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articipating IN GOVERNMENT Your Government in Action The best way to understand government is to see it in action. Visit a branch of your state government—the state capitol, a state agency, or a court in your community. Make arrange- ments by calling ahead, especially if you are going as a group. Do some research before the visit and plan where you will go, whom you will see, and what questions you might ask.

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State Government and You Your state government has more influence over the lives of its citizens than any other government. From driver’s license requirements to the money available for education, state government touches your life every day. To learn more about the operation of state governments and how they impact your life, view the Chapter 23 Democracy In Action video lesson: The State and You ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ GOVERNMENT

Chapter Overview Visit the United States Government: Democracy in Action Web site at gov.glencoe.com and click on Chapter 23–Overview to preview chapter information.

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Section 11 State Constitutions

Reader’s Guide s Governor-elect Dorr found out, changing a state constitution is not always easy. Key Terms Constitutional government in America began with colonial charters, long before initiative, constitutional convention, constitutional Athe United States Constitution. When the colonies commission declared their independence in 1776, some states Find Out kept their old colonial charters as their state con- ■ What are the four most important functions of stitutions. Other states, like Virginia and Pennsyl- state constitutions? vania, drew up new constitutions. Since 1776 the ■ What are the basic common characteristics of 50 states have had a total of 146 constitutions. Only state constitutions? 20 states have kept their original documents, and Understanding Concepts all the states have added many amendments. Federalism Why are state constitutions lengthy documents compared to the nation’s Constitution? Importance of Constitutions State constitutions are important for several reasons. First, state constitutions create the structure of state government. Like the federal Constitution, every state constitution provides Island? for separation of powers among three branches War in Rhode of government—legislative, executive, and judi- ISLAND, MAY 18, 1842 PROVIDENCE, RHODE cial. State constitutions outline the organization of each branch, the powers and terms of various by elected force led offices, and the method of election for state Thomas Dorr governor officials. A the state arse- tried to seize Second, state constitutions establish the state militia, con- nal. The different types of local government, such as by sitting governor trolled counties, townships, municipalities, special dis- King, scattered the Samuel tricts, parishes, and boroughs. State constitutions attackers. The incident caps in usually define the powers and duties as well a controversy that began as the organization of these different forms of October over the state con- severe limitations local governments. stitution’s Governor Dorr on voting rights. The cur- Third, state constitutions regulate the ways rejection state and local governments can raise and spend rent government’s by Dorr of a new, more liberal constitution, drafted money. In many states, for example, the state the voters, escalated the supporters and ratified by constitution limits the taxing power of local accept Dorr’s election as dispute. King’s refusal to governments. The state constitution usually the present crisis. The the new governor precipitated specifies the kinds of taxes that state and local declined to intervene, de- federal government has governments may impose. It may also specify spite appeals from both sides. how certain revenues must be used. In some states, for example, the constitution requires that money taken in through a state lottery must be earmarked for education.

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Governmental Transitions protections of the Bill of Rights in the Constitution of the United States. In addition, many state constitutions contain protections not provided for in the national Constitution. These protections include the workers’ right to join unions, a ban on discrimination based on gender or race, and certain protections for the physically challenged, among others.

Length Originally, state constitutions were about the same length as the United States Con- stitution. Over the years addi- tions to state constitutions in many states have resulted in very long documents. While the na- State Constitutions Citizens celebrated the inauguration of tional Constitution has about each new government as colonies adopted state constitutions. 7,000 words, the average state John L. Krimmel captures the excitement of a new state govern- constitution today has more than ment in Election Day in Philadelphia, 1815. Do you think every 30,000 words. Very long constitu- state needs its own constitution? Why or why not? tions are found in such states as Texas, with 80,000 words, and Alabama, with about 220,000 Finally, state constitutions establish indepen- words—equal to about 250 pages of a textbook. dent state agencies, boards, and commissions that have power in areas that affect citizens’ lives direct- Detail Long state constitutions are filled with ly. These include, for example, public utility com- details, often covering many varied and unusual missions that regulate gas and electric rates, and aspects of life in a state. Such constitutions might state boards of education that help administer include any of the following: a special tax to help public schools throughout the state. veterans of the Civil War; a requirement that pub- As the basic law of the state, the state constitu- lic schools teach agricultural subjects; fixed salaries tion is supreme above all other laws made within for certain state and local officials; or a declaration the state. At the same time, the state constitution of state holidays. cannot contain provisions that clash with the Critics of state constitutions claim that such United States Constitution. detailed, specific provisions are not needed in a constitution, but rather should be handled in state laws. Chief Justice John Marshall once wrote that a Constitutional Characteristics constitution “requires only that its great outlines Throughout the 50 states, constitutions should be marked, its important objects designated.” vary widely. At the same time, most state A major reason for the development of lengthy constitutions share some basic characteristics that and detailed state constitutions has to do with make them similar in many ways. politics. State constitutions are sometimes very detailed because certain groups and individuals Bill of Rights Besides a provision for separa- have lobbied hard to include provisions that are tion of powers among the three branches of state to their advantage. Including such provisions in government, all state constitutions contain a bill the state constitution protects against their being of rights. This section includes all or most of the changed by a simple vote of the legislature.

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Amendments and Changes account for only about 5 percent of the proposed amendments to state constitutions. Changing a constitution may be necessary The third method of proposing amendments because society itself changes over time, and to a state constitution is by convening a state con- new conditions require new actions or policies. In stitutional convention. A gathering of citizens, recent years, for example, some state constitutions usually elected by popular vote, a constitutional have been amended to provide greater powers for the convention meets to consider changing or replac- governor. Many people believe that modern condi- ing a constitution. tions require stronger executive leadership than Finally, many states have used a fourth most early state constitutions allowed. The governor method, the constitutional commission, to pro- of New Mexico received expanded powers regarding pose constitutional amendments. A constitutional the removal of certain state officials. The governor of commission is a group of experts appointed to Oregon was granted more time to veto bills after a study the state constitution and recommend legislative adjournment. Some amendments to state changes. Eight states established constitutional constitutions provide for very specific policies. Thus, commissions in the 1980s, but few of their recom- some state constitutions have an enormous number mendations resulted in amendments. Kentucky’s of amendments. These usually only add to the length commission recommended 77 changes in 1987. and detail of the constitution. As of 2004, for Only one was referred to the voters by 1988. example, Alabama had 742 amendments.

Proposing Amendments The amendment process has two steps: proposal and ratification. Governor Supports Controversial Issue Constitutions of the 50 states provide four different methods of proposing amendments. These include methods by state legislatures, by popular initiative, by a constitutional commission, or by a constitutional convention. In every state the state legislature has the power to propose an amendment to the state constitution. This method is the most commonly used. The actual practice of proposing a legislative amendment varies somewhat from state to state. In 17 states a majority vote of the members of each house of the legislature must propose an amendment to the state constitution. In 18 states a two-thirds vote of all members of each house is required. In 9 states a three-fifths majority vote of the legislature is required. Finally, a few states require the legislature to vote for an amendment in two different sessions before the proposal is official. Eighteen states also allow the people to propose constitutional amendments by popular initiative. An initiative is a method by which citizens State Initiatives In 1996 Governor Pete propose an amendment or a law. The initiative Wilson of California supported an initiative called process begins when an individual or group writes Proposition 209, a state constitutional amend- a proposed amendment. People in favor of the ment to abolish race and gender preferences in amendment then circulate it as part of a petition to state and local programs. What do you think are the advantages and disadvantages of obtain the signatures of a required number of eli- the initiative method of proposing constitu- gible voters. The number of signatures required tional amendments? varies from state to state. Constitutional initiatives

