 words. When you look at the Top 10 longest constitutions, you see that all of them are more than 50,000 words. At the other extreme, only two states have constitutions with less than 10,000 words. They are New Hampshire (9,200 words) and Vermont (8,295 words).

Over time, elected officials and interest groups have filled state constitutions with seemingly non-constitutional-type amendments. For example, the constitution of Louisiana was amended to declare Huey Long’s birthday a legal holiday. A Florida environmental group got a constitutional amendment adopted by the voters which details the exact size and type of net which can be used to fish off the Florida coasts. In Alabama, the nation’s longest constitution, the constitution requires the legislature to "pass such penal laws as it may deem expedient to suppress the evil practice of dueling."

Several factors account for the length and detail of state constitutions. One key factor was the loss of citizen confidence in state legislatures and governors after the Civil War.

Data File: STATES Task: Mapping > Variable 1: 155) CON_ADPT > View: Map > Display Legend

This map shows the date of adoption of a state’s last constitution. From 1857 to 1894, 21 states adopted new constitutions. State constitutions adopted during this time period placed many restrictions on the powers and procedures of state legislatures and governors. During the 20th Century, executive branch reorganization, which led to clearer lines of authority and more professional legislatures, led to another round of state constitutional revisions. From 1895 to 1956, 11 states adopted new constitutions and another 10 states adopted newly revised constitutions from 1963 to 1982.

The goal of these most recent efforts has been to update and streamline state constitutions. Chief among the goals of these new state constitutions was to remove some of the limitations on the legislature, strengthen the administrative powers of governors and eliminate barriers to the modernization of local governments. Overall, states have tried to make their new constitutions brief, flexible, easily read by citizens and confined to the fundamentals of governing.

7 Another factor contributing to the length and detail of state constitutions comes from the fact that they are political documents. As such, they reflect the desires and wishes of individuals and organized interest groups. Several state constitutions contain methods for direct democracy. Direct democracy provides the opportunity for citizens to determine state and local issues on the basis of voting for or against specific measures. Two of the most popular direct democracy methods are initiatives and referenda.

Data File: STATES Task: Mapping > Variable 1: 164) DIRECT_DEM > View: Map > Display Legend

As you can see from this map, 10 states have initiative and referendum processes. Three states have only the initiative process. On this map the 19 states with no data (“missing”) have no direct democracy techniques.

The initiative may be used at the state level to enact laws or amend state constitutions. According to laws set forth in state constitutions, a specified number of qualified voters are allowed to draw up a petition containing a statement of the law or constitutional amendment they want to have adopted. The proposal is then submitted to the voters for their approval (or rejection) in the next regular election or special election. If the proposal is approved by at least 50% of the voters, then it goes into effect.

Along with the 10 states that have initiative and referendum processes, there are three other states where citizens can participate only in a referendum. The referendum is another direct democracy device that allows citizens to approve the decisions made by their legislatures before they become law or part of the constitution.

There are three basic types of referendums in the states: the compulsory referendum, the optional referendum and the popular referendum. The compulsory referendum is brought into play when, by law, certain propositions, usually constitutional amendments, must be submitted to voters for their approval or disapproval. An optional referendum is used when the legislature voluntarily submits a question of “yes” or “no” on a particular policy to citizens for a vote. As the name implies, elected officials have the option to place the policy decision before the voters and the legislature may not be required to follow the citizen’s vote outcome. Under the popular referendum a specific number of voters must sign a petition to force a law that has already been passed by the legislature and signed by the governor to be submitted to a popular vote for reconsideration.

There are also 11 states that have initiative, referendum or recall processes. We will discuss the recall later in this chapter.

8 Some indication of how significant the referendum and initiative processes have become in the states can been seen in their dramatically increased use during the past 40 years.

> Data File: USTREND > Task: Historical Trends > Variables: 97) ST_REF3.US

This trend chart shows the number of statewide initiatives and referenda placed before voters during the past century. As you can see, after WWII the use of initiatives and referenda declined steadily for 20 years before seeing a dramatic increase since the 1960s. Today there appears to be much interest in using initiatives and referenda by citizens to bypass the legislature.

