STATE GOVERNMENT MISSOURI AND SAINT LOUIS GOVERNMENT FEDERALISM

STATE GOVERNMENT MISSOURI AND SAINT LOUIS GOVERNMENT

FEDERALISM What is federalism (the federal system)? - Why federalism? What system failed and which system has America never tried? Since power is divided between the federal (central) government and state governments, how are they shared? - What are the four types of powers which exist defined and interpreted from the U. S. Constitution? - Where do state powers originate? When conflicts of power do exist between states and the federal government, how did the framers ensure that these conflicts could be solved peacefully and legally? - Hint: Article 6 of the Constitution When the framers wrote the U. S. Constitution, what clause was added to help to define the relationships between states as cooperative and based on trust?

ARTICLE 6, CLAUSE 2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges of every States shall be bound thereby, and Thing in the Constitution and Laws of an State to the Contrary notwithstanding. 1) What does this mean? 2) What is the name of this clause?

Essentially, the U. S. Constitution takes precedence other all other laws, and no state or local law can conflict with the Constitution, with the laws made by Congress, or with treaties entered into by the U. S. government.

STATE CONSTITUTIONS The Guarantee Clause: “guarantees to every State in the Union a Republican Form of Government. ”- Article 4, Sec. 4 - While the Constitution ensures a democratic and limited government to each state, it does not define the organization, the institutions, or the laws of that state. - Each state has a constitution, but each is different. Qualities: - Each constitution has a bill of rights. - Each has a method of due process. - Each defines a structure/system of government (three branches) - Each has an amendment system. Problems: - State constitutions are often very long because they add statutory laws through an easy amendment process. The excessive details makes it difficult to adapt and change and be made relevant.

MISSOURI’S CONSTITUTIONS Discovery: - Modern Missouri was discovered by Louis Joliet and Father Jacques Marquette. - The territory would be claimed by Robert de La Salle for France in 1673. Louisiana Purchase (1803): Thomas Jefferson Purchased the land from Napoleon. Missouri Compromise (1820)- Missouri wanted to enter the US as a slave state. Would create an unbalanced amount of free states and slave states (unbalanced political power). Maine broke off of Massachusetts and entered as a free state to keep the balance.

MISSOURI CONSTITUTIONS Constitution 4 Constitutions- 1820, 1865 (anti-Confederate), 1875, and 1945 Amending the Constitution Proposal- simple majority of both Houses (The General Assembly). Ratified by majority of voters in popular election. Popular Initiative- petition by voters. Ratified by majority of voters in popular election. Constitutional Convention- Every 20 years, the next is 2022. Voters send delegates to convention.

STATE LEGISLATURES: CREATE LAWS Two types (22 states defy either classification): - Citizen legislatures: part-time legislatures (17) (MO) - - "It is not possible that an assembly of men called for the most part from pursuits of a private nature, continued in appointment for a short time, and led by no permanent motive to devote intervals of public occupation to a study of the laws, the affairs, and the comprehensive interests of their country, should, if left wholly to themselves, escape a variety of important errors in the exercise of their legislative trust. ” (James Madison, Federalist 62) Professional legislatures: full-time legislatures (11) All states have a bicameral legislature except Nebraska (WHY? ). State legislatures draw FEDERAL congressional districts from census data. - In the past, state senate seats were based off of land mass. (benefits whom? ) Baker v. Carr- federal courts can force states to redraw state district lines Reynolds v. Sims- “one man, one vote. ” Districts should be equal in population. (benefits whom? )

MISSOURI’S GENERAL ASSEMBLY The General Assembly -Term Limits of 8 years Senate (34 members) • four year terms (2 term max) • 30 years old • qualified voter for 3 years • resident of the district for at least one year House of Reps (163 members) • two year terms (4 term max) • 24 years old • qualified voter for 2 years • resident of the district for at least one year Capital of Missouri: Jefferson City