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Methods of Ratification All states except In every state the process of calling a constitu- Delaware require ratification of amendments by tional convention begins when the state legislature popular vote. The kind of majority necessary to proposes the convention, which is usually put approve an amendment varies. Forty-four states to the voters for approval. If the people agree, the require a simple majority of those who vote on state holds an election to choose delegates. Once the proposed amendment. Three other states re- they convene, the delegates may write a new con- quire a majority of all voters who cast ballots in stitution or suggest changes in the existing docu- the election. ment. The voters then must ratify the changes or When the voters rather than the legislature the new constitution. vote on an issue, it is called a referendum.Some Although 14 states require that a popular vote states allow voters to hold referendums on issues be held periodically on the question of calling a other than constitutional amendments. The prac- convention, the voters in recent years have tice is far more common at the county and local opposed the idea. Only five were held in the 1980s. level than at the state level. Although many people have called for reform, most states have kept their existing constitutions. Criticism and Reform Thirty-three states have constitutions that are more than 100 years old. Many, including Massa- Over the years people have criticized state chusetts (1780), Wisconsin (1848), and Oregon constitutions for being too long, too com- (1857), still have their original constitutions. plicated, and too full of needless detail. What are the procedures by which new state constitutions Judicial Interpretation In the 1980s the could be enacted? number of formal amendments and revisions to state constitutions declined. More and more state Constitutional Convention In order to re- judges, however, began to interpret state constitu- place existing state constitutions, most states tions independently of the United States Constitu- require a constitutional convention. In a few states, tion. Added to the formal amendment process, a special commission may also draft a new consti- judicial review has become an important means tution that must be reviewed by the state legisla- of constitutional change in the states as well as the ture, followed by ratification by the people. national government.

Section 11 AssessmentAssessment

Checking for Understanding Critical Thinking 1. Main Idea Use a graphic organizer like the one 6. Identifying Central Issues Why do you think so below to identify the purposes served by state many amendments to state constitutions have constitutions. been adopted, when the people have been reluctant to approve of constitutional conventions for reform? State Constitutions

2. Define initiative, constitutional convention, constitutional commission. Federalism Many state constitutions contain 3. Identify state constitution. historic provisions that are no longer applicable, 4. In what ways are most state constitutions such as a tax to help veterans of the Civil War. alike? Examine your state constitution. Identify provi- 5. Why are state constitutions amended more sions in the constitution that may no longer be frequently than the federal Constitution? applicable. Do you think that states should take the time to eliminate these provisions? Why?

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Section 22 The Three Branches

Reader’s Guide assing of new laws depends on the cooperation of the governor and the legislature. Like Key Terms the United States government, the states divide power among three branches— bicameral, lieutenant governor, plurality, item veto, Plegislative, executive, and judicial. civil case, criminal case Find Out The Legislative Branch ■ How do state legislatures and governors work together to pass laws and carry out policies The state legislature passes laws that deal that affect citizens of a state? with a variety of matters, including health, ■ How do states differ in their methods of select- crime, labor, education, and transportation. The ing qualified people to serve as judges? state legislature has the power to tax and the power Understanding Concepts to spend and borrow money. Finally, the state legislature acts as a check on the power of the gover- Separation of Powers How does the principle of separation of powers in state government compare nor and the bureaucracy. with that of the federal government? State legislatures are known by various names. In 19 states the state legislature is called the general assembly. In New Hampshire and Massachu- setts, the legislature is known as the general court. In North Dakota and Oregon, it is called the legislative assembly. Bill-Signing Race Almost every state has a bicameral state legis- 20, 1997 lature—one with two houses, like the United AUSTIN, TEXAS, JUNE States Congress. The upper house is always called overnor George W. the senate, and the lower house is usually called GBush put his signature the house of representatives. In some states, the on nearly 100 bills Thurs- lower house is called the general assembly, the leg- day, leaving him 480 more islative assembly, or the general court. Nebraska to decide in the next three has the only unicameral, or one-chambered, days. The Texas legislature state legislature in the country. sent 1,487 bills to the governor during its 140-day The Road to the Legislature Members of session, which ended on the state legislature are elected from legislative June 2. Many were passed districts of relatively equal population. Until the Governor Bush in the closing hours of 1964 many state voting districts were based on session. In a bill-signing had area rather than population. Most state consti- Thursday afternoon Bush marathon, through allowed 1 to be- tutions made the county the basic voting dis- 1,002 bills, vetoed 4, and approved is the dead- trict for the state senate. Because of differing without his signature. Sunday come law spokesperson rates of population growth, this system often the governor to act. However, a line for planned to get resulted in striking differences in representa- said that the governor for Bush on Friday. tion. A county with a population of 1,500 was most of the remaining legislation through entitled to elect 1 senator, as was a county with a population of 800,000.

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In 1964 the Supreme Court ruled that voting Organization of Legislatures Most state districts for both houses of state legislatures had to legislatures are organized like the United States be based on roughly equal populations. Chief Jus- Congress. The size and population of a state does tice Earl Warren stated the Court’s position in the not determine the size of its legislature as one case of Reynolds v. Sims 1 (1964): “Legislators are might expect. A populous state like California has elected by voters, not farms or cities or economic 80 members in its lower house, while New Hamp- interests.” In most states voting districts were re- shire has 400 members in its lower house. On the drawn to comply with the Court’s “one person, average, membership in the lower house of a state one vote” ruling. While cities gained from voting legislature is about 100. State senates, on the other districts based on equal population, the suburbs hand, average only about 40 members. gained many seats in the legislatures of states such In the lower house, the presiding officer is as Illinois, New York, and New Jersey. called the speaker of the house—a position similar to that of the Speaker in the House of Repre- Qualifications and Term of Office The sentatives. The majority party in the lower house state constitutions define the legal qualifications usually chooses the speaker. The speaker has the for state legislators. In most states a person must be power to appoint the chairpersons along with all a resident of the district he or she wishes to repre- other members of house committees. sent. To serve as a senator, a person usually must be In 26 states the presiding officer of the upper at least 25 years old and a resident of the state for house is the lieutenant governor. He or she serves some specified time. To serve in the lower house, a very much like the vice president of the United person usually must be at least 21 years old and States, who presides over the United States Senate. meet residency requirements. In those states that do not have a lieutenant gover- Legal qualifications aside, the office of state nor, senators usually elect their presiding officer. legislator seems to attract certain kinds of professional people. Many state legislators are lawyers. A The Committee System In most state legis- sizable number of state legislators also come from latures, more than 1,000 bills are introduced each professions that state laws directly affect, such as session. Having an organized system for doing this real estate and insurance. Unlike members of the work is vital. Just as in Congress, committees con- United States Congress, the majority of state legis- duct much of the work. lators work part-time and are not well paid. In 8 states legislators are paid only when the legislature The Course of Legislation As in Congress, a is in session. In most states members of the senate member of the state legislature introduces each serve four-year terms, while members of the lower bill. However, unlike Congress many legislative house serve two-year terms. In Alabama, Mary- bills actually originate in the executive branch of land, Louisiana, and Mississippi, members of both state government. the senate and the lower house serve four-year Interest groups such as labor unions, business terms of office. organizations, community groups, professional associations, or even an association of bird-watch- Legislative Sessions In the past, a typical ers may propose a bill and submit it to a legislator state legislature met for one or perhaps two to introduce. These groups may also provide ex- months of the year. Some state legislatures met as perts to testify for the bill in committee hearings. infrequently as every other year. To handle a growing workload, the length and frequency of legislative sessions have increased. In more than GOVERNMENT three-fourths of the states, the legislature now holds annual sessions. Only seven states have legislatures Student Web Activity Visit the United States that still meet every other year. Government: Democracy in Action Web site at gov.glencoe.com and click on Chapter 23– Student Web Activities for an activity about state See the following footnoted materials in the Reference Handbook: constitutions. 1. Reynolds v. Sims case summary, page 764.

