Parker Junior High 7th Grade Social Studies

State and Local Government Packet

Name: ______Core: ______Teacher:______

Due Date: ______100 Points Test Grade

Three Branches of Illinois Government

LEGISLATIVE EXECUTIVE JUDICIAL makes laws carries out laws explains laws

General Assembly 6 elected officials 3 types of courts

Senate Governor Supreme Court --59 senators --chief executive officer --7 justices --elected by the people Lieutenant governor --elected by the people --1 from each legislative district --takes over as governor if --term: 10 years --term: 2 years necessary Attorney general --chief legal officer Qualifications Appellate courts Secretary of state --at least 21 years old --54 appellate judges --keeps official records --U.S. citizen --elected by the people Comptroller --resident of district for 2 years --term: 10 years --chief fiscal officer, pays the bills Treasurer --acts as the state's banker House of Representatives District Courts --118 representatives 6 officials Illinois is divided into 23 judicial --2 representatives from each --elected by the people circuits. Each circuit has a chief legislative district --term: 4 years judge, circuits judges, and associate --term: 2 years judges. Qualifications Qualifications --at least 25 years old --circuit judges are elected (same as for Senator) --U.S. citizen --circuit judges serve 6-year term --at least 21 years old --resident of Illinois for 3 years --U.S. citizen --associate judges are appointed by --resident of district for 2 years circuit judges --associate judges serve 4-year term

Introduction

I n 1787, the United States Constitution set up a federal system of government giving some powers to the national government and other powers to the state and local governments. The U.S. Constitution told each state it must set up its own government and write its own constitution. States were required to have governments similar to the federal government, and the people of the state were required to elect representatives. Illinois became a state in 1818 and had to have its own constitution before it could become a state. The current Illinois Constitution was adopted and ratified in 1970. The Constitution has a short preamble and fourteen articles. The U.S. Constitution adds amendments at the end in a separate part of the Constitution, but when changes are made to the Illinois Constitution, the amendments are made to the articles--the inside sections.

The Preamble The Preamble to the Illinois Constitution is an introductory paragraph which explains why it was written. The preamble is shown below; some of the wording is similar to the preamble to the U.S. Constitution.

We, the People of the State of Illinois-grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors-in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense and secure the blessings of freedom and liberty to ourselves and our posterity - do ordain and establish this Constitution for the State of Illinois. Article I: The Bill of Rights Article I of the Illinois Constitution states many of the individual rights and liberties found in the Bill of Rights of the U.S. Constitution. For example, Article I guarantees freedom of religion, freedom of speech, the right to assemble and petition, the right to bear arms, freedom from self incrimination, and the right to a trial by jury. Article I guarantees due process and equal protection which means everyone is entitled to the same basic rights and the same fair procedures under the law. Article I forbids discrimination on the basis of sex and on the basis of physical or mental handicaps—a statement which is not found in the U.S. Constitution. One section of Article I is the right of eminent domain. Eminent domain allows the government to purchase private property for public use. For example, if a piece of land is needed to build a highway or a bridge to be used by all the people, the state has the right to buy the land for a fair price even if the owner does not want to sell the land. Article II: The Powers of the State Article II of the Illinois Constitution divides the state government into 3 branches: the legislative, the executive, and the judicial. These branches or divisions are the same as the federal government. Article III: Suffrage and Elections Article 3 sets up voting qualifications and election laws. To vote a person must be a U.S. citizen, 18 years old, and a resident of Illinois for at least 30 days prior to the election. People must register to vote in the county they live. Article IV: The Legislative Department Article 4 provides rules for the legislative branch of Illinois government, known as the General Assembly. Similar to the U.S. Congress, the General Assembly is divided into 2 houses, the Senate and the House of Representatives. Illinois is divided into 59 legislative districts. Each legislative district is divided into 2 representative districts. Every ten years, the General Assembly must redistrict, or again divide the state into districts based on new census information. Districts must be The Illinois State Capital in “compact, contiguous, and substantially equal in population,” Springfield which means a districts can’t be divided into several parts and all districts must have approximately the same number of people. Each district elects one senator and two representatives, so there are 59 state senators and 118 representatives in the General Assembly. To be elected to the General Assembly a person must be a U.S. citizen, at least 21 years old, and a resident of the district to be represented for at least 2 years. Every 2 years, state representatives are elected and serve 2-year terms. State senators serve terms of either 2 years or 4 years. Member of the General Assembly make laws for the state of Illinois. Each law begins as a bill, or proposed law, in either the Senate or the House of Representatives. This bill must be passed by a majority of both the senate and the House and then must be sent to the Governor within 30 days of passing. The governor can sign the bill or veto it. If the governor signs the bill, it becomes law. If the governor vetoes the bill, it cannot become a law, unless the General Assembly overrides the governor’s veto. To override the governor’s veto, three-fifths of the members of both the Senate and the House must vote in favor of the bill, and the bill becomes law.