CITIZEN LAWS AND ACTIONS Initiative: a citizen proposed law that is placed on the ballot. Referendum: a proposal to repeal a law previously enacted by congress, and place it on a ballot for citizen support or disapproval. Recall: an election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended. MO Initiative/Petition Process: https: //www. sos. mo. gov/CMSImages/Elections/Petitions//Mak e. Your. Voice. Heard_12. 2016. pdf

EXECUTIVE BRANCH (Historically) Weak Governors: Since Colonial governors were appointed by the king, there was often distrust for the position even after the revolution. In order to weaken the position, early states created positions in the administration that were not appointed, but elected: • Secretary of State, Lieutenant Governor, and state Auditor are elected positions which creates the opportunity for different parties and politics running the executive. Increased Power for Governors: - With an increase in grants, there is an increase in monies available to states. As executive, Governors spend those funds through specific programs strengthening their power. - 17 of the 45 presidents (38%) were former governors - National Governors Association is a powerful organization that’s growing influence helps to shape both local and national politics.

EXECUTIVE BRANCH: ENFORCE LAWS Legislative process: - Line-item veto: can veto specific parts of bills. - Prepare budget (with approval of the legislature) Foreign Policy: - Act as state’s ambassador (primarily attempting to promote business) Executive powers: - Head of state departments - Grant pardons

MISSOURI GOVERNOR Mike Parsons (Republican) • at least 30 years old • US citizen for 15 years • lived in MO for at least 10 years • four year terms • two term max 15 executive departments • appoints all the heads of the depts. • chooses judges for state supreme court, appellate courts, and municipal/county courts (circuit courts)

JUDICIAL BRANCH: MO Three levels- circuit courts, court of appeals, and Missouri Supreme Court original jurisdiction- circuit courts • civil and criminal cases Court of Appeals- eastern, western, and southern districts State Supreme Court- 7 judges Missouri Court Plan: - Purpose: To keep judges away from politics (partisanship) - Judges are placed on list by State Bar Association => appointed by Governor=> voted back in by public in non-partisan label on ballot or let go by “no” vote (combines both appointment and election) - Has been adopted by many other states.

MUNICIPAL GOVERNMENT What Constitutional powers do municipal governments have? Municipality: a political unit (such as city, town, village) incorporated for local selfgovernment. "Municipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control". – City of Clinton v. Cedar Rapids and Missouri River Railroad States define local authority through city charters (a document [contract] which grants specific powers to local governments by the state legislature) - Cooley’s Rule: The view that cities should be able to govern themselves => home rule - Home Rule: allows cities to determine their own type of government and manage their own affairs. (create municipal laws specific to their municipality) - Dillon’s Rule: cities only have the powers which are strictly and expressly granted to them.

COUNTIES Largest territorial and political subdivision of a state. - Helps to govern large areas where there are no large cities or charters.

ST. LOUIS COUNTY Saint Louis County Executive: Steve Stenger

ST. LOUIS CITY Strong Mayor System- • Full time mayor, head of city departments, quick and efficient (but more corruption) Weak Mayor System • Mayor’s authority is limited, city council is in charge of departments, slower action due to consensus. St. Louis City legislature: - Board of Alderman - 28 wards and 28 members. Current Mayor: • Mayor Lyda Krewson

ST. LOUIS CITY - Saint Louis was founded as a fur trading post by Pierre Laclede and his stepson, Rene Auguste Chouteau. - St. Louis was named after King Louis IX of France.

METROPOLITAN AREA - Urban Sprawl: The unplanned, uncontrolled spreading of urban development into areas adjoining the edge of a city • city and suburbs expand into rural area • problems: transportation (auto-dependent), pollution, law enforcement, infrastructure, loss of rural lands - Megalopolis: an area with a large population which incorporates and embraces many metropolitan centers.

SAINT LOUIS METROPOLITAN AREA

MEGALOPOLIS