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A bill may begin in ei- Where the Work Is Done ther house of the state legislature. The presiding officer of that house sends the bill to a committee that special- izes in the subject matter of the bill. The committee dis- cusses the bill and may hold public hearings. It may rewrite the bill or modify it. It then sends the bill back to the full house along with its recommendation that the bill be passed or not passed. Once a bill is on the agenda of the full house, it is ready for discussion and vote. If one house passes a bill, it must go through a similar process in the other house. Sometimes the second house changes a bill it has received. In this case the Lawmaking Processes Members of the Texas legislature meet in legislature creates a confer- committee. The committee is the basic work unit of state legislatures. ence committee from both What are some legislative areas normally dealt with by committees? houses to resolve the differences. Both houses then must vote on the conference committee’s bill. Becoming a Governor State constitutions If passed, bills go to the governor for signature spell out the few legal or formal qualifications for or veto. Of the bills that are introduced, less than becoming governor. In most states a governor one-fourth become laws. must be at least 30 years old, an American citizen, and a state resident for 5 or more years. Citizenship and residency requirements vary widely. The Executive Branch In addition to these legal qualifications, how- Every state has an executive branch of gov- ever, a person must usually meet certain political ernment headed by a governor. The office of qualifications. Most governors, for example, have governor, in a sense, was created to be weak. Be- served in state and local government before run- cause of their bad experience as colonies with royal ning for governor. Many have served as state lieu- governors, the early states limited the powers of tenant governor or state attorney general. One-half their governors. This practice continued through of the governors recently elected are lawyers who the nation’s history, as most state constitutions se- have practiced in their own or other states. verely restricted the governor’s powers. Until 1965 most governors had short terms of office, a one- Election In most states the process for electing a term limit on their service, and weak executive governor has two basic steps. First, an individual powers. Like the office of president, the office of must gain the nomination of a major political party, governor has generally become more powerful in usually by winning a party primary. Only three recent years. Because of the great differences in the states—Connecticut, Utah, and Virginia—still use area and population of states, however, a vast dif- the older convention method to nominate candi- ference in the power and influence of the 50 gover- dates for governor. Second, once chosen, the party nors exists. nominee then runs in the general election.

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In most states the candidate who wins a plu- governor, Gray Davis. In the recall election, over rality vote is elected governor. A plurality is the 100 people submitted the required fee of $3,500 to largest number of votes in an election. In five be on the ballot, but only a few were serious candi- states, however, a majority is required for election. dates. The winner was actor Arnold Schwarzeneg- In Arizona, Georgia, and Louisiana, if no one re- ger, a Republican who managed to attract a wide ceives a majority, a run-off election is held between range of voters across age, gender, and party lines. the two candidates who receive the most votes in He promised to address California’s budget crisis the general election. In Mississippi the lower house and bring new ideas to the office. of the state legislature chooses the governor if no candidate obtains a majority in the general elec- The Roles of the Governor The governor’s tion. In Vermont the house and senate choose. activities range from proposing and signing legislation to visiting foreign countries. The executive Term of Office and Salary Most governors branch of state government carries out laws the serve four-year terms. In two states, Vermont state legislature passes. The governor’s responsibil- and New Hampshire, the term of office is only ities may include budgeting, appointing officials, two years. Many states also limit the number planning for economic growth, and coordinating of terms a governor may serve in office. Twenty- the work of executive departments. The amount of seven states have a two-term limit. Governors’ control that a governor has over the executive salaries range from $179,000 in New York to branch varies widely from state to state. $65,000 in Nebraska. Most states also pay a gover- People look to their state’s governor for leader- nor’s official expenses and provide state vehicles ship. Therefore, the governor is expected to play an for transportation. In addition, 46 states provide important legislative role. Theodore Roosevelt, who an official residence for the governor. served as governor of New York state, said, “More Eighteen states also allow recall, the process of than half of my work as governor was in the direc- allowing the people to vote to remove state officials, tion of getting needed and important legislation.” such as governors, from office. In 2003 the state of Governors are usually looked upon as the California voted to recall their sitting Democratic leaders of the party in their states. The governor at- tends political-party dinners, speaks at party functions, and may campaign for party candidates in A New Leader local elections. In addition, governors participate in events such as the Democratic or Republican Governors’ Conference. Frequently governors attempt to negotiate grants from the national government in such areas as aid to schools, urban aid, or highway construction. Governors may also represent their states in seeking cooperation from other states in such areas as transportation and pollution control. More recently, governors have even represented their states internationally as they have tried to encourage foreign businesses to locate in their states or sought outlets for trade of products their states produce.

A New Leader In 2003 Arnold Schwarzenegger Managing the Executive Branch The gover- was elected governor of the state of California. nor’s executive powers include two basic components: The sitting governor, Gray Davis, was removed by the power to carry out the law and the power to voters through the recall method. What do you think are the advantages and supervise the executive branch of state government. disadvantages of removing a state official The constitutions of many states created a di- using the recall method? vided executive branch, making many executive officials politically and legally independent of each

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other. In more than half the states, for example, the Today all governors have a veto power over people elect the governor, the lieutenant governor, legislation the state legislature passes. North the attorney general, and the secretary of state. In Carolina was the last state to grant this power to its addition, they often serve for different terms of of- governor (1996). In all but a few states the governor fice and have specific and separate responsibilities possesses an item veto. An item veto is the power to that the state constitution defines. turn down a particular section or item in a piece of As a result, officials from different political legislation without vetoing the entire law. The use of parties who have different ideas and conflicting the item veto has led to a controversy. Two Wiscon- political ambitions may head executive offices. Co- sin legislators sued their governor over his veto of operation is often difficult, leaving the governor “individual sentences, words, parts of words, single limited control over the executive branch. letters,” and other minor details in a legislative bill. Some states, such as Tennessee and New Jersey, A federal appeals court sided with the governor. A give the governor considerable control over the ex- state legislature can override a governor’s veto ecutive branch. The constitutions of these states under certain conditions. Usually a two-thirds vote have created an executive branch with only one of all the legislators in each house is required to elected official or only a few such officials. override a veto. In all but eight states, the governor has full re- A third legislative power of the governor is the sponsibility for preparing the state budget. Once ability to call a special session of the state legisla- prepared, this budget will be submitted to the state ture. Legislatures meet at regularly scheduled legislature for approval. The power to make up the times, but the governor can call a special session to budget allows a governor to push certain programs deal with legislation he or she feels is vital to the and policies. state’s best interests and well-being. All governors can exercise military powers through their role as commander in chief of the Judicial Powers A governor normally has state National Guard. The National Guard can be some limited powers over the state court system used in a national emergency, such as a war, if the and the administration of justice. Governors ap- president calls it into action. Normally, however, point almost one-fourth of all state judges the National Guard serves as a state militia, under throughout the country. In addition, a governor the governor’s control. State constitutions allow may have one or more of the following powers the governor to use the National Guard to main- over people convicted of crimes: the right to grant tain law and order in case of state emergencies. pardons, shorten sentences, waive fines, and release prisoners on parole. Executive Reform Since 1965 more than half the states have reformed their constitutions to give Other Executive Officers In all but four the governor greater executive power. In addition states—Maine, New Hampshire, New Jersey, and to lengthening the governor’s term of office, many Tennessee—other elected officials are part of the states have provided that the lieutenant governor executive branch. Less visible than the governor, must run on a joint ticket with the governor. Other these executives often hold important positions. changes that have strengthened the governor’s Forty-four states have a lieutenant governor, a powers include giving the governor more control position similar to that of the vice president of over appointments to departments and agencies. the United States. The lieutenant governor becomes governor when the office is vacated. The lieutenant Legislative Powers As does the president, a governor also usually presides over the state senate. governor has legislative power without being part In all but eight states the people elect the top of the legislative branch. A governor can propose legal officer in the state government, the attorney legislation to the state legislature. He or she can general. In the remaining states the governor usu- send legislative messages to the state legislature ally appoints the attorney general. The attorney and can present new programs as part of the state general supervises the legal activities of all state budget. In addition, a governor can arouse public agencies, gives legal advice to the governor, and opinion to support these legislative proposals. acts as a lawyer for the state in cases in which it is

