Organization and Organization and Function of State Function of State

GovernmentGovernment

Unit 4 Unit 4

Town Hall SeminarTown Hall Seminar

The LegislatureThe Legislature

A legislature is a type of deliberative A legislature is a type of deliberative assembly with the power to pass, assembly with the power to pass, amend and repeal laws. The law amend and repeal laws. The law created by a legislature is called created by a legislature is called legislation or statutory law. legislation or statutory law.

The LegislatureThe Legislature

The federal system has two chambers, the The federal system has two chambers, the Senate and the House of Representatives. Senate and the House of Representatives. These two chambers provide for the small These two chambers provide for the small states to have equal voice with the large states to have equal voice with the large states in the Senate chamber and provides states in the Senate chamber and provides for proportional representation of the for proportional representation of the citizenry in the House of Representatives. citizenry in the House of Representatives. An additional feature of such a system is An additional feature of such a system is that it also represents an internal check that it also represents an internal check against one chamber becoming corrupted against one chamber becoming corrupted by outside influences. by outside influences.

Make-up of CongressMake-up of Congress Congress is the legislative branch of the Congress is the legislative branch of the

American national government. It is one American national government. It is one of the three branches making up our of the three branches making up our separation of power system. The powers separation of power system. The powers of Congress are defined in Article I of the of Congress are defined in Article I of the U.S. Constitution. Congress is made up of U.S. Constitution. Congress is made up of two coequal chambers: The U.S. Senate two coequal chambers: The U.S. Senate and the U.S. House of Representatives. and the U.S. House of Representatives. There are 100 Senators, two from each There are 100 Senators, two from each State of the Union, and 435 Congressmen. State of the Union, and 435 Congressmen. The number 435 has been established by The number 435 has been established by statute. statute.

111th Congress111th CongressJan 2009 - Jan 2011 Jan 2009 - Jan 2011

Not only did the Democrats win the Presidency, they also Not only did the Democrats win the Presidency, they also increased their majorities in both Houses of Congress. As of increased their majorities in both Houses of Congress. As of August 2009, the 111th Congress had 258 Democrats and August 2009, the 111th Congress had 258 Democrats and 178 Republicans with one vacancy. This is a gain of 24 178 Republicans with one vacancy. This is a gain of 24 seats. In the Senate, with two Independents voting with the seats. In the Senate, with two Independents voting with the Democrats, there were 60 Democrats and 40 Republicans. Democrats, there were 60 Democrats and 40 Republicans. Republican Senator Ted Stevens lost narrowly in Alaska Republican Senator Ted Stevens lost narrowly in Alaska after he was convicted of campaign finance violations. The after he was convicted of campaign finance violations. The Senate seat in Wisconsin was not decided in favor of the Senate seat in Wisconsin was not decided in favor of the Democrat Al Franken until June 30, 2009. Senator Joe Democrat Al Franken until June 30, 2009. Senator Joe Lieberman, now an Independent and who actively Lieberman, now an Independent and who actively campaigned for John McCain, was allowed to remain within campaigned for John McCain, was allowed to remain within the Democratic Caucus and kept his chairmanship of the the Democratic Caucus and kept his chairmanship of the Homeland Security Committee. The Republicans lost nine Homeland Security Committee. The Republicans lost nine Senate seats in the 2008 election.Senate seats in the 2008 election.

Leadership OrganizatioLeadership Organization n

House Leadership:House Leadership: Majority Party Majority Party Speaker of the House Speaker of the House Majority Leader Majority Leader Assistant Majority Leader Assistant Majority Leader Majority Whip Majority Whip Minority Party Minority Party Minority Leader Minority Leader Assistant Minority Leader Assistant Minority Leader Minority Whip Minority Whip

Leadership OrganizatioLeadership Organizationn Senate LeadershipSenate Leadership

President of the Senate is the Vice President of the Senate is the Vice President of U.S.President of U.S. President Pro Tempore--Senator of President Pro Tempore--Senator of the Majority Party with Senioritythe Majority Party with Seniority Majority Leadership Majority Leadership Senate Majority Leader Senate Majority Leader Assistant Senate Majority Leader Assistant Senate Majority Leader Senate Majority Whip Senate Majority Whip Minority Leadership Minority Leadership Senate Minority Leader Senate Minority Leader Assistant Senate Minority Leader Assistant Senate Minority Leader Senate Minority Whip Senate Minority Whip

Legislatures are at the heart of a Legislatures are at the heart of a representative form of government representative form of government

Basic responsibilities of legislatures and legislators are: Basic responsibilities of legislatures and legislators are: Represent the people; pass laws; oversee public agencies Represent the people; pass laws; oversee public agencies

and other branches of government. and other branches of government. In most states, legislators officially serve in less than a full-In most states, legislators officially serve in less than a full-

time capacity with a relatively low level of pay. time capacity with a relatively low level of pay. Large numbers of legislative staff members are needed to Large numbers of legislative staff members are needed to

support the work of the elected members of the state support the work of the elected members of the state legislature. legislature.

