Background on State Government
State governments generally derive their powers from a written constitution. Most of these constitutions are detailed. However, some deal only in .broad principles, leaving the details on the operation of government to legislative action and determination.
State constitutions set up three branches of State government — the executive, the legislative and the judicial.
The Executive: In the majority of states, the constitution provides for popular election of the governor and numerous other officers in the executive branch, such as the lieutenant governor, attorney general, secretary of state, auditor, state treasurer and others. States vary as to which officers are elected, which appointed.
Usually, a large number of department heads are appointed by the governor and are responsible to him. They may include the chief officer for state programs in: agriculture, public safety (law enforcement, safety regulation, motor vehicles, etc.), natural resources, public works, health and welfare, education, labor and industrial relations, public utilities, commercial and industrial development, budgetary and fiscal affairs, mental hygiene, correction and penal institutions, and other miscellaneous boards and commissions.
Legislative: All members of the state legislature are elected. In all states except Nebraska, there is a bicameral legislature (an upper and a lower house). The lower house is usually the largest. The upper house of the legislature is generally smaller, and is called the state senate.
At least 28 state legislatures meet every year, while the remaining legislatures meet every two years. The constitution may limit the number of days the legislature can be in session.
Like the Congress of the United States, the state legislatures organize themselves into committees for preliminary study of legislation in the different areas of public policy. How members are assigned to committees and the rules governing the selection of committee chairmen are key factors in determining how each legislature functions.
Members of the political parties in each house of the legislature generally select a floor leader and other leaders to oversee party responsibilities and main-tain party discipline.
Many state legislatures now have a “legislative council.” This is com-posed of members of the legislature and paid staff whose function is to do comprehensive research on proposed legislation and to draw up bills for the legislators.
The boundaries of the districts from which members of state legislatures are elected are determined, from time to time, on the basis of census figures. Since the legislatures themselves are in large measure responsible for reapportionment, this authority gives the party in power at the time a decided advantage.
Judicial: Courts are divided generally into two groups:
1. Courts of original jurisdiction — such as circuit courts, district courts, county courts, probate courts, justices of the peace, etc.;
2. Reviewing courts such as appellate courts and the state supreme court.
In most states, members of the supreme court, appellate courts, district courts and various minor courts are elected directly by the people, but in some states the judges are appointed by the governor with the advice and consent of the upper house of the legislature.
Background on County Government, called Parishes in Louisiana
The functions of the 3,049 county governments vary from state to state. The size of counties differs widely. In 1969, the smallest county was. Hinsdale in Colorado with 200 residents; the largest was Los Angeles County, California, with 6.8 million people. San Bernardino, California, includes over 20,000 square miles; Arlington, Virginia, about 25 square miles.
Counties exist to a large degree as administrative districts of the state. Their legislative power is limited and defined generally by the state constitution or state law. The executive-legislative functions are generally combined in one body, the county board.
Typical officers and functions that may be found in county governments include:
A. The County Board: Members are called county commissioners or supervisors in most areas. The county board is the major governing body and sets up the budget, determines the tax rate. Its administrative power usually includes the construction and maintenance of county highways, the maintenance of county buildings, the supervision of elections, the administration of relief, etc.
Most frequently, members of the county governing body are elected from districts, rather than at large in the county.
B. The Sheriff: State police have been gradually taking over many of the functions formerly performed by the sheriff. This elected official, however, still has law enforcement duties, and is connected with some legal processes, such as serving summons, etc. He is often paid on a fee basis.
C. County Attorney: Known as the prosecutor or District Attorney in many areas, the county attorney serves as an enforcer of state law and prosecutes cases on the basis of evidence obtained from the city, county, or state police. He is responsible to the people of the county and not necessarily to the state administration.
D. The County Clerk: He serves as the custodian of the county records, such as election records and marriage certificates, and also issues various types of permits and licenses.
E. County Treasurer: The collection, safe-keeping and distribution of county funds according to state and county law is the responsibility of the treasurer. In some areas, banks have taken over this function.
F. County Assessor or Auditor: The county auditor is charged with auditing the financial records of the county government and may assess property for tax purposes, if provided for by state and county regulations.
G. Coroner: The coroner investigates the causes of accidental or suspicious deaths.
H. Courts: The system of courts varies from county to county. There may be courts of original jurisdiction as well as reviewing courts. Frequently, the court system is also set up to accommodate different types of cases depending on the age of those involved, whether the case is a civil or criminal action, and the magnitude of the action.
Background on Municipal Government
Municipal governments, like county governments, are the legal creations of the states. They operate either under constitutional provisions or under general or special legislation. As a result, the powers they have vary greatly from state to state. In one state, an area with a population of 1,000 may be recognized as a city; in another state, 10,000 persons might be necessary for city status. Some states make special provision for the government of each city; others handle all cities the same.
In general, there are three types of municipal government: The mayor-council; the council-manager; and the commission. Some states do not permit local discretion as to form of government.
The Mayor-Council Type: The oldest and still most widely used form of city government in this country is the mayor-council, in which both the mayor and a council are elected by the people. The relationship between the mayor and the council varies in accord with the constitutional or statutory authority under which the municipality operates. In some cities the mayor has far more influence and authority over city management than in others. Political scientists sometimes divide this form of government into two classifications — the “strong-mayor and weak-council type” and the “weak-mayor and strong-council” type.
The Commission Plan: The commission plan of municipal government was introduced in Galveston, Texas in 1901, and for a time was widely adopted.
The commission plan, to some extent, originated as a protest against large city councils. Under the commission plan, several commissioners are elected. Fre-quently, their terms of office are staggered so that some continuity is maintained in the city’s government. Each of the commissioners may be assigned responsibility for specific administrative posts. For example, one might be in charge of the Department of Public Parks and Property and another in charge of the Department of Education. Commissioners are either elected to fill certain posts, or the commission determines the assignment of functions.
The City Manager Plan: In this plan, the voters elect the members of a small council, who, in turn, elect a professional chief executive to manage the government. There may also be a mayor who is the ceremonial head of the government.
The New England Town: In many New England towns, all the citizens may par-ticipate in the “town meeting” where the basic decisions of government are made. Inasmuch as town meetings are usually held only once or twice a year, it is common practice to elect a board of selectmen to carry out the expressed wishes of the townspeople and to handle matters that arise between meetings.
It is at this point where you will begin field work to answer course questions about government and other areas of the course. It will require a great deal of dedication. And you may say, “The heck with it” and quit. However, we assure you that if you take the time and make the effort you will know more about politics than your neighbor, in most cases. You can leave the course and come back to it when you like.
Good luck!