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The Importance of State Courts State courts interpret and apply state and local laws. State courts decide most cases of murder, assault, and reckless driving, which are usually violations of state laws. State courts also decide cases that involve local laws, like littering or illegal parking. All local courts are part of a state court system. The Two’s a Crowd Most local municipal court in which a person challenges states make life a little a traffic ticket is also part of a state court system. simpler for their voters by State courts deal with two general types of holding the gubernatorial legal disputes: civil and criminal cases. A civil case election in a different year usually involves a dispute between two or more from the presidential election. private individuals or organizations. In a criminal Currently, only 13 states elect case, the state brings charges against a citizen for governors and presidents in violating the law. Criminal cases involve either a the same year. misdemeanor or a felony. The state is always the prosecution in criminal cases, while it is usually not involved in civil cases.

involved. Probably the most significant power of State Court Systems State court systems the attorney general is the power to issue opinions, vary in their structure. They also vary in the names or written interpretations of the state constitution the states give the courts. In general, state court or laws. These opinions carry legal authority unless systems include three types of courts: minor a court overturns them. courts, general trial courts, and appeals courts. At the federal level, the secretary of state deals The best-known minor court, especially in with foreign relations. In state government, the po- small towns and rural areas, is the justice court, sition of secretary of state is very much what its presided over by a justice of the peace. The justice name describes—the chief secretary or clerk of of the peace performs marriages, handles minor state government. The secretary of state is in civil and criminal cases, and legalizes documents. charge of all state records and official state docu- In many cities police courts, municipal courts, or ments, including all the official acts of the gover- magistrate courts handle minor legal matters like nor and the legislature. petty crimes or property disputes. These courts The state treasurer manages the money that a are also known as minor courts of limited state government collects and pays out. He or she jurisdiction, local trial courts, and inferior trial pays the bills of state government and often serves courts. as the state tax collector. In most states the state States include a whole range of minor courts. treasurer also has the power to invest state funds. Small claims courts hear civil arguments that in- Many other executive officers work in state volve small amounts of money. Juvenile courts governments. Most states have a state comptroller hear cases involving people under the age of 18. or auditor, a superintendent of public instruction, Domestic relations courts handle disputes be- and other agencies, boards, and commissions. tween husbands and wives and other family members. Traffic courts hear cases dealing with traffic The Judicial Branch and parking violations. Probate courts handle cases involving the inheritance of property. Vital to the operation of state governments, General trial courts, known from state to state the judiciary interprets and applies state by such different names as county courts, circuit laws. In doing so, state courts help resolve conflicts courts, courts of common pleas, superior courts, like business disagreements and grievances that cit- and district courts, stand above minor courts in izens may have against each other. State courts also the state court system. These courts may hear any punish crimes that violate state laws. type of case, civil or criminal. Cases involving

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serious crimes like murder, arson, and robbery are voters more than to administer the law impartial- heard in these courts. ly. Further, voters often know little or nothing Appeals courts review cases that a lower court about the candidates for judicial posts and have has already decided. The highest state court is usu- no way of discriminating among candidates. De- ally called the supreme court. The supreme court is spite these concerns, popular election is still a the state court of final appeal. In Maryland and common method of selecting judges in 21 states. New York this court is called the court of appeals. In 8 states, the governor appoints all or nearly all The state’s supreme court performs another signif- state judges. icant function. It interprets the state’s constitution and laws. Three-fourths of the states have addi- Removal of Judges A judge must demon- tional appeals courts, called intermediate appellate strate a minimum level of competence, skill, and courts. These courts were created to relieve the knowledge. The judge often makes the final ruling state supreme court of the large number of cases in a case and has the last word about very critical that were being appealed. decisions in people’s lives. If judges are so important, it should be possible to evaluate their perfor- Selecting State Court Judges State judges mance and remove those who are unqualified. are selected in four different ways. Some are elected How is this done? in a popular election; others, in an election by the One method of removing judges is through legislature. Some judges are appointed by the gov- impeachment. Impeachment is a procedure ernor. Still others are selected through a method through which charges are brought against a judge called the Missouri Plan that combines appoint- or any public official accused of misconduct. Im- ment by the governor and popular election. peachment of judges, however, has proved to be in- Many people have disagreed about the wis- efficient and time-consuming. dom of electing judges. Those who favor popular In recent years most states have created disci- election believe that if government is “of the peo- plinary boards or commissions to investigate com- ple, by the people, and for the people,” then the plaints about judges. These judicial conduct people must choose their judges. Critics argue organizations are usually made up of both lawyers that popular election may make state judges too and nonlawyers. If a disciplinary board finds that concerned about the effect of their decisions on a judge has acted improperly or unethically, it makes the public. They fear that judges who are thinking a recommendation to the state’s supreme court. about reelection might be tempted to please the The court then may suspend or remove the judge.

SectionSection 22 Assessment Assessment22 ReviewReview Checking for Understanding Critical Thinking 1. Main Idea Use a graphic organizer like the one 5. Making Comparisons How is the path a bill below to show how the roles of president and takes to become a law similar in a state governor differ in at least two ways. legislature and the national Congress? President Governor

2. Define bicameral, lieutenant governor, plurality, item veto, civil case, criminal case. Separation of Powers Look through local news- 3. Identify National Guard, attorney general, secre- papers and find articles about the governor of tary of state, Missouri Plan. your state. For each article, describe what role or 4. Why do some people question the wisdom of roles your governor is playing. Attach your article electing state court judges? and role description on a class bulletin-board display titled “The Roles of the Governor.”

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Section 33 State Government Policy

Reader’s Guide hile a leash law for cats may not seem like an important area of concern for Key Terms a state, it does represent the variety of areas in which state governments corporate charter, public utility, workers’ Wlegislate. The major areas of concern for most compensation, unemployment compensation, conservation, mandatory sentencing, victim states include the regulation of business, the ad- compensation, extradition, parole, shock ministration and control of natural resources, the probation, shock incarceration, house arrest protection of individual rights, and the implemen- tation of education, health, and welfare programs. Find Out ■ What are four major objectives of state economic policy? State Regulation of Business ■ Why does each state have its own criminal In the United States, every business corpo- laws? ration must have a charter issued by a state Understanding Concepts government. A corporate charter is a document Public Policy What are the major areas in which that grants certain rights, powers, and privileges to states write and enforce public policy? a corporation. A charter is important because it gives a corporation legal status. Before 1860 state charters greatly restricted the powers of corporations. By the 1890s, however, courts and legislatures, influenced by business interests and aware that giant corporations Freedom for Cats were becoming indispensable, had relaxed , APRIL 23, 1949 SPRINGFIELD, ILLINOIS controls over business. States that continued to restrict corporations found their major business- overnor Adlai Steven- es moving to other states where the laws were son has rejected a more lenient. G in leash law for cats. “It is do a the nature of cats to Types of Regulation In the twentieth cen- un- certain amount of tury, various consumer groups demanded regu- stated escorted roaming,” lation of giant corporations. In response, federal in his veto the governor and state governments passed stronger regula- bill declared message. The tions. State laws regulated interest rates that cats a danger to prowling banks could charge. States helped set insurance state’s bird population. the Roaming Springfield companies’ rates, administered licensing exams, problem of cat versus “The and generally protected consumer interests. bird is as old as time,” attempt to resolve it by leg- Legislation regulated all kinds of corporations, Stevenson observed.“If we what we may be called upon but laws regulating banks, insurance com- islation, who knows but in the age-old problems panies, and public utilities were especially rigor- to take sides as well versus bird, or even bird of dog versus cat, bird ous. A public utility is an organization, either added that the legislature versus worm.”The governor privately or publicly owned, that supplies such than cat delinquency. has more important concerns necessities as electricity, gas, telephone service, or transportation service. In the United States