> Data File: STATES > Task: Mapping > Variable 1: 162) INIT > View: Map > Display Legend

This map shows the number of initiatives and popular referenda that state citizens voted on in 2002. As you can see, 18 states voted on at least one measure and several states voted on a number of measures.

Data File: STATES Task: Mapping Variable 1: 162) INIT > View: List: Rank

When we examine the individual states, you see that voters in Oregon had 7 initiatives to decide on in 2002. Traditionally, Oregon has had more initiatives than other states. Coloradans, second on the list in 2002, voted on 5 initiatives along with voters from Florida. Several state residents had only one or two initiatives and/ or referenda to vote on while 10 states didn’t have any initiatives in 2002. Again, the missing states on this list do not have the initiative or referendum process.

It’s clear that the desire of interest groups to get their policies into a constitution or to keep some policy they oppose out has been a key part of state constitution making. There has been research by many scholars suggesting that states with active and influential interest groups tend to have longer and more frequently amended constitutions. Also, states with longer constitutions tend to have easier processes for amending the document as well.

9 Earlier we mentioned that another direct democracy tool available to voters in some states was the recall. The recall is a tool which permits voters to throw a public official out of office prior to the official expiration of their term. It is the least used and lesser known of the three direct democracy techniques.

Data File: STATES Task: Mapping > Variable 1: 164) DIRECT_DEM > View: Map > Display Legend

As we discussed previously, 11 states have all three methods of direct democracy – the initiative, referendum and recall. The citizens in another four states simply have the recall at their disposal.

In some states, the recall applies to all state and local officials whether elected to office or appointed (such as judges). In other states the recall applies only to elected officials. The recall requires a petition that must be signed by a certain percentage of qualified voters. The number of petition signers depends on state law and the office the recall effort has targeted. If the recall petition meets the state’s requirements, the voters are then asked whether they want to keep the official in office. In some states, the voters decide between the challenged official and another candidate (or candidates) who would be the successor if he or she receives a majority of the votes. Also, to be recalled, an elected official does not have to be accused of criminal action. Voter dissatisfaction with an elected official’s job performance is reason enough for a recall.

While the recall is still the exception, rather than the rule in state politics, it recently gained nation-wide as well as world-wide attention due to the efforts of Californians to recall their governor in 2003. In October of 2003 Hollywood action star Arnold Schwarzenegger ousted Gray Davis from the governor’s seat. The reason? Voter dissatisfaction with the job Governor Davis was doing. It state politics terms, it was an historic and rare event. The recall of Davis was only the second time in U.S. history that a sitting governor had been removed from office before the end of his term. Before that, the only other time was more than 80 years ago when North Dakotans got rid of their governor Lynn Frazier.

The emergence of the World Wide Web has definitely helped direct democracy campaigns. Interest groups and other advocates are slowly joining forces in a very loosely connected network or movement.

> Data File: GSS > Task: Univariate

10 > Primary Variable: 14) WEB PETIT > View: Pie

As you can see from this pie chart, 29.5%of Americans have signed a petition because of an issue discussed on the internet. While this is certainly not a majority, it is a significant percentage of Americans and does highlight that the internet can be a useful tool for people and groups interested in using direct democracy methods to make changes in their state and local governments.

These tools of direct democracy provide a tactic through which the voters can bypass legislative inaction, challenge governmental policies and do away with unsatisfactory elected officials. However, unless personalities, scandals or major issues are involved, these elections do not draw a great deal of public attention or participation. In many state initiative and referendum elections voters are often faced with a great amount of detail on very technical and complex issues about which they have little or no information. Many voters may simply skip over the propositions and not vote on them meaning the actual decisions may end up being made by a small minority of interested voters.

While there are many differences among state constitutions, there are some general similarities between them. For example, most state constitutions roughly follow the same general framework established by the U.S. Constitution. A typical state constitution has a preamble, a bill of rights, a section on the doctrine of separation of powers and a section on the methods for changing the constitution.

State constitutions can be amended in a number of ways. There are four formal methods of changing state constitutions. They are legislative proposal, constitutional initiative, constitutional convention and constitutional commission.

