Our State Government

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Our State Government

• Chapter 13

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Democratic Government

• Chapter 13 1

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LAs Government is influenced by colonial
founders

• the French
• Spanish

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The Spanish created parishes as divisions of the
Catholic Church
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LA is the only state in the nation to have
parishes instead of counties
LA Parishes
MS Counties
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Napoleonic Code

• LA laws are based on the French Napoleonic Code
  which is known as civil law.
• Civil law is based on written laws and decisions
  are based on these written laws.

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British Common Law

• Other states base their laws on British Common
  Law.
• Common Law base decisions on what was decided in
  other cases.

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Governments for All People
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Types of Governments

• Democracy a system in which every citizen
  votes, and decisions are made by majority
• Monarchy rule by a single person (king or
  queen)
• Oligarchy rule by a rich group of citizens
• Dictatorship rule by 1 person

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Articles of Confederation
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Articles of Confederation

• Our first federal government in the US was based
  on the Articles of Confederation.
• The Founding Fathers were afraid to establish a
  strong federal govt b/c of King George III.
• They created a govt that allowed individual
  states to control most of the political power.
• As a result, the Articles were too weak and
  ineffective.

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King George III
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Constitution of the US
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The US Constitution

• Due to the weakness of the Articles of
  Confederation, the nation held a convention to
  improve the Articles.
• The delegates at the Constitutional Convention
  realized the Articles were too weak to revise, so
  they decided to organize an entirely new system
  of government.
• The document they created was the Constitution,
  which was mostly written by James Madison.
  (father of the Constitution)

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James Madison
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US Government

• The US is said to have a republic or
  representative democracy form of govt.
• A republic is when citizens elect representatives
  to make laws for them.

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Parts of the US Constitution

1. Preamble
2. Articles
3. Amendments

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• Preamble introduction explains the purpose of
  the constitution
• Articles list powers of both govt and states
  7 articles
• Amendments provide ways to change the
  constitution 27 amendments

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Parts of the LA Constitution

1. Preamble
2. Articles
3. Amendments

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• Preamble introduction explains the purpose of
  the constitution
• Articles list the powers of the state, parish,
  and cities 14 articles
• Amendments provide ways to change the
  constitution 192 amendments

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Louisianas Constitution of 1921

• 10th Constitution
• 536 amendments
• ProblemToo specific

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LAs Present constitution approved by voters in
1974, as the state constitution
11th
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Goals of the U. S. Constitution

• The preamble reflects the basic principle of
  American govt.
• It lists 6 goals for the US govt

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1. form a more perfect Union
2. establish Justice
3. insure domestic tranquility
4. provide for the common defense
5. promote the general welfare
6. secure the blessings of liberty to ourselves and
   our Posterity

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Goals of LAs Constitution

• The preamble reflects the basic principle of LA
  govt.
• It lists 9 goals for the govt in LA

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1. grateful to Almighty God for the civil,
   political, economic, and religious liberties we
   enjoy
2. desiring to protect individual rights to life,
   liberty, and property
3. afford opportunity for the fullest development of
   the individual

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• 4. assure equality of rights
• 5. promote the health, safety, education, and
  welfare of the people
• 6. maintain a representative and orderly
  government

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• 7. insure domestic tranquility
• 8. provide for the common defense
• 9. secure the blessings of liberty to ourselves
  and our Posterity

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INDIVIDUAL RIGHTS

• LA CONSTITUTION

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Louisiana Declaration of Rights

• 27 Rights (Amendments)