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private stockholders own most public utility com- year-olds may work. Most states require minors to panies. States may give public utility companies have work permits. the right to supply service in the state or part of the The state governments also provide workers’ state. In return for granting the right to supply a compensation—the payments people unable to service, the state assumes the right to regulate the work as a result of job-related injury or ill health company. Recently states have reduced regulations receive. Workers who lose their jobs may receive in order to encourage competition. unemployment compensation under programs that state governments set up and regulate. Protecting Consumers Since the early 1900s Workers in all states have the right to belong to states have acted to protect consumers from unfair labor unions, but some states protect workers from and deceptive trade practices such as false advertis- being forced to join unions. More than one-third ing. Nearly all of the states have laws regulating of the states have passed laws, often called “right- landlord-tenant relations. Most states also regulate to-work” laws, that prohibit the union shop. The health-care industries. State governments have en- union shop is an agreement between a union and acted legislation dealing with consumer sales and an employer that all workers must join a union— service—everything from regulating interest usually within 30 days of being hired. charges on credit cards to setting procedures for estimating the cost of automobile repairs. Most Business Development State governments states also try to protect consumers in a number of have been very active in trying to attract new busi- housing-related areas, such as home-repair costs ness and industry. Governors often travel through- and home mortgages. Several states also require out the country or even to foreign countries to consumer education in the schools. bring new business to their states. Television advertising, billboards, brochures, and newspaper Protecting Workers Nearly all states have advertisements promote travel or business oppor- laws that regulate the safety and sanitary condi- tunities. tions of factories. Federal child-labor rules limit Beginning in the 1930s, state governments the number of hours that 14- and 15-year-olds sold industrial development bonds to people or may work and place other restrictions on work for institutions and used the money to help finance those under age 18. In addition to the federal rules, industries that relocated or expanded within the many states regulate the hours that 16- and 17- state. The state paid off the bond within a specified

Other licenses control every- Licenses day activities that could also be ome activities, if practiced by unqualified per- harmful. For example, hunting sons, can be a danger to society. Licensing and fishing licenses protect S allows the government to make sure that wildlife populations. Because people who perform specific activities meet certain most licenses require a fee and standards. If you work as a doctor or teacher, you must be periodically renewed, Obtaining a will have to be licensed by the state. For public licensing also raises money safety, anyone who operates a motor vehicle must for the state. driver’s license have a driver’s license. You probably had to com- plete a driver education course and pass a test to articipating get your driver’s license. In the professional world IN GOVERNMENT ACTIVITY education and testing assure that, like licensed drivers, licensed professionals possess a Investigate Find out what activities or occupa- minimum level of competence. tions require licenses in your state.

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lizabeth Wright-Ingraham Wright-Ingraham believes that was the first female archi- all things in nature are intercon- Making a Difference Etect to be licensed in the nected. She has built more than Making a Difference state of Illinois. The granddaugh- 130 structures employing an ter of the famous architect Frank economy of resources. Her Vista Elizabeth Lloyd Wright, Elizabeth had an im- Grande Community Church (1987) Wright-Ingraham pressive legacy, but it has been was the first building in the nation difficult to move out of the shad- to use the Thermo-mass Sys- ow of her legendary grandfather. tem—insulation contained within In 1970 she founded the Wright- the structural concrete. It is now Ingraham Institute, a think tank used throughout the nation. for graduate study and public ed- Today Wright-Ingraham is a re- ucation in Colorado. spected champion of Western ar- Wright- Its purpose was to in- chitecture and environmentalism. Ingraham’s troduce a broad core She also chairs her town planning architecture base for educational commission, sits on the advisory systems. Twenty dif- board of a medical research ferent universities laboratory, lectures, and writes participated. papers.

time period from money that the industry paid Not until the 1980s, when the federal govern- back to the state in the form of taxes. Today a state ment took less regulatory action, did the states re- may offer an incentive such as a tax credit, or a re- claim many regulatory powers from Washington, duction in taxes, in return for the creation of new D.C. States passed new laws regulating everything jobs or new business investment. from roadside billboard advertising to the labeling of food products, assuming some of the functions of the Federal Trade Commission. States and the Environment Business seemed threatened from a new direc- State governments are concerned about two tion. Once fearful of federal regulation, it now goals that sometimes clash: economic turned to the national government for protection growth and environmental protection. A thriving from the states’ new restrictions. One observer of economy brings money, jobs, and business to a this turnaround noted: state. Economic growth can, however, cause environmental problems. Factories provide jobs but California, for example, passed a law in they can also produce air and water pollution. “1986 requiring food processors to warn consumers about any food containing car- Environmental Concerns In recent years the cinogenic chemicals. Processors and grocers quality of the physical environment has become a are not asking the state to change its mind; major concern of the public. Scientists have warned they are trying to get Congress to pass leg- that air and water pollution endanger public health. islation preempting all such state laws. The states’ reaction to environmental issues —David Rapp, October 1990” has been mixed. In conservation and land use, the states took a leading role. In the 1940s California Influenced by a giant oil spill off the coast of Alas- was the first state to pass an antipollution law. ka in 1989, however, Congress actually strength- Most state governments acted to combat pollu- ened state power with a law that allows states to tion, however, only after the federal government impose any liability standards on business that had passed stringent environmental laws. they choose.

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Pollution Control Pollution is one of the Hawaii was the first state to enact a land-use law. painful by-products of modern life. Before 1964 Wyoming, Idaho, and Florida soon followed. only nine states had enacted regulations to control Other states have taken action to protect land air pollution. In the 1960s, however, the federal and water resources. Oregon, for example, has government passed a number of pollution curbing taken steps to protect 500 miles of rivers and ban laws including the Clean Air Act (1963), the Water billboards and disposable bottles. Nearly half of Quality Act (1965), the Air Quality Control Act the states have passed laws to control strip-mining, (1967), and the National Environmental Policy Act a form of mining that removes the topsoil. (1969). These laws set up federal standards for air These actions only touch the surface of what and water quality and also provided federal states have done in the area of conservation. More money. The 1970 Clean Air Amendments gave the action is likely to follow as the environment re- federal government enforcement power and the mains an important public issue. 1990 Clean Air Act required emission reductions. The states have more recently taken steps to control pollution. Most states now require envi- Protecting Life and Property ronmental impact statements for major govern- For the most part, protecting life and prop- mental or private projects, describing how the erty is the responsibility of state and local project is likely to affect the environment. Many governments. These governments provide more states require industries to secure permits if their than 90 percent of all employees in the criminal wastes pollute the air or water. Often such permits justice system. Laws dealing with most common are so costly that the industry finds it cheaper to crimes come directly from state government. The install antipollution devices. Most have developed federal government has only limited jurisdiction waste-management programs. Most also regulate over most crimes. Local governments usually do the disposal of radioactive wastes. not make criminal laws, but they enforce state laws that protect life and property. Costs of Pollution Control Federal and state interest in pollution control remains strong. This is State Criminal Laws Laws prohibiting such especially evident in the Brownfields initiative, crimes as murder, rape, assault, burglary, and the begun in 1993. By 2000 this federally sponsored sale and use of dangerous drugs are all part of the program had awarded more than $140 million in state criminal code. Local governments can only grants to almost 400 communities from New Bed- enact laws dealing with crime that their state gov- ford, Massachusetts, to Metlakatla, Alaska. The ernments allow them to pass. money was used to clean up abandoned, lightly The federal system allows for great variety in polluted areas and to make them productive parts the ways states deal with crime, permitting the of surrounding communities. These grants have states to experiment with new programs and tech- created thousands of jobs and attracted $2.50 in niques. Each state sets its own system of punish- private investment for every dollar spent by feder- ment. Several states have introduced mandatory al, state, and local governments. sentencing for drug-related crimes. Mandatory sentencing is a system of fixed, required terms of Conservation The care and protection of nat- imprisonment for certain types of crimes. In most ural resources including the land, lakes, rivers, and other states, a judge has greater flexibility in im- forests; oil, natural gas, and other energy sources; posing sentences on drug offenders. To take anoth- and wildlife is called conservation. In recent years er example, about four out of five states have state governments have increased their efforts to passed victim compensation laws, whereby state conserve these resources. government provides financial aid to victims of A number of states have laws that allow the certain crimes. state government to plan and regulate land use. Through a land-use law, for example, a state gov- Problems of Decentralized Justice Be- ernment can preserve certain land from industrial cause criminal justice is usually a state responsibil- development and set aside other land for parks. ity, the justice system has often been described as