Article V: The Executive Department Article 5 provides rules for the executive branch of Illinois government. Six officials are elected by the people of Illinois:

1. Governor 2. Lieutenant Governor 3. Attorney General 4. Secretary of State 5. Comptroller 6. Treasurer

To run for one of these offices a person must be a U.S. citizen, at least 25 years old, and a resident of Illinois for 3 years. Each official serves a four-year term.

The Governor is the chief executive officer of Illinois, just as the President is the chief executive officer of the United states. One main duty of the governor is to see that laws passed by the General Assembly are carried out. The Governor makes an annual report to the General Assembly, proposes a budget for the state, and signs or vetoes bills passed by the General Assembly. State agencies such as the Illinois Department of Public Health, the Department of Children and Family Services, and the Department of Transportation carry out the laws and policies of the state. The Governor appoints the directors of these agencies and many other administrators. The Governor nominates state officials, but the nominations must be approved by the state Senate. Many of the powers of the Governor are similar to the powers of the U.S. president. One difference however, is the power the Governor has to veto or reduce items of appropriation bills (bills which spend money). The Governor can eliminate certain items from the bill but approve the rest of the bill. The President cannot do this; the President can only approve or veto the entire bill.

Duties of Illinois elected executive officials Governor Chief executive officer of Illinois. (See paragraph above for explanation of duties.) Lieutenant Governor Similar to the Vice President of the United States. Performs any duties assigned by the Governor. If the Governor dies suddenly or is unable to serve, the Lieutenant Governor becomes governor. Attorney General Chief legal officer of Illinois. Represents the state, state agencies, and state officials in court. Chief law enforcement officer in Illinois. Coordinates crime-fighting activities with state, county, and local authorities. Secretary of State Keeps the official records of the General Assembly and the executive branch. Licenses drivers and keeps drivers records, issues vehicle license plates and titles, and registers corporations. Comptroller Chief fiscal officer for Illinois. Reviews all bills and payments, pays the state’s bills, keeps records, and helps set financial policies for the state. Treasurer Acts as the state’s banker, keeping and investing the money the state receives through taxes.

Article VI: The Judicial Department Article 6 sets up the courts system for Illinois. Much like the federal court system, there are 3 types of courts in Illinois: the Illinois Supreme Court, appellate courts, and circuit or trial courts. The Illinois Supreme Court is made up of 7 judges, called justices. Supreme Court justices are elected by the people and serve a term of 10 years. The Illinois Supreme Court hears appeals from the appellate courts and appeals from circuit courts when a death sentence has been imposed. The Supreme Court has original jurisdiction in a few special types of trials. Appellate courts hear appeals from circuit courts. The appellate court is organized into five districts. The number of appellate court judges is set by the legislature. Currently, there are 54 appellate judges in Illinois. They also serve a 10 year term. Circuit courts hear most trials. Currently, Illinois is divided into 23 judicial circuits. Each circuit has a chief circuit judge, additional circuit judges, and associate judges. Circuit judges are elected for a six-year term and may be retained by voters for additional six-year terms. They can hear any circuit court case. Associate judges are appointed by the circuit judges and serve terms of 4 years. Currently there are 865 circuit and associated judges in Illinois. An Illinois judge must be a U.S. citizen, an attorney licensed to practice in Illinois, and a resident of the district or circuit he or she serves.