Most constitutional amendments have been initiated by state legislative proposals. This process is available in all 50 states.

> Data File: STATES > Task: Mapping > Variable 1: 159) AMEND_LEG > View: Map > Display Legend

In 27 states, a two-thirds (19 states) or three-fifths (8 states) vote of the legislature is the first step required in order to approve an amendment. In 17 states, only a majority is necessary. Following legislative approval, the amendment is placed on the ballot where a majority of the voters is needed for ratification. In some cases, legislators are assisted by constitutional commissions formed to study the state constitution and recommend changes.

11 Another method of making amendments is the constitutional initiative.

Data File: STATES Task: Mapping > Variable 1: 160) AMEND_INIT > View: Map > Display Legend

As you can see, this method is found in 18 states. This device allows private citizens and groups to place a proposed amendment on the ballot. Though it has been of some value to many interest groups that cannot find support for their policies in the legislature, the process is expensive and time-consuming and is less likely to succeed than an amendment sponsored by the legislature.

State constitutional conventions are the oldest method of change through which amendments can be developed and proposed or an entirely new constitution may be written.

Data File: STATES Task: Mapping > Variable 1: 161) CON_CONV > View: Map > Display Legend

As you can see from this map, 41 states have a method for calling a constitutional convention. Normally, conventions are initiated by state legislatures and in some cases legislatures are required to ask the voters whether or not they would like to have a constitutional convention held. In some states, the legislature is required to call a constitutional convention every few years (usually every 10 or 20 years). If the voters decide they want a convention held, then delegates are selected usually through elections held in state legislative districts.

State constitutions also contain other provisions which are not found, in any great detail, in the U.S. Constitution. Many state constitutions have sections that relate to such matters as governmental finance and budgeting, local governments, civil service, and voting and elections. Several state constitutions have articles in them that deal with policy matters such as the regulation of businesses, public education, and health and welfare programs.

Unfortunately, state constitutions also contain many laws and provisions which are obsolete today. As we mentioned earlier, the Alabama constitution forbids dueling. This, depending on our point of view, may or may not be a good thing. The Nevada constitution has a provision prohibiting an “idiot or insane person” from voting. In addition, it is not uncommon to find

12 obsolete words and complex wording in state constitutions that lead only to legal confusion, inconsistencies and length. For instance, many older state constitutions still include the provision that the state legislature elect U.S. Senators – a provision that was made obsolete by the adoption of the 17th Amendment in 1913.

In the worksheet section that follows, you will examine many issues related to state courts and state constitutions and their impact on citizens.

13 Exercise 8: State Courts and Constitutions

REVIEW QUESTIONS

Based on the first part of this exercise, answer True or False to the following items:

A. State as well as federal courts play key roles in resolving these conflicts within American society. T F

B. Trial Courts are the “courts of last resort” in the states. T F

C. Each state has 9 justices who sit on their “supreme court.” T F

D. Most Americans oppose prayer in local public schools. T F

E. The majority of state judges are elected to their office. T F

F. The U.S. Constitution is subordinate to the 50 state constitutions. T F

G. The state of Louisiana has had 11 constitutions over its history. T F

H. The state of Alabama actually encourages dueling in its state constitution as a way to settle personal disputes. T F

I. Only “idiots” are allowed to vote in Nevada, according to its state constitution. T F

J. Most state constitutions tend to be very pithy, easily readable and understood documents. T F

EXPLORIT QUESTIONS

State and local policies have, at times, been influenced by the actions of the U.S. Supreme court. One policy that we discussed in the first part of this chapter concerns the issue of school prayer. Let’s examine how demographic characteristics affect a person’s attitude regarding school prayer.

