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TEXT 3: THE STATE EXECUTIVE BRANCH

 

The second branch of state government is the executive branch. The main responsibility of this branch is to carry out state laws.

THE GOVERNOR

The governor is the head of a state's executive branch. As chief executive, he or she has the most authority of any government leader in the state. In fact, the duties that go along with this office make the governor the state's most visible political leader.

QUALIFICATIONS. All state consti­tutions set qualifications for governor. A governor must be at least a certain age. In most states, this age is between 25 and 30 years old. A governor must be an American citizen. He or she must have lived in the state for a certain length of time.

ELECTION AND TERMS. All gov­ernors are elected by the people of the state. In almost all the states, the candidate with a plurality of votes, or the most votes, wins election. In four states, however, the candidate must receive a majority vote. If no candidate wins a majority in Georgia or Louisiana, a runoff election is held between the top two candidates. If no candidate wins a majority in Mississippi or Vermont, each state's legislature chooses the winner.

The length and number of terms in office a governor may serve also vary among the states. All but four states set a governor's term at four years. Governors in Arkansas, New Hampshire, Rhode Island, and Vermont serve two-year terms. Almost one half of the states limit the number of terms a governor may serve. In most, governors may serve any number of terms, but no more than two terms in a row. In four states, Kentucky, Mississippi, New Mexico, and Virginia, governors may serve only one term in office.

ROLES. What exactly does it mean to be a state's chief executive? A state governor has many roles.

Perhaps the most important role of a governor is that of chief administrator. As such, the governor is the head of state, responsible for carrying out the work of state government. If a state program is successful, the governor is likely to receive some of the credit. If there is a problem, the governor is likely to receive some of the blame.

A second role of a governor is that of state symbol. Just as a mayor represents a city, a governor represents a state. The governor, for example, often is called upon to appear at public functions and ceremonies. The gover­nor might be present at the ribbon-cutting ceremony for a new highway. He or she might meet with important visitors to the state. The governor also might travel to other states and even to other countries to attract new business to the state.

A governor fills a third role as a policy leader. As such, the governor identifies problems and sets forth policy goals for the state. People often look for this kind of leadership from governors - especially after hearing them campaign for office. Most governors run for office with plans for state improvements. A candidate may call for better schools, lower taxes, and an improved highway system, for example. Once in office, it is the governor's job to help turn these goals into public policy.



The governor fills one other important role - that of political party leader. In this role, the governor helps lead party activities and support party goals. The governor also works to help other party members running for govern­ment office.

POWERS

To carry out their responsibilities, state governors are given several powers. The most important of these, of course, are executive powers.

EXECUTIVE POWERS. Most state constitutions give the governor "the supreme executive power." This means that the gover­nor is given the power to act as the state's chief executive.

One important executive power has to do with the state budget. As on other levels of government, budget decisions can affect every part of state government. For this reason, one of the most important duties of state governors is to prepare the budget and present it to the state legislature for approval.

Also important is the governor's power to hire and fire certain state officials. By choosing those leaders who will carry out the business of state government, the governor can better direct the work of the state.

Another executive power given to gover­nors is a military power. All state constitutions say that the governor is commander in chief of the state militia. The state militia is commonly known as the National Guard. One important duty of the National Guard is to help people in times of natural disaster, such as floods or tornadoes. The governor also can call on the National Guard to help control disturbances.

LEGISLATIVE POWERS. Al­though they are the head of their state's executive branch, governors also play an important part in state lawmaking.

One way governors influence lawmaking is by making their ideas for laws known. Each year, governors make a State of the State Address to the legislature. In this message, governors often support certain policies or suggest new legislation. Throughout the year, governors continue to work with state legisla­tors on important state matters. Keep in mind, too, that should an emergency come up when the legislature is not in session, the governor has the power to call a special session to deal with the problem.

Most governors have one other, very important legislative power. In every state but North Carolina, the governor may veto, or reject, a bill passed by the legislature.

JUDICIAL POWERS. Governors also have several judicial powers. In many states, governors appoint certain state judges.

Another judicial power of most governors is the power to grant pardons. A pardon is an act that frees a person from responsibility and punishment for a crime. Most state governors also have the power to grant reprieves. A reprieve is an act that postpones a criminal's sentence for a certain amount of time. This might be done, for example, if new evidence is being studied in a case to determine whether there should be a new trial.

Some governors also have the power to commute the sentences of people found guilty of crimes. This means that the governor can change a prisoner's sentence to one that is less severe. Many governors also can grant parole. This means that the governor can order that a person be released from prison before the end of his or her sentence.

Keep in mind, however, that no governor makes such decisions alone. Instead, these powers usually are shared with various state agencies and boards.

THE CABINET

To carry out the many duties of the office, governors direct the work of several executive leaders. In most states, the top leaders form a cabinet, or group of advisors. The cabinet works closely with the governor to see that state business runs smoothly.

In most states, one of a governor's most important cabinet members is the lieutenant governor. The office of lieutenant governor is found in 43 states. This leader acts as chief executive if the governor is absent from the state, becomes disabled, or dies. In more than one half of the states, the lieutenant governor also acts as president of the state senate.