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decentralized, or even fragmented. Generally, forces. State police are normally limited in the however, decentralization has been regarded as an functions they perform—most are basically high- advantage. Different crime rates, along with differ- way patrol units. The state police have investigative ent living conditions, may call for criminal laws powers in many states, but in only a few states do specifically geared to a particular state. they possess broad police responsibilities. Decentralized justice does create some problems, however. For example, extradition is a legal Criminal Corrections State courts handle the procedure through which a person accused of a great majority of all criminal cases in the United crime who has fled to another state is, on demand, States. State prisons, county and municipal jails, returned to the state where the crime took place. and other houses of detention throughout a state While Article IV 1 of the United States Constitu- make up a state’s correction system. Recently state tion does specifically require extradition, some- spending for corrections has been growing faster times governors have been reluctant to extradite than for education, public welfare, hospitals, or people. highways. A California criminal justice official ex- plained the trend: State Police Forces The well-known Texas Rangers were formed in 1835 as a border patrol As crime continued to grow, as violence force. The first actual state police force, however, “continued to grow, and there was an in- was the Pennsylvania State Constabulary, orga- carcerative response, then there was a ne- nized in 1905. As the automobile became more cessity to build. Of course, building prisons widely used, many states turned to mobile police is extremely expensive. And when you build them, you must staff them, and

See the following footnoted materials in the Reference Handbook: that’s extremely expensive. 1. The Constitution, pages 774–799. —G. Albert Howenstein,” 1990 StateState andand LocalLocal SpendingSpending onon CriminalCriminal JusticeJustice

Highest State Spending Direct Expenditures on Prison per Prisoner, 2001 Criminal Justice, 1989–1999 Population Growth

Massachusetts $86,870 70

60 4.1%

Minnesota $59,037 3.9%

50 3.5% Maine $55,751 40 Utah $46,229 30 2.4%

Rhode Island $45,973 20

Dollars (in billions) Local U.S. Avg. $27,504 10 1.3% State 0.3% 0 ’89 ’91 ’93 ’95 ’97 ’99 ’97 ’98 ’99 ’00 ’01 ’02 Year Year Source: Bureau of Justice Statistics, Bulletin (Washington D.C.: Bureau of Justice Statistics, 2003).

Critical Thinking The growth of prison populations has a direct impact on state spending for justice, one of the fastest rising categories of state expenditures in recent years. About how much did state spending for justice increase between 1989 and 1999?

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Judges, aware of the strains on the system, Vast differences among the states in terms of often choose probation as a sentence. Today more public school financing exist. Hawaii has no local than 2 million people are on probation. Hundreds school districts, and the state contributes about 90 of thousands are on parole. Parole means that a percent of all public school funds. In New Hamp- prisoner serves the rest of the sentence in the com- shire, Oregon, and South Dakota, the state con- munity under the supervision of a parole officer. tributes less than 30 percent of public school Because of probation and parole, three out of funds. Local funds in these states account for the every four offenders who might otherwise be in largest share of school revenues. prison are in the community. There are also differences in the total amount of spending per pupil among the states. The dif- Sentencing Options Many states are giving ferences between rich and poor school districts judges more sentencing options, such as shock within some states are so great that recently state probation, shock incarceration, intensive supervi- courts have struck down some funding systems as sion probation or parole, and house arrest. Several unconstitutional. Despite concerns about funding states introduced shock probation in the 1960s. levels, the amount a state spends does not always It was designed to show young offenders how lead to better student performance. Some states terrible prison life could be through a brief prison that spend less money have students that score incarceration followed by supervised release. relatively high on standardized tests. Many dif- Shock incarceration, a relatively new program, in- ferent factors, including the cost of living, the types volves shorter sentences in a highly structured en- of facilities provided, maintenance costs, busing vironment where offenders participate in work, costs, and property tax rates, affect how much a community service, education, and counseling. state spends. Intensive supervision probation or parole State governments establish local school dis- keeps high-risk offenders in the community, but tricts and give these districts the power to admin- under close supervision that involves frequent ister public schools. State governments regulate the home visits or even nightly curfew checks. The of- taxes that school districts may levy and the amount fender often wears an electronic device that con- of money they may borrow. They set forth many of tinually signals his or her location. the policies that school districts must administer. A related alternative sentence is house arrest, For example, nearly half of the states require a which requires an offender to stay at home except minimum competency test for graduation. In ad- for certain functions the court permits. Several dition, states stipulate the number of days schools states are using this approach to incarceration. must stay open, the number of years a student must go to school, the number of grades that must be taught, the types of courses a school must offer, Providing for Education, the number of course credits required for gradua- Health, and Welfare tion, the minimum salaries of teachers, and general teacher qualifications. Some state governments Health, education, and welfare programs also establish detailed course content, approve combined make up the largest part of state textbooks, and create statewide examinations. spending. In a recent year, for example, more than 60 percent of all state expenditures were in these Public Health In the area of health, the state’s three areas. Education accounted for the largest police power allows the state to license doctors and share; welfare was the next largest. dentists, regulate the sale of drugs, and require vac- cination for schoolchildren. State governments Education For many years the control and fi- also provide a wide range of health services. States nancing of public schools was almost entirely in support hospitals, mental health clinics, and insti- local hands. In 1900, for example, state govern- tutions for the disabled. ments contributed only 17 percent of all the costs State health agencies serve five broad areas: per- of public education. Today states contribute about sonal health, health resources, environmental health, 45 percent of public school revenues. laboratories, and aid to local health departments.

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State health agencies provide care for mothers and assistance to provide financial help to state govern- their newborn children, treatment of contagious ments. These were Aid to Families with Dependent diseases and chronic illnesses, mental health care, Children (AFDC), Aid to the Blind, and Old Age public dental clinics, and immunization against Assistance. Congress added Aid to the Permanently communicable and other diseases. Personal health and Totally Disabled in 1950. The federal govern- expenditures make up more than two-thirds of all ment passed welfare reform legislation in 1996, state public health costs. ending AFDC. Then AFDC was replaced with State governments are also now involved in a lump-sum payments to the states. Subject to some number of environmental health activities, includ- restrictions, states were given authority to operate ing air and water quality control, radiation control, their own welfare programs. and hazardous waste management. State health Medicaid, another federal-state welfare pro- agencies provide laboratory services to local health gram, provides money to the states to help people departments that often cannot afford to maintain who cannot afford necessary medical services. The their own facilities. State governments often pay program covers elderly people with insufficient the bill for public health services that local author- funds, the blind and disabled, and low-income fam- ities deliver and administer. ilies with dependent children. State governments administer Medicaid, set certain conditions for eligi- Public Welfare Government efforts to main- bility, and provide almost 45 percent of the total cost. tain basic health and living conditions for those people who have insufficient resources of their State Welfare Programs Most states have own are called public welfare, or human services. programs of general assistance for people who do Public welfare programs have grown at every level not fall into any of the federally mandated cate- of government in the twentieth century. In 1900 gories. States administer and finance general assis- welfare functions were few; local governments and tance programs, with some help from local private charitable organizations provided those governments. Their benefits vary from state to that did exist. By 1934 more than half the states state. Urbanized states like New York, California, had public welfare programs. By the 1990s all three Michigan, and Massachusetts tend to have more levels of government were spending billions of generous programs than do less urbanized states. dollars on welfare programs from food stamps to Since the early 1930s, state government expendi- cash payments. tures have increased dramatically because of Under the Social Security Act of 1935, the expansion in public health, education, welfare, and federal government created three areas of public environmental protection spending.