> Data File: GSS > Task: Auto-Analyzer > Variable: 41) SCH.PRAY.1 > View: Region

14 Answer True or False to the following items:

1. Those in the South are most likely to support the ban on school prayer. T F

2. The regional difference on this variable is not statistically significant. T F

3. There is little difference between the East, the West and the South. T F

> View: Education

4. The higher a person’s education, the more likely the person will approve the ban on school prayer. T F

5. The most significant differences occur between those who did not graduate from high school and those who did. T F

> View: Sex

6. Men and Women equally approve the ban on school prayer. T F

7. A majority of both men and women approve the ban on school prayer. T F

> View: Party

8. Republicans are most likely to oppose the Supreme Court ban on school prayer. T F

9. Democrats are least likely to oppose the Supreme Court ban on school prayer. T F

10. Now, cCheck out the Region, Age and Race results and then select the statement which best describes the characteristics of those most likely to approve the ban on school prayer. a. An older person with a high school education residing in the Midwest. b. An African-American woman in her 40s with a college degree residing in the West. c. A young white person with a college degree residing in the West. d. A young male with a high school education residing in the Northeast.

11. Select the statement which best describes the characteristics of those least likely to approve the ban on school prayer. a. An African-American woman in her 40s with a college degree residing in the West. b. An African-American person at least 50 years old without a high school degree residing in the South.

15 c. A young male with a high school education residing in the Midwest. d. An older white woman with a high school degree residing in the South.

As you learned in the first section of this chapter, an overwhelming number of Americans believe the courts are not harsh enough in their treatment of criminals. Let’s now look at the effect some demographic characteristics have on this attitude toward the courts.

Data File: GSS Task: Auto-Analyzer > Primary Variable: 17) COURTS? > View: Univariate

For each of the demographic variables listed, indicate whether there is a significant effect. If so, indicate which category is most likely and least likely to believe think the courts do not deal harshlyare too harsh with in their dealings criminals.

Socio-Demographic Is the Overall Effect Category Most Category Least Variable Significant? Likely Likely Age Yes No

Education Yes No

Sex Yes No

Region Yes No

Political Party Yes No

Race Yes No

12. Which statement best describes those most likely to believe the courts do not deal harshly enough with criminals? a. African American Republican men residing in the West. b. White Democratic men residing in the South. c. African American Democratic women residing in the West. d. White Republican women residing in the Eastern states.

13. Which statement best describes those least likely to believe the courts do not deal harshly enough with criminals?

16 a. White Republican women residing in the South. b. African-American Democratic men residing in the West. c. African-American Democratic women residing in the West. d. White Democratic women residing in the West.

State constitutions are very long and detailed documents. One reason for this length and detail is that, unlike the U.S. Constitution, state constitutions are changed and added to frequently using the amendment process. Let’s see which states have had the most and least amendments submitted to voters.

> Data File: STATES > Task: Mapping > Variable 1: 157) SUBMIT > View: List: Rank

14. Which state has added submitted the highest number of constitutional amendments to the voters?

15. How many constitutional amendments have been submitted in this state?

16. Which state has added submitted the lowest number of constitutional amendments to the voters? 17. How many constitutional amendments have been submitted in this state?

18. How many constitutional amendments have been submitted in your state?

A key factor contributing to the length and detail of state constitutions comes from the fact that they are political documents and reflect the desires and wishes of individuals and organized interest groups. Perhaps high numbers of lobbyists lead to high numbers of constitutional amendments submitted to citizens for a vote. Let’s take a look.

Data File: STATES Task: Mapping > Variable 1: 157) SUBMIT > Variable 2: 75) LOBBY 91 > View: Map

19. Write in the value of the Pearson correlation coefficient. r = ____.

20. Is the relationship statistically significant? Yes No

21. Is the relationship positive or negative? Positive Negative 17 22. Which statement below best describes these results? a. There is no statistically significant relationship between the ratio of lobbyists to legislators in a state and the number of amendments presented to voters. b. In states where the ratio of lobbyists to legislators is high, the number of amendments presented to voters is also high. The results are significant. c. In states where the ratio of lobbyists to legislators is high, the number of amendments presented to voters is low. The results are significant.

We discussed in the first part of this chapter how states with longer constitutions often have more active interest groups. Let’s now examine whether these states with “wordier” or longer constitutions spend more money on public policies.