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DUE PROCESS

• RIGHT TO LIFE, LIBERTY, AND PURSUIT OF HAPPINESS

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RIGHT TO INDIVIDUAL DIGNITY

• NO LAW WILL DISCRIMINATE AGAINST ANYONE BECAUSE
  OF RACE, RELIGION, AGE OR SEX.
• SLAVERY PROHIBITED

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RIGHT TO PROPERTY

• EVERY PERSON HAS THE RIGHT TO OWN PRIVATE PROPERTY

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RIGHT TO PRIVACY

• EVERYONE IS PROTECTED AGAINST UNREASONABLE
  SEARCHES, SEIZURES AND INVASIONS OF PRIVACY

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FREEDOM OF EXPRESSION

• FREEDOM OF SPEECH OR PRESS

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FREEDOM OF RELIGION

• FREE TO WORSHIP HOW YOU CHOOSE

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RIGHT TO VOTE

• EVERYONE 18 YEARS OLD HAS RIGHT TO VOTE
• UNLESS CONVITED OF A FELONY

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RIGHT TO BEAR ARMS

• EVERY CITIZEN HAS A RIGHT TO PROTECT THEMSELVES
  WITH WEAPONS

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FREEDOM FROM DISCRIMINATION

• ALL PEOPLE ALLOWED IN PUBLIC PLACES REGARDLESS OF
  RACE, SEX, AND RELIGION

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RIGHTS OF THE ACCUSED

• WHEN ARRESTED A PERSON SHALL BE ADVISED OF THE
  REASON FOR ARREST
• RIGHT TO REMAIN SILENT

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RIGHT TO FAIR TRIAL

• INNOCENT UNTIL PROVEN GUILTY

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RIGHT TO HUMANE TREATMENT

• NOT ALLOWED TO TORTURE OR USE CRUEL, EXCESSIVE OR
  UNUSUAL PUNISHMENT

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Structure of State Government

• Chapter 13 2

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The Executive Branch for the U.S.
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• The primary goal of the executive branch is to
  enforce the laws.
• The President and Vice President
• Serves a maximum of 2 terms (a term is 4 years,
  so 2 terms is 8 years)
• Must be at least 35 years old, a nature born
  citizen of the US, and lived in the US for the
  last 14 years.

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The President

• The president is the head of the executive
  branch.
• The current president of the U.S. is President
  George W. Bush

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• The second person in command of the U.S. is the
  vice president.
• The current vice president of the U.S. is Vice
  President Dick Chaney.

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The Executive Branch of Government for LA
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The Governor

• The chief executive officer of the state is the
  governor.
• Other officials in the Executive Branch includes
• Lieutenant Governor
• Secretary of State
• Secretary of Treasurer
• Attorney General
• and various Commissioners

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• The current governor of LA is Kathleen Blanco.

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• Requirements to be Governor
• 25 yrs old
• Citizen of the US and LA for at least 5 yrs
• Elected for 4 yrs
• Serve 2 terms
• Most important duty of the governor is to prepare
  and submit operating and capital budgets.

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Roles of the Governor

• Chief executive carry out states laws
• Commander in chief controls the National Guard

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Lieutenant Governor

• Similar to the office of Vice President
• Act as governor is governor is out of town
• Replaces governor is the governor die, resigns or
  is impeached

Mitch Landrieu
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Attorney General

• Heads the states legal office
• Provides answers to questions dealing w/ law
• Defends LA laws if they are challenged in federal
  courts

Charles Foti
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• Secretary of State
• Chief election officer for LA
• Responsible for LAs records
• Treasurer
• Controls state
• Keeps a record of the money received and expenses
  paid out

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Legislative Branch of Government for the U. S.

• The legislative branch is known as Congress.
• The job of Congress is to make the nations laws.

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• The House of Representatives has 435 members.
  (remember the House of Rep. is based on the
  states population).
• Representatives must be at least 25 yrs old
• serve for 2 yrs.
• Lived in US last 7 yrs

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• The Senate consists of 100 members (remember
  representation is equal among the states, with
  each state having 2 members)
• Senators must be at least 30 yrs old
• can serve for 6 yrs.
• Must live in US last 9 yrs

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Legislative Branch of LA

• LA legislature is structured after the US
  legislature in that it has a bicameral
  legislature. (i.e. House and Senate)

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• The LA legislature has 144 total members
• 39 senators and 105 representatives
• Requirements to be a State Legislator
• 18 yrs old
• Registered voter
• LA resident at least 2 yrs
• Live in district you plan to represent 1 yr

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• The person in charge of the House is known as the
  Speaker of the House.
• The person in charge of the Senate is known as
  the President of the Senate.