The lieutenant governor is elected by the people. In 22 states, the governor and the lieutenant governor are elected as a team. That is, they both are nominated by their political party to run on the same ticket. In the other states, however, the governor and lieutenant governor are elected separately. This means that the person elected governor could be in a different party from the person elected lieu­tenant governor. Should the lieutenant gover­nor succeed the governor, a change in state policy could result.

Many other leaders also are important to the state cabinet. As you can see in Figure 2 below, these may include the secretary of state, attorney general, state treasurer, and state auditor. Most of these leaders are elected by the voters. In some states, however, they are chosen by the governor.

In most states, the governor's cabinet also is made up of the heads of the executive departments of the state government. These may include the department of safety and the department of agriculture. Many department heads are appointed by the gover­nor. In some states, however, department heads are chosen by the state legislature.

Figure 2

TYPICAL STATE LEADERS
  Governor Serves as the state's chief executive  
  Lieutenant Governor Acts as chief executive if the governor Is absent from the state, becomes disabled, or dies  
  Secretary of State Serves as the chief election official of the state; responsible for keeping state records and making sure that they are kept up-to-date; keeps the state seal  
  Attorney General Serves as the state's chief lawyer; gives legal advice to the governor, the legislature, and various state agencies  
  Treasurer Heads the state's treasury; responsible for making sure that the state's bills are paid; may also serve as chief tax collector for the state  
  Auditor Watches to make sure that the state's financial records are correct and up-to-date; responsible for making sure that no state money is spent without authorization from the state legislature  

 

 

THE STATE BUREAUCRACY

A large part of the state bureaucracy is made up of members of state departments. In some states, these departments also are known as agencies, boards, or commissions.

Each state department has a certain area of responsibility. For example, most states have a board of health. The board of health keeps birth and death records for the state. It also plans programs to prevent disease and offers medical checkups to schoolchildren.

Most states also have a department that deals with the welfare of the people. In many states, it is called the board of state welfare. Among the duties of this agency are helping the unemployed, the poor, and people with handicapping conditions.

The department of natural resources works to protect and maintain state parks and forests, and the area's fish and wildlife. The department also is concerned with the effects of industry on the area's environment.

These are only three of the many state departments that are part of the state bureau­cracy. It is the many workers in these departments–workers such as secretaries, engi­neers, computer programmers, and medical researchers–who carry out the day-to-day business of state government.

THE STATE JUDICIAL BRANCH

The judicial branch of most state govern­ments includes four levels of courts. Lower courts hear criminal cases involving mis­demeanors and civil cases. General trial courts hear major criminal and civil cases. Appellate courts hear cases on appeal. Finally, the state supreme court hears appeals and certain cases involving the state. The decision of the state supreme court usually is the final decision in a case.

 

Test Quiz

 
1) Who is the leader of the state government?
The mayor
The governor
The president of the state
The vice president
The Secretary of State
2) What are the three branches of state government?
Mayor, governor, legislator
Borough, county, municipality
County, city, and local
Executive, judicial, and legislative
District, regional, and capital
3) What does it mean to have a bicameral legislature?
It means that there are cameras in the legislature where people can watch debates on TV.
It means that the legislature has both men and women members.
It means that there are two houses, or groups, that make up the legislature. Like the Senate and the House.
It means that the members of the legislature can work from home and telecommute.
It means that the governor is leader over the members of the legislature.
4) Which branch of government has the Supreme Court and lower courts to try cases?
The Judicial
The County
The Executive
The City
The Legislative
5) Which of the following is typically not a member of the executive branch of state government?
Governor
Secretary of State
Lieutenant Governor
Chief Justice
All of the above

 

SUMMARY

1. The United States today is made up of 50 states.

2. The Tenth Amendment is the basis for the reserved powers of the states.

3. Every state constitution is based on popular sovereignty, limited government, separa­tion of powers, and checks and balances. Most state constitutions include a pream­ble, a bill of rights, and a description of the basic organization of that state's govern­ment. The operation of local governments in the state and procedures for state elections also appear in state constitutions.

4. Every state constitution can be amended. There are two steps to this process–propos­al and ratification.

5. Every state except Nebraska has a bicameral legislature. The two houses usually are known as the senate and the house of representatives. Because of Supreme Court rulings supporting the idea of one person,

one vote, representation in both houses now is based on population.

6. The most important power of state legisla­tures is the power to make laws. They also have executive and judicial powers.

7. In all 50 states, the governor is the head of the executive branch. All governors are elected by the people, and most serve a four year term. As chief executive, the governor’s main responsibility is to carry out state laws. Governors also are given certain legislative and judicial powers.

8. In addition to a governor, most state executive branches include a cabinet and a state bureaucracy. Both groups help the governor attend to state business.

9. The judicial branch of most state governments includes four levels of courts: lower courts, general trial courts, appellate courts and the state supreme court.


UNIT III


Date: 2015-01-12; view: 1101


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