Data File: STATES Task: Mapping > Variable 1: 156) WORDS > Variable 2: 109) ST_EXPEND > View: Map

23. Write in the value of the Pearson correlation coefficient. r = ____.

24. Is the relationship statistically significant? Yes No

25. Is the relationship positive or negative? Positive Negative

26. Which statement below best describes these results? a. There is no statistically significant relationship between the size of a state’s constitution and the state expenditures per person. b. As the size of the constitution increases by state, the state expenditure per person is also increases. The results are significant. c. As the size of the constitution increases by state, the state expenditure per person decreases. The results are significant.

Citizens have many opportunities to amend their state constitutions. Every year a number of amendments come before citizens for popular vote. Let’s find out if a relationship exists between the number of constitutional amendments adopted and the length of a state’s constitution. We

18 could argue that in states where a large number of constitutional amendments have been adopted the constitution will be longer. But we could also argue that amendments are adopted to update and streamline constitutions in an effort to make them briefer, more flexible, more easily read by citizens and confined to the fundamentals of governing. Let’s find out which hypothesis is correct.

Data File: STATES > Task: Scatterplot > Dependent Variable: 156) WORDS > Independent Variable: 158) ADOPTED > View: Reg.Line

27. What is the correlation coefficient for these results? r = _____

28. Is the relationship positive or negative?

29. Are these results statistically significant? Yes No

30. Which statement best summarizes these results. a. There is no statistically significant relationship between the size length (in terms of words) of a state’s constitution and the number of amendments adopted by the state. b. The larger longer (in terms of words) the constitution in a state, the greater the number of amendments adopted. b. The larger longer (in terms of words) the constitution in a state, the lower the number of amendments adopted.

31. Which hypothesis was supported by these results? a. States where a large number of amendments have been adopted have longer constitutions. b. States adopt additional amendments to shorten the length of their constitution. c. Neither hypothesis was supported.

19 Let’s use the AUTO-ANALYZER to examine the increase in direct democracy. As we discussed, the internet has helped increase direct democracy campaigns by allowing interest groups and others to join forces.

> Data File: GSS > Task: Auto-Analyzer > Primary Variable: 13) WEB PMEET > View: Univariate

For each of the demographic variables listed, indicate whether there is a significant effect. If so, indicate which category is most likely and least likely to have attended a political meeting or demonstration because of an internet discussion.

Socio-Demographic Is the Overall Effect Category Most Category Least Variable Significant? Likely Likely Age Yes No

Education Yes No

Sex Yes No

Region Yes No

Political Party Yes No

Race Yes No

32. Which statement best describes these results? a. With the exception of Race, there are no significant results for any of the listed demographic variables. Whites are significantly more likely than African-Americans to attend a meeting they discussed on the web. b. With the exception of Region, there are no significant results for any of the listed demographic variables. Residents of the Eastern states are significantly more likely than in other regions to attend a meeting they discussed on the web. Residents of the Midwest are least likely. c. With the exception of Age, there are no significant results for any of the listed demographic variables. The younger the respondent, the more likely they are to have attended a meeting they discussed on the web. d. With the exception of Education, there are no significant results for any of the listed demographic variables. The more educated a respondent, the more likely they are to have attended a meeting they discussed on the web.

20 On Your Own

1. One of the most heated controversies in state politics involves the use of capital punishment. There are many people across the country that favor or oppose the death penalty based on moral values, racial grounds and constitutional grounds. What impacts do the courts on have this debate? One could argue the death penalty is a highly political issue. Since many judges are elected to their office or retained through an election, do judges grapple with the politics of this issue? Using the STATES data set, and the MAPPING function, examine the relationship between judge’s length of term and the number of executions in a state. In a brief paragraph, describe what you found in your analysis. Be sure to support your claims with evidence.

2. Another controversial issue in the states involves physician assisted suicides. Several states attempted to pass laws that would allow dying patients to request that their doctors aid them in ending their lives. These laws were struck down by the courts. Using the GSS data file and the AUTO-ANALYZER function, examine the 201) EUTHANASIA variable to find out which people are more likely to support physician assisted suicides and which people are less likely to support it. Be sure to support your claims with evidence.