Retirement of a large group of experienced legislative staff Retirement of a large group of experienced legislative staff presents a potential problem for legislatures that rely on presents a potential problem for legislatures that rely on staff to make the infrastructure of the state legislature staff to make the infrastructure of the state legislature work. work.

Scandal and ethics violations in state legislatures have Scandal and ethics violations in state legislatures have eroded public confidence in the legislature as an institution eroded public confidence in the legislature as an institution because it adversely impacts all levels of government. because it adversely impacts all levels of government.

How State Government is OrganizedHow State Government is Organized

Most states follows the classic pattern of Most states follows the classic pattern of American government, with three distinct American government, with three distinct branches: The Legislative Branch (the branches: The Legislative Branch (the lawmakers), the Executive Branch (the Governor lawmakers), the Executive Branch (the Governor and State departments) and the Judicial Branch and State departments) and the Judicial Branch (the courts and the judges). Each branch is (the courts and the judges). Each branch is sovereign in its own area of responsibility, but it sovereign in its own area of responsibility, but it is also influenced by the checks and balances is also influenced by the checks and balances

from the other branches.from the other branches.  

Legislative BranchLegislative Branch

The legislature, which meets in regular session The legislature, which meets in regular session every year, is composed of two bodies: the House every year, is composed of two bodies: the House of Representatives with 150 members and the of Representatives with 150 members and the Senate with 30 members. Representatives and Senate with 30 members. Representatives and senators are elected to two-year terms. The senators are elected to two-year terms. The legislature enacts the laws that govern the state. legislature enacts the laws that govern the state. Laws so enacted must be approved by the Laws so enacted must be approved by the governor. The legislature may override a governor. The legislature may override a governor’s veto by a two-thirds vote of both governor’s veto by a two-thirds vote of both

houses.houses.  

Executive BranchExecutive Branch

The elected officials of the Executive Branch are The elected officials of the Executive Branch are the Governor, Lieutenant Governor, Secretary of the Governor, Lieutenant Governor, Secretary of State, State Treasurer, Auditor of Accounts and State, State Treasurer, Auditor of Accounts and Attorney General. Each official is elected to office Attorney General. Each official is elected to office for a term of two years. The governor functions as for a term of two years. The governor functions as the chief executive officer overseeing all the chief executive officer overseeing all administrative departments of the executive administrative departments of the executive branch.branch.

Executive BranchExecutive Branch

The lines of authority within an executive branch The lines of authority within an executive branch agency or department start with an agency agency or department start with an agency secretary or department commissioner, who is secretary or department commissioner, who is appointed by and responsible to the Governor, appointed by and responsible to the Governor, and who is responsible for the overall operation of and who is responsible for the overall operation of an agency or department. The secretary or an agency or department. The secretary or commissioner may be assisted by a deputy. A commissioner may be assisted by a deputy. A department is generally comprised of divisions department is generally comprised of divisions each headed by a director. The divisions, in turn, each headed by a director. The divisions, in turn, are typically divided into sections headed by are typically divided into sections headed by chiefs and may be further divided into units chiefs and may be further divided into units headed by supervisors.headed by supervisors.

Judicial BranchJudicial Branch

The judicial power of the state is The judicial power of the state is vested in the Supreme Court, vested in the Supreme Court, Superior Court, and such other courts Superior Court, and such other courts as may be provided by law. The as may be provided by law. The Supreme Court consists of one chief Supreme Court consists of one chief justice and four associate justices, justice and four associate justices, who are appointed by the governor who are appointed by the governor and confirmed by the legislature for and confirmed by the legislature for six-year terms.six-year terms.

State Legislative PowersState Legislative Powers

Who writes the state laws?Who writes the state laws? The principal lawmaking powers of The principal lawmaking powers of

the state are vested in the the state are vested in the legislature. Every year the legislature legislature. Every year the legislature adopts thousands of new laws or adopts thousands of new laws or changes in the law, in response to changes in the law, in response to new situations and needs.new situations and needs.