Articles VII-XIV (7-14)

Article VII: Local Government Article 7 gives rules for local governments--for counties, townships, and cities. Local governments are given limited powers to pass ordinances, or local laws.

Article VIII: Finance Article 8 states that public money and property can only be used for public purposes. Article 8 explains how public funds are to budgeted, spent and audited. Article IX: Revenue Article 9 describes how the state can collect money (revenue) from the people through taxes on property, income, and sales. Article X: Education Article 10 provides for free public education for all Illinois residents through high school. Article XI: Environment Article 11 gives the General Assembly power to insure a healthy environment for Illinois residents. Article XII: Militia Article 12 allows the General Assembly to form a state militia (military force) made up of Illinois citizens. The Governor acts as commander-in-chief of the state militia. Article XIII: General Provisions Article 13 gives several rules for persons running or holding office in Illinois. Article 13 also states that public transportation is an essential public service, one which the General Assembly can spend public money on. Article XIV: Constitutional Revision Article 14 explains how the Illinois Constitution can be changed. Amendments to the Constitution may be proposed either by a Constitutional Convention or by the General Assembly. If a Constitutional Convention is held to revise or amend the Constitution, a majority of Illinois voters must approve the changes. If the amendments are proposed by the General Assembly, the amendments must be approved by three-fifths of the voters at the next general election. State Government

The writers of the Constitution feared that a powerful central government might take away their rights. They wanted a strong government that could regulate trade, print money, and organize an army. However, they did not want that government to be too strong. To solve this problem, the Constitution created a federal system (sometimes called “federalism”). The federal system divides the powers of the government between the state and national government. This is called the “division of powers”. The federal system allows the states to keep a good deal of local control. Government powers that the Constitution does not give to the federal government are reserved for the states. These are called reserved powers. They prevent the national government from becoming too powerful. For example, state governments are in charge when it comes to local matters such as education requirements and licensing. Each state makes its own rules about the marriage age, the driving age, and the speed limit on local roads. At first, the Constitution even allowed each state to decide who could vote. Amendments to the Constitution have limited this state power. Sometimes, the powers of the federal government and state governments overlap. These are known as concurrent powers. Both the national government and the state government can make laws, collect taxes, and organize courts. However, federal laws outrank state laws. The US Constitution declares that it “shall be Supreme Law of the land.” This is known as the supremacy clause. State laws that conflict with the Constitution or national laws are invalid. Most state governments also use a system of separation of powers. They have a supreme court and a legislature. However, the people elect a governor instead of a president. Each state has its own capital where the state government meets.

The Federal System (The Division of Powers) Federal Government Both Federal and State State Governments Governments 1. Has enumerated powers 1. Have concurrent powers 1. Have reserved powers 2. President leads executive 2. Have constitutions 2. Governor leads executive branch branch 3. US Congress makes laws 3. Have three branches 3. Legislative body makes laws 4. US Supreme Court is highest 4. Can collect taxes 4. Have state courts court 5. Can send army into war 5. Have court systems 5. Make public school laws 6. Prints money 6. Provide services 6. Set marriage and driving age 7. Capital at Washington, D.C. Governor and Lieutenant Governor

In the United States, the governor is the chief executive of a state. A US governor does not serve under the national government. Instead, he or she is like a president of the state. Governors are elected by direct popular vote in every state. Most governors serve four-year terms. Every state has a constitution. The state constitution is a legal document that describes how that state’s government is set up. It is similar to the way that the US Constitution describes how the US government is set up. Each state’s constitution lists the powers of the state’s governor. The governor is in charge of carrying out the state’s laws. He or she must choose people to be in charge of state departments and agencies. Governors usually work with state legislatures to suggest new laws. Governors help to plan the state’s budget. In some states, they have the power to veto laws passed by the legislature. The governor is also the public face of the state. He or she must meet regularly with the media and present issues that are important to the state. The governor appears at important occasions and ceremonies. The governor is also the head, or “commander-in-chief,” of the state’s National Guard. The National Guard is the military reserves recruited by the states and equipped by the federal government. In the case of a state emergency – such as a blizzard, flood, or riot – the governor can call on the National Guard for help. The lieutenant governor is the second-highest executive officer in the state. The lieutenant governor replaces the governor if he or she resigns. In some states, the lieutenant governor is the leader of a part of the legislature. Other states do not even have a lieutenant governor.