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Types of Powers
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Types of Powers

• Enumerated powers powers belonging only to the
  fed. govt
• Specific Powers of Congress
• impose taxes
• Borrow
• Regulate trade
• Coin (make )
• Declare war

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• Reserved powers powers belonging strictly to
  the states
• Specific Powers belonging to the States
• establish schools
• pass marriage/divorce laws
• regulate trade w/in a state

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• Concurrent powers powers shared by both the
  govt and states
• Specific powers between the states and govt
• raise taxes
• borrow
• provide for public welfare
• administer criminal justice (fight crime)
• When conflicts develop between govt and states,
  the govt is always right b/c the Constitution is
  the supreme law of the land.
• Implied powers powers not specifically defined
  in the constitution

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How a Bill becomes a Law
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1. A member of the House or Senate introduces a
   bill.
2. A bill is then reviewed by committees to make
   changes and revisions.
3. The bill is then sent back to either the House or
   Senate to vote for the approval of the bill.
4. If the bill is approved, it goes to the Governor.
5. The governor can veto (refuse to sign the bill)
   or sign the bill
6. If the governor vetoes the bill it can still
   become a law w/ a 2/3 vote of the legislature
   branch

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• Also, the governor could use a line-item veto on
  any part of a bill passed by the legislature.
• This means the governor can oppose specific items
  of bill.
• However, the governor cannot veto a proposed
  constitutional amendment.

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• Trying to influence a legislator about a proposed
  law is called lobbying.
• Lobbyists write letters to legislators or visit
  the legislators at the Capitol.
• Lobbyist could be paid or volunteers.

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The Judicial Branch
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• The district courts are the main trial courts for
  the state, hearing both civil and criminal cases.

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The Court System

• The main job of the judicial branch is to
  interpret the laws.
• The Supreme Court is the highest court in the
  federal court system.
• The court system in LA has 3 levels
• LA Supreme Court
• 5 courts of appeal
• 42 district courts

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• The court of appeals is the 2nd step in the
  judicial process. If a person believes the
  district court did not handle his or her case
  correctly, the cause can be appealed.

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• The highest court in the state is the LA supreme
  court.

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• Citizens participate in the judicial system as
  witnesses for a legal case or by serving on
  juries.

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• To indict means to formally charge the person
  with a crime. This is handled by the grand jury.

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Civil and Criminal Law
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Civil Laws

• Deal with relationships b/w individual citizens
• Dispute b/w 2 people

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Types of Civil Laws

• Citizenship
• Property Rights
• Contracts

• Marriage
• Divorce
• Child Support
• Inheritance

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Criminal Laws

• Are intended to protect society from the
  wrongdoings of others
• Punished by fines, imprisonment, or death

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Types of Criminal Cases

• Misdemeanorless serious crimes
• Traffic Tickets
• FeloniesMajor crimes punishable by imprisonment.

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Types of Felonies

• Rape
• Kidnapping
• Assault
• Embezzlement

• Murder
• Armed Robbery
• Theft

Most serious felony is Capital Crimes carrying
the death penalty or life imprisonment.
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Checks Balances
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Checks and Balances

• Checks and balances ensures that no 1 branch of
  govt becomes to powerful.

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How the Branches Check Each Other

• Legislative Branch
• Can override a veto (Executive)
• Approve cabinet appointments (Executive)
• Can impeach the president (Executive)
• Can impeach judges (Judicial)
• Approve judges (Judicial)

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• Executive Branch
• Appoints judges (Judicial)
• Can veto laws (Legislative)
• Judicial Branch
• Can declare presidential actions unconstitutional
  (Executive)
• Can declare laws unconstitutional (Legislative)

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Rights of American Citizens
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• Due Process of law govt must follow procedures
  established by law and guaranteed by the
  Constitution, treating all people according to
  these principles
• Equal protection regardless of race, religion,
  or political beliefs, have the right to be
  treated the same under the law
• Basic freedoms freedom of speech, religion,
  press, assembly and petition.