State Legislative PowersState Legislative Powers

What restrictions are placed on state laws by the federal What restrictions are placed on state laws by the federal

government?government? The subject matter of state laws is limited only by certain federal The subject matter of state laws is limited only by certain federal

restrictions. When state and federal laws conflict or cover the same restrictions. When state and federal laws conflict or cover the same subject, federal laws often prevail, although state imposes stricter subject, federal laws often prevail, although state imposes stricter standards on environmental issues and firearms possession, for standards on environmental issues and firearms possession, for example. The U.S. Supreme Court has extended federal jurisdiction into example. The U.S. Supreme Court has extended federal jurisdiction into areas such as civil and criminal rights, primarily on the basis of the Bill areas such as civil and criminal rights, primarily on the basis of the Bill of Rights and the Fourteenth Amendment, which declares: of Rights and the Fourteenth Amendment, which declares:

No state shall make or enforce any law which shall abridge the No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal process of law; nor deny to any person within its jurisdiction the equal protection of the lawsprotection of the laws

State Legislative PowersState Legislative Powers

What power does the state legislative have over What power does the state legislative have over

local governments?local governments? The legislature has broad power over local The legislature has broad power over local

governments. Counties, cities, regional agencies, governments. Counties, cities, regional agencies, and special districts may be created only in and special districts may be created only in accordance with state law. When local ordinances accordance with state law. When local ordinances and state laws conflict or cover the same subject, and state laws conflict or cover the same subject, state laws generally prevail. state laws generally prevail.

The legislature controls public finances by levying The legislature controls public finances by levying taxes and appropriating fundstaxes and appropriating funds

State Legislative PowersState Legislative Powers

What is the relationship between the legislature and What is the relationship between the legislature and

the state executive branch?the state executive branch? As part of the system of checks and balances, the As part of the system of checks and balances, the

legislature has statutory influence over the legislature has statutory influence over the funding, organization, and procedures used by funding, organization, and procedures used by administrative agencies of the executive branch. administrative agencies of the executive branch. It also has the authority to appoint citizens to It also has the authority to appoint citizens to policy-making committees in the executive policy-making committees in the executive branch and to designate members of the branch and to designate members of the legislature to serve on agency boards. Many legislature to serve on agency boards. Many appointments made by the governor are subject appointments made by the governor are subject to legislative approvalto legislative approval

State Legislative PowersState Legislative Powers

What process does the legislature use What process does the legislature use

when enacting bills?when enacting bills? DraftingDrafting IntroductionIntroduction Policy CommitteePolicy Committee Fiscal CommitteeFiscal Committee Second ReadingSecond Reading Floor VoteFloor Vote Second HouseSecond House Concurrence or ConferenceConcurrence or Conference Governor’s ActionGovernor’s Action OverridesOverrides Effective DateEffective Date

QuestionQuestion

How does policy develop when the How does policy develop when the legislative branch is in stalemate and legislative branch is in stalemate and is unable or unwilling?is unable or unwilling?

QuestionQuestion

How are the people’s interests How are the people’s interests protected when a popular state protected when a popular state governor is more powerful than the governor is more powerful than the legislature that has been elected legislature that has been elected

South Carolina Republicans consider South Carolina Republicans consider impeaching Mark Sanfordimpeaching Mark Sanford

Fifty-six Republican members of the South Fifty-six Republican members of the South Carolina state House met Saturday in Myrtle Carolina state House met Saturday in Myrtle Beach, and not a single one voiced support for Beach, and not a single one voiced support for embattled Republican Gov. Mark Sanford, embattled Republican Gov. Mark Sanford, numerous sources inside the meeting said.numerous sources inside the meeting said.

But despite a growing number of calls for his But despite a growing number of calls for his impeachment, few legislators expect that Sanford impeachment, few legislators expect that Sanford will be pressured from office. will be pressured from office.

Illinois Governor Charged in Scheme to Illinois Governor Charged in Scheme to Sell Obama’s Seat Sell Obama’s Seat

CHICAGO — The governor of Illinois brazenly put CHICAGO — The governor of Illinois brazenly put up for sale his appointment of Barack Obama’s up for sale his appointment of Barack Obama’s successor in the United State Senate, federal successor in the United State Senate, federal prosecutors said.prosecutors said.