Sam Houston served in many political leadership roles: U.S. representative from Tennessee, governor of Tennessee, president of the Republic of Texas, U. S. senator from Texas, and governor of Texas. State Legislators

The state legislature makes the laws for the state. State legislatures usually follow the pattern of the US Congress. They are bicameral, which means they have two parts. These are based on the US House of Representatives and the Senate. The most famous exception is Nebraska. Its legislature is unicameral with only one House. State legislatures set up their own election districts. State senators used to be elected from districts that were unequal in population. State legislatures defended this by claiming that they were following the pattern in the US Senate, in many cases, states based their senate districts on county lines. This gave much more power to rural and farming areas. A US Supreme Court decision changed this in 1964. The Court ruled that, unlike the US Senate, state senators had to be elected from districts of about the same population. Each state sets its own requirements for who can be a state legislator. Restrictions by age and residency vary from state to state. Some state legislatures have passed term limits. A term limit restricts the amount of time that a person can serve in an office. This ensures that there are new people. However, it eliminates experienced people from office. In smaller states, state legislators may work only part-time. In larger states, the work can be quite complicated. The main job of state legislators is to make the state a better place to live. They do this by thinking up new laws and considering ideas suggested by other state legislators. The state legislature is usually in charge of writing or approving the state’s budget. The legislature also decides the state tax rate. This tax money supports public institutions like state colleges and the workings of state government. Local Government

Presidential elections are very exciting. However, the government that affects everyday life is mainly local government. Local governments make the decisions for cities, towns, counties, villages, and other regions in a state. Local governments provide many services. They often collect garbage, clean the streets, and remove snow. They provide public hospitals and health services. They make laws about public schools and libraries. They provide police and fire services. They take care of parks and beaches. These governments also provide public buses and trains and maintain roads. Local government services cost money. People pay taxes to the government for public services. Local governments make a budget. A budget is a plan for spending or using money. A budget shows how and on what programs the money will be spent. Just as the United States is made up of states, most states are divided into counties. Counties have their own governments, too. County boards may run local school systems and hire police officers. They maintain jails, courthouses, local roads, and parks. County social service agencies look after children and persons who are elderly or handicapped. Most local governments have three separate branches. The city council or county board of commissioners is the legislative branch. In larger towns and cities, an elected mayor usually heads the executive branch. A smaller government might hire a town administrator or county manager. Local governments also have a judicial branch. These are municipal or district courts. They take care of less serious crimes such as shoplifting and traffic and parking violations. The United States is famous for overlapping government. National, state, and local governments sometimes perform the same functions. Overlapping government is not very efficient. However, the system does work to prevent dictatorship.

Mayor and Council Most people in the United States live in cities or towns. These people write a plan for the government of their city. This plan is called a charter. A city charter is a legal document that describes how a city’s government is set up. In the US, the state government must approve a city’s charter. A city government only has the right to do something if the state government permits it. Cities and towns do not all have the same type of government. Many have elected mayors, but some have city managers appointed by a city council. A town council or city council usually makes laws for people living in the city. A few places giv e department commissioners the power to make citywide decisions. The mayor is elected by the whole city. The voters in a single district usually elect city council members. The role of a mayor and city council varies widely from city to city. The mayor is usually the city’s chief executive officer. The mayor makes sure that the city’s laws are followed. The mayor also directs law enforcement within the city. In addition, the mayor must work to improve the well-being of the people who live in the city. To do this, the mayor appoints the department heads and members of all city boards and commissions. A city council is the legislative branch of local government. City councilors make the laws and regulations for city life. In some places, the mayor is strong and the council is weak. In other cities, the city council has all the power and the mayor is just a figurehead. The mayor and the council usually work together to shape laws and pass a budget.