State Government The State Constitutions Each state has

State Government: The State Constitutions • Each state has a state constitution that spells out division of power between legislative, executive, and judicial branches. Michigan’s was written/revised in 1964, copied most of 1908 constitution • These C’s are limited by Article VI, Section II of the Fed. Constitution. (ladder of laws) • Sets up local districts/ boroughs/ parishes / counties • Limits revenue raising and spending (State lottery -> education; Michigan and Proposal A limits the amount of property taxes • Establish independent state agencies, boards, and commissions (public utility commissions regulate gas/electric rates, State Board of Education sets curriculum for schools)

More on State Constitutions • Most contain a Bill of Rights; Michigan has broad Bill of Rights (strongly protects gun rights and bans death penalty) • Most State Constitutions are very lengthy (Alabama= 220, 000 words and 706 amendments) • Many “updated” in 1960 s, amendment conventions in 1980 s were less fruitful • Massachusetts still uses 1780 Constitution!! • All are amendable, including MI, and most allow for plenty of citizen participation.

Direct Legislation • Initiative—people propose constitutional amendments or laws, direct or indirect (direct goes to ballot, indirect to state legislature) • Referendum—legislature submits issues to voters • Optional Referendum: legislature can choose referendum to avoid looking bad or screwing up • Popular Referendum: People bring a proposal that a measure already passed by the state legislature go to them for final review, almost always fails • Bills submitted by interest groups (environmentalists, big business), agencies of state government, Governor thru a rep. • Mandatory Referendum: constitutional amendments must be submitted to voters

More on Amending State Constitutions…. • Besides initiatives, there also: • Constitutional conventions of ordinary citizens (like the Fed. Constitution provides for) • Constitutional Commissions—group of “experts” appointed by legislature suggest changes (usually not enacted!) • Plain-old Judicial Review

Michigan Constitutional Provisions: Institutions • Size of legislature/terms determined by state constitutions. Compensation $75, 000+/year in MI • Qualifications: Must be Michigan citizen, live in your district, no felony record in past 20 years. • Minimum age=21 for Legislature, 30 for Gov. • Terms/limits/sizes: • MI House= 110 members, serve 2 yrs (max 6) • MI Senate= 38 members, serve 4 yrs (max 8) • Governor=4 yr term, max 12

The Governor • Chief Executive Officer • Salary: $130, 000/year • Can remove/appoint assistants, but not the Attorney General or the Secretary of State • Licensed people must be selected for state boards, and some must be politically balanced • Prepares budget • Commander of State National Guard in times of emergency, etc. • 12 -year term limit • Recent Michigan Governors • 1983 -1991: Jim Blanchard (D) • 1991 -2003: John Engler (R) • 2003 -? ? : Jennifer Granholm (D)

Governor’s Legislative Powers • Message-sender (“State of the State” address”) • Calls special sessions • Veto • Pardons criminals (state law)—controlled in some states (Not MI) • Commutations—reduce sentence • Reprieve-halt executions, etc.

Other Executive Officers • Lieutenant Governor-Presides over MI Senate, assists Governor, takes over if Governor dies or is incapacitated. Elected on ticket w/Gov. • Secretary of State—in charge of driver licensing, clerk, election laws • Attorney General—gives advisory opinions, represents state in litigation, recent Mike Cox controversy re: Jennifer Granholm and U-M SC case • Att’y General/Secretary of State have 4 year terms and can only be re-elected once • State Treasurer (appointed by Governor, confirmed by Senate) • Directors of MDOT, MDNR, MDEQ, etc. (appointed by Governor, confirmed by Senate)

State Courts (Ch. 25, sect. 4) • Presiding officers: Judges, magistrates, justices of the peace (marriages/divorces. Warrants, traffic violations only) • Michigan Supreme Court—Court of last resort for civil and criminal cases. • 7 judges (1 Chief Justice, 6 A. J. ), staggered 8 year terms. ELECTED, like most other judges (Michigan does not follow “Missouri Plan” combo • State Court of Appeals—exercise appellate jurisdiction • Circuit Courts—main trial courts • Probate Courts—deal with kids, wills, divorce • Juvenile Courts—deal with and refer delinquent juveniles • Municipal Courts—city courts, small claims courts, like Detroit Recorder’s Court

Local Government Revenue • Property taxes are the main source of local revenue. These taxes are paid by people who own homes, apartments, buildings, or land. • Michigan: Proposal A (1994) eliminated the funding of schools with property taxes • Local governments sometimes collect excise, sales, and income taxes. • Some taxes, such as room and occupancy taxes, are aimed at nonresidents in order for local governments to earn additional revenue.

Where do state taxes go? • Education--State education budgets help finance public state universities and provide some aid to local governments for elementary, middle, and high schools. 51% of Michigan budget • Public Safety--State governments operate state police systems, as well as correctional facilities. • Environmental Protection/Game Management—MDEQ and MDNR used to be combined, now separate. • . maintaining highways is another state expense. States also pay some costs of waterways and airports. • Public Welfare--State funds support some public hospitals and clinics. States also help pay for and administer federal benefits programs (TANF) • Arts and Recreation--State parks and some museums and historical sites are funded by state revenues. • Administration--Like the federal government, state governments spend money just to keep running. • Revenue Sharing to local governments

The Jobs of LOCAL GOVERNMENT • • • Public school systems Law enforcement Zoning Fire protection Public transportation/roadway maintenance Public facilities, such as libraries and hospitals Parks and recreational facilities Record keeping (birth/death certificates, wills, etc. ) Water/sewage