In recorded conversations with advisers, the In recorded conversations with advisers, the governor, Rod R. Blagojevich, seemed alternately governor, Rod R. Blagojevich, seemed alternately boastful, flip and spiteful about the Senate boastful, flip and spiteful about the Senate choice, which he crassly likened at one point to choice, which he crassly likened at one point to that of a sports agent shopping around a free that of a sports agent shopping around a free agent for the steepest price, a federal affidavit agent for the steepest price, a federal affidavit showed.showed.

LobbyistsLobbyists

““Lobbying” is the process of petitioning Lobbying” is the process of petitioning government to influence public policy.government to influence public policy.

The right to petition government is one of the The right to petition government is one of the most treasured rights in democratic forms of most treasured rights in democratic forms of government. Specifically recognized in the Magna government. Specifically recognized in the Magna Carta of 1215, the right to petition American Carta of 1215, the right to petition American government was repeatedly affirmed in colonial government was repeatedly affirmed in colonial American treatises, the Declaration of American treatises, the Declaration of Independence and post-revolutionary federal and Independence and post-revolutionary federal and state constitutions, including the Bill of Rights.state constitutions, including the Bill of Rights.

QuestionQuestion

Can tougher ethics and legal Can tougher ethics and legal standards for gifts and campaign standards for gifts and campaign contributions make a difference in contributions make a difference in ensuring there is no undue influence ensuring there is no undue influence by lobbyists and their wealthy by lobbyists and their wealthy clients?clients?

Lobbying Disclosure ActLobbying Disclosure Act

““The purpose of our lobbying laws is to The purpose of our lobbying laws is to tell the public who is being paid how tell the public who is being paid how much to lobby whom on what. That much to lobby whom on what. That purpose is not being served under purpose is not being served under the status quo as we now see it.”the status quo as we now see it.”

-- Sen. Carl Levin, criticizing the prior-- Sen. Carl Levin, criticizing the prior

Federal Regulation of Lobbying Act Federal Regulation of Lobbying Act (1992)(1992)

Lobbying Disclosure ActLobbying Disclosure Act

Public Disclosure Lobbyists register Public Disclosure Lobbyists register with the Senate Office of Public with the Senate Office of Public Records in accordance with the Records in accordance with the Lobbying Disclosure Act (LDA). Lobbying Disclosure Act (LDA). Lobbying and other records are Lobbying and other records are available for public inspection.available for public inspection.

FBI arrests former lobbyist in FBI arrests former lobbyist in growing Abramoff casegrowing Abramoff case

The FBI today arrested Kevin Ring, a The FBI today arrested Kevin Ring, a former lobbyist, for his alleged role in the former lobbyist, for his alleged role in the Jack Abramoff lobbying scandal. Justice Jack Abramoff lobbying scandal. Justice Department officials said that the FBI Department officials said that the FBI arrested Ring this morning at his Maryland arrested Ring this morning at his Maryland home. He is charged in a 10-count public-home. He is charged in a 10-count public-corruption indictment, the officials said. corruption indictment, the officials said. Ring is a former congressional staffer for Ring is a former congressional staffer for Rep. John Doolittle (R-Ca.) Rep. John Doolittle (R-Ca.)

FBI arrests former lobbyist in FBI arrests former lobbyist in growing Abramoff casegrowing Abramoff case

The indictment charges Ring with The indictment charges Ring with conspiring with Abramoff and others conspiring with Abramoff and others to corrupt congressional and to corrupt congressional and executive-branch officials by executive-branch officials by providing things of value to several providing things of value to several public officials "to induce or reward public officials "to induce or reward those who took official actions those who took official actions benefiting Ring and his clients."benefiting Ring and his clients."

QuestionsQuestions

SourcesSources http://faculty.ucc.edu/egh-damerow/congress.htmhttp://faculty.ucc.edu/egh-damerow/congress.htm http://humanresources.vermont.gov/services/http://humanresources.vermont.gov/services/

new_employee_orientation/government_organizednew_employee_orientation/government_organized http://www.guidetogov.org/ca/state/overview/legislative.html#2http://www.guidetogov.org/ca/state/overview/legislative.html#2 http://www.politico.com/news/stories/0809/26581.htmlhttp://www.politico.com/news/stories/0809/26581.html http://www.nytimes.com/2008/12/09/us/politics/10Illinois.htmlhttp://www.nytimes.com/2008/12/09/us/politics/10Illinois.html http://www.cleanupwashington.org/documents/LDAorigins.pdfhttp://www.cleanupwashington.org/documents/LDAorigins.pdf