Section 33 AssessmentAssessment Checking for Understanding Critical Thinking 1. Main Idea Use chart to show the four major 5. Expressing Problems Clearly What factors must policy areas in which state governments enact a state legislature weigh when considering taxing legislation and an Policy Area Example or regulating large business corporations? example of each. 2. Define corporate charter, public utility, workers’ compensation, unemployment compensation, conservation, mandatory sentencing, victim compensation, extradition, parole, shock probation, Public Policy Each state writes and enforces shock incarceration, house arrest. its own policies in areas such as education, 3. Identify industrial development bonds, Medicaid. the environment, housing, and welfare. Create 4. Why is a decentralized system of justice an ad- a poster that illustrates serious problems vantage in the United States? related to one of these areas. Share your chart and analyze possible policy solutions.

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Shelton v. Tucker, 1960 State and local govern- CASES TO DEBATE ments have the primary responsibility for gov- erning education in the United States. Thus, states pass many laws related to schools, teachers, and curriculum. Is a state law that requires teachers to publicly report every organization to which they belong or regularly give money constitutional? The Supreme Court dealt with A public school teacher at work this question in the case of Shelton v. Tucker.

Background of the Case The Constitutional Issue In 1958 the Arkansas state legislature passed Neither the Constitution nor the Bill of Rights a law called Act 10 that required every teacher in a explicitly protects the right of individuals to associ- public school to annually file a report listing without ate with others who share similar beliefs. However, limitation “all organizations . . . to which he has be- starting in the 1920s the Supreme Court began longed during the past five years, and also listing all making decisions based on the idea that freedom organizations to which he at the time is paying reg- of association was an important part of the free- ular dues or is making regular contributions.” The dom of speech and assembly guaranteed in the law did not say the information collected from each First Amendment, as well as the concept of liberty teacher had to be kept confidential, and it allowed contained in the Fourteenth Amendment. In 1958, local school boards to make use of the information in the case of NAACP v. Alabama, the Court formal- in any way they wanted. Arkansas’s teachers were ly recognized this right. Justice Harlan wrote: “Effec- not covered by a civil service system. Rather, they tive advocacy . . . is undeniably enhanced by group were hired on a year-to-year basis and thus had association;” thus, “state action which may have no job security beyond the end of each school year. the effect of curtailing the freedom to associate is B.T. Shelton, a teacher in the Little Rock Public subject to the closest scrutiny.” The Court devel- Schools for 25 years, refused to comply with the oped the idea of freedom of association because it new law and lost his teaching job. Shelton sued on recognized that laws requiring people to disclose behalf of teachers across the state, claiming that their organizational memberships could easily be- Act 10 was unconstitutional. Both state and federal come a way for governments to punish people who courts ruled against Shelton. joined unpopular or minority organizations.

Debating the Case

Questions to Consider You Be the Judge 1. Did Act 10 serve a legitimate governmental pur- In your opinion, did the Arkansas law violate pose, or did it collect more information than the teachers’ freedom of association? How do the state government needed to judge the fitness of concepts of freedom guaranteed in the First and teachers? Fourteenth Amendments apply in this case? Would 2. How could a law like Act 10 be used to restrict a government ever be justified in keeping track of individual liberties? its citizens’ activities to this degree?

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Section 44 Financing State Government

Reader’s Guide tate taxes raise nearly half of the general revenue of state governments. In addition, Key Terms states receive money from the federal government, lotteries, and license fees. States excise tax, regressive tax, progressive tax, propor- Smay also raise revenue by borrowing money. tional tax, bond, intergovernmental revenue, federal grant, block grant, mandate Find Out Tax Revenue ■ What are the major sources of state tax Individual state constitutions limit state revenue? taxing powers. The federal Constitution ■ Under what kinds of programs does the federal also limits a state’s taxing powers in three ways: government provide aid to states? (1) A state cannot tax goods or products that Understanding Concepts move in or out of the state or the country. These imports and exports make up interstate and for- Public Policy How does state tax policy attempt to distribute the burden of taxes among different eign commerce that only Congress can tax or people and groups? regulate. (2) A state cannot tax federal property. (3) A state cannot use its taxing power to deprive people of “equal protection of the law.” A state also cannot use its taxing power to deprive people of life, liberty, or property without “due process of the law.” This Cut Is Tasty State constitutions may also prevent states ATLANTA, GEORGIA, 1996 from taxing property used for educational, charitable, or religious purposes. Some state constitu- y a nearly unanimous tions specifically prohibit or limit certain taxes vote, the legislature has re- such as the sales tax and the income tax. In other B food moved all sales tax on states voters have approved constitutional this bought in Georgia. With amendments limiting property taxes. action, Georgia joins a grow- years ing trend. Twenty-five The Sales Tax State governments began pur- ago, 29 states taxed food using the sales tax during the Great Depression 18 do so. chases. Today only in the 1930s. Today almost all states have some encour- Healthy state revenues type of sales tax, which accounts for about half aged the $500 million Georgia to do the total tax revenue of state governments. Two tax break. “We wanted back types of sales tax exist. The general sales tax is a something to get money No longer taxed bill’s tax imposed on a broad range of items people to taxpayers,” said the in Georgia Tom buy—cars, clothing, household products, and sponsor, Representative suggest that the legislature’s many other types of merchandise. In some Buck. However, critics to in tax increases in order states, food and drugs are not subject to this action may actually result point out taxation’s tax. The selective sales tax is a tax imposed on maintain revenue levels. They the tax base, the lower certain items such as gasoline, liquor, or ciga- basic principle: the broader the increase over time. the rates, and the smaller rettes. The selective sales tax is also called an excise tax.

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People have strongly criticized the sales tax as Financing the State a regressive tax. A regressive tax is a tax in which the percentage of income taxed drops as incomes rise. Because everyone buys necessary items such as clothing, the sales tax represents a higher percentage of the poorer person’s income.

The State Income Tax Today most states have individual income taxes and corporate income taxes. Despite much opposition, the state income tax now accounts for more than 30 percent of all state tax revenues, compared to 10 percent in 1956. The state imposes the income tax on the earnings of individuals and corporations. When this tax rises as a person’s income rises, it is called a progressive tax. Some states assess income taxes at the same rate for every wage earner. For example, each person’s income might be taxed 10 percent. This type of tax is called a propor- Responsibilities of Taxpayers State sales tional tax. taxes are easy to administer because the person who sells the item, like the employee at this Other Taxes States require license fees for a music store, collects the tax. Why might the state sales tax be a little less painful for the wide variety of businesses and professions—doc- taxpayer than other types of state taxes? tors, realtors, lawyers, electricians, and others. Likewise, many states issue licenses for bus lines, amusement parks, and other businesses. Fees for motor vehicle registration and driver’s licenses by Borrowing States usually borrow money to pay far bring in the most license tax revenue that states for large, long-term expenditures such as highway collect. construction or other building projects. State gov- States impose severance taxes on the removal ernments borrow by selling bonds. A bond is a of natural resources such as oil, gas, coal, uranium, contractual promise on the part of the borrower to and fish from state land or water. Severance taxes repay a certain sum plus interest by a specified are especially good sources of revenue in oil- and date. In most states voters must be asked to ap- gas-producing states, such as Oklahoma and Texas. prove new bond issues. Kentucky brings in considerable revenue from a severance tax on coal. Lotteries Nearly three-fourths of the states run Most states have numerous taxes that are less public lotteries to raise revenue. Lotteries, once well known. Many still use the state property tax, outlawed, emerged again after Congress passed which is a tax on certain kinds of property such as legislation permitting state lotteries in 1963. Lot- jewelry and furniture. More than a dozen states teries became the fastest-growing source of state have inheritance or estate taxes. These are taxes revenues in the 1980s. The states spend about half that states collect on the money and property the lottery income on prizes and 6 percent on ad- inherited when a person dies. ministration.

Intergovernmental Revenue The federal Other Sources of Revenue government, with its vast revenue and taxing States differ widely in their sources of rev- power, provides about 20 percent of all state revenue. Taxes pay only a part of state govern- enues. Intergovernmental revenue, or revenue ment expenses. To finance the rest, states turn to distributed by one level of government to another, borrowing, lotteries, and the federal government. may come in the form of a federal grant. These

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grants, also called grants-in-aid, are sums of Federal Mandates In the 1980s and 1990s, money given to the states for a variety of specific the federal government’s share of state and local purposes. government revenue declined, but federal regula- Federal grants not only supply funds, but, by tory mandates increased. A mandate is a formal stipulating how the grants are to be used, also in- order given by a higher authority, in this case by fluence the states in a number of ways. Grants sup- the federal government. Between 1980 and 1990, ply funds for programs that states may not the federal government increased the number of otherwise be able to afford. Grants also stimulate mandated programs for which state and local gov- programs and goals that the federal government ernments had to raise their own revenue. believes are necessary. Finally, grants set certain State and local officials complained about the in- minimum standards in the states. For example, the creasing number of federal mandates in areas such federal government provides grants to make sure as health and the environment. Some people be- that all states provide a minimum public welfare lieved that the federal government had intruded program. on areas of state sovereignty. Under categorical-formula grants, federal In 1995 Congress passed the Unfunded Man- funds go to all the states on the basis of a formula. date Reform Act (UMRA) to address the unfunded Different amounts go to different states, often de- requirements imposed by federal agencies. The law pending on the state’s wealth. These grants usually required congressional committees that approved a require states to provide matching funds. Under bill containing a federal mandate to describe its di- project grants state or local agencies, or even indi- rect cost to the state, local, or tribal governments, or viduals, may apply for funds for a variety of specif- private companies. The committee was also re- ic purposes: to fight crime, to improve a city’s quired to estimate the mandate’s total cost to the subway system, to control air and water pollution, Congressional Budget Office. For private business among other things. mandates costing more than $100 million yearly, State governments usually prefer block grants federal agencies must conduct cost-benefit analyses over categorical grants as a form of federal aid. A of new regulations. A 2003 study on state budget block grant is a large grant of money to a state or problems showed that the UMRA did reduce state local government to be used for a general purpose, budgetary pressure. A minimum wage increase such as public health or crime control. Block passed in 1996 and a 1998 alteration in food stamp grants have fewer guidelines, and state officials administration funding raised the average state’s an- have considerably more choice over how the nual budget by only $9 million. The average state money will be spent. spends $10 billion from its general fund every year.

Section 44 AssessmentAssessment Checking for Understanding Critical Thinking 1. Main Idea Use a graphic organizer like the one 5. Understanding Cause and Effect How does below to show why state officials prefer block Congress influence state policies through its grants as a form of federal aid. distribution of federal grants? CAUSE EFFECT State officials have more control over funds 2. Define excise tax, regressive tax, progressive tax, proportional tax, bond, intergovernmental Public Policy Contact your state offices or revenue, federal grant, block grant, mandate. use library reference materials to find out the 3. Identify categorical-formula grant. major areas of your state’s spending and 4. What are the two main categories of state tax the major sources of your state’s revenue. revenue? Summarize your information and present the data in two circle graphs.

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Writing a Report

esearching and writing a report allows you to use skills you have already learned, such as Rtaking notes and outlining. Learning the Skill Use the following guidelines to help you in writing a report. • Select an interesting topic. As you identify possible topics, focus on resources that would be available. Do preliminary research to determine whether your topic is too broad or too narrow. • Write a thesis statement that defines what you want to prove, discover, or illustrate in your report. • Prepare and do research on your topic. First Researching a topic formulate a list of main idea questions, and then do research to answer those questions. Answer the following questions about the writing Prepare note cards on each main idea ques- process. tion, listing the source information. • Organize your information by building an 1. How could you narrow this topic? outline or another kind of organizer. Then 2. What are the three main idea questions to use? follow your outline or organizer in writing a 3. Name three possible sources of information. rough draft of your report. 4. What are the next two steps in the process of • A report should have three main parts: the writing a report? introduction, the body, and the conclusion. The introduction briefly presents the topic Application ActivityActivity and gives your topic statement. In the body, follow your outline to develop the impor- In the Chapter 13 skill lesson, you tant ideas in your argument. The conclusion used research resources in your library to summarizes and restates your findings. find information on the FCC. Continue • Revise the draft into a final report. Wait for your research on this topic and write a a day, and then reread and revise it. short report. The Glencoe Skillbuilder Practicing the Skill Interactive Workbook, Level 2 provides instruction and practice Suppose you are writing a report on policies in key social studies skills. proposed to the legislature by a state governor.

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Chapter 2323 Assessment and Activities

2. What are the political qualifications that a person must meet to become governor? GOVERNMENT 3. What are four methods that states use to appoint state judges? Self-Check Quiz Visit the United States Government: 4. How do states regulate public utilities? Democracy in Action Web site at gov.glencoe.com and 5. In what three ways do federal grants influence click on Chapter 23–Self-Check Quizzes to prepare the states? for the chapter test. Understanding Concepts Reviewing Key Terms 1. Federalism In the federal system, how is sover- Define each of the following terms. eign power divided among state and federal laws and constitutions? 1. public utility 6. item veto 2. Separation of Powers What legislative policy- 2. mandate 7. regressive tax making role is a governor expected to fill? 3. criminal case 8. intergovernmental revenue 4. initiative 9. bicameral 5. civil case 10. workers’ compensation Critical Thinking Recalling Facts 1. Making Comparisons How do state constitu- 1. What is the method most states use to ratify tions compare in length and detail to the Unit- an amendment to a state constitution? ed States Constitution?

State Constitutions State Government Policy • Lay out the structure of state government • Regulate business—Monitor public utilities, protect con- • Establish different types of local government sumers, protect workers, develop new business and industry • Regulate how state and local governments can raise and • Protect the environment—Pollution control, conservation of spend money resources • Establish independent state agencies, boards, and • Protect life and property—Set and enforce criminal laws, commissions create police forces • Provide for education, health, and welfare Branches of State Government • Legislative—All states except Nebraska have a bicameral Financing State Government legislature • Taxes—Sales tax, state income tax, severance tax, state • Executive—Every state is headed by a governor, though the property tax, inheritance tax power and influence of the governor differs from state to state • Borrowing—Selling bonds • Judicial—Interprets and applies state and local laws; • Lotteries structure of state court system and selection of judges • Intergovernmental Revenue—Categorical grants and block varies from state to state grants from the federal government 656-661 CH23S4-860053 12/4/04 12:22 AM Page 661

Chapter 2323

2. Understanding Cause and Effect Use a graphic organizer like the one below to show why spending for education differs Interpreting Political Cartoons Activity among local districts. CAUSE EFFECT differences in local spending on education Analyzing Primary Sources Texas is the only state to have existed as its own nation before being granted statehood. Adopted in 1876, this was the sixth constitution of the state of Texas since it declared its independence from Mexico in 1836 and still forms the basis of the modern Texas state constitution. Read the excerpt and an- 1. What is the subject of this cartoon? swer the questions that follow. 2. As depicted here, how are state funds allocated to schools? 3. How does the cartoonist feel about the current funding “Article 1 - BILL OF RIGHTS system? That the general, great and essential principles of liberty and free government may be recognized and established, we declare: 2. Why do you think it was important to specify Section 1 - FREEDOM AND SOVEREIGNTY that the state government would be a republi- OF STATE can form of government? Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local Participating in self-government, unimpaired to all the States. State Government Section 2 - INHERENT POLITICAL POWER; The area in which state REPUBLICAN FORM OF GOVERNMENT government makes decisions All political power is inherent in the people, and all that may affect you most is free governments are founded on their authority, and education. As a person directly instituted for their benefit. The faith of the people of affected by the educational system, Texas stands pledged to the preservation of a republican you are likely to have suggestions for improving it. form of government, and, subject to this limitation only, As a class, brainstorm ideas for improving educa- they have at all times the inalienable right to alter, tion in your state. Conduct research or do a survey reform or abolish their government in such manner as to gather more information. Organize your research they may think expedient.” into a coherent plan and draft a letter to your state 1. Why do you think it is important to have a state representative suggesting a bill that addresses constitution and separate state governments? your concerns.

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