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Citizens Responsibilities
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• Duties of all Citizens
• Obeying the law
• Paying taxes
• Defending the nation
• Serving on a jury or as a witness in a trial
• Attending school to a certain age

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• Responsibilities of Citizens
• Being well informed
• Voting
• Participating in govt
• Respecting the rights of others

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The State Budget
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The State Budget

• A budget is a plan for receiving and spending .
  Each year, the state govt estimates how much
  (revenue) it will collect for the fiscal year.
• Fiscal year is a financial year. It begins on
  July 1 and ends June 30.
• The governor prepares both an operating budget
  and a capital budget.

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• The operating budget covers the costs of running
  the state for a year and includes salaries,
  equipment, and supplies.
• The capital budget covers capital improvements
  such as roads, bridges, and buildings.

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• A budget deficit means that there were more
  expenditures than revenue received. (more spent
  than collected)
• A budget surplus means that there is revenue left
  over. (extra )

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Taxes

• Much of the state revenue comes from several
  kinds of taxes.

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• Sales tax a charge on items as they are
  purchased
• Excise tax a tax imposed on specific products
  (i.e. gas, alcohol, soft drinks and cigarettes)
• Severance tax a charge for removing natural
  resources from the state
• Income tax a tax imposed on peoples income
  (salary)
• Homestead exemption excuses part of the value
  of the home from property tax (up to 75,000)

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Other Sources of Revenue

• Federal Grants
• Bonds
• Traffic fines
• Lottery
• Riverboat Casinos

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Local Governments

• Chapter 13 3

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Parish Government
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Parish Government

• The govt division created to provide local
  government throughout the state is the parish.
  LA has a total of 64 parishes.
• During LAs Spanish days, the parish govt became
  known as the police jury. The police jury
  supervise the parish. 46 parishes still have
  police juries.

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• Roles of Police Juries
• Pass local laws
• Build and maintain parish roads and buildings
• Appoints the registrar of voters
• Raise
• The sheriff is the chief law enforcement officer.
• The clerk of court maintains the court records
  and other official records.
• Another form of govt is the commission form.

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• The commission form of govt is similar to the
  police jury. However, the of commissioners are
  fewer than police juries.
• Another type of govt is the council form. The
  council form combines a police jury with a
  commission form of govt. The parish is ran by a
  counsel and a mayor-president. However, cities
  w/in the parish have their own mayors and govt.
• New Orleans
• Baton Rouge

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• The last type of govt is the council-president
  form. In this type, a council carries out
  legislative functions while a president is the
  chief administrator.
• LAs local school systems have the same political
  boundaries as the parishes, except that there are
  5 additional city school districts in Monroe,
  Bogalusa, Baker, Central, and Zachary.
• The school boards are separate govt bodies and
  cannot be controlled by the local govt.
• School board members serve 4 yrs.

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• To operate the schools, a local school board can
  levy and collect taxes and issue bonds.
• Bonds are documents that serves as proof of a
  long term debt. The bondholder received interest
  at set times, and after a certain of year, the
  return of the original investment.
• The Superintendent is the person in charge of the
  school board.

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Municipalities
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Municipalities

• w/in the political boundaries of the parishes are
  municipalities of different sizes.
• Municipalities are cities and towns.
• Village---150 999
• Town--1,000-4,999
• City--5,000

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Political Parties
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Political Parties

• Political parties are an important part of
  politics.
• Political parties are people with similar ideas.
• The 2 major political parties are the Republicans
  and the Democratic party.
• Most people in LA are registered as Democrats but
  they vote for Republican candidates.

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Citizens and Government

• Chapter 13 4

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Voting and Elections
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Voting and Elections

• The 26th amendment lowered the voting age from 21
  to 18. That is now the legal age for voting in
  every state, including LA.
• A person convicted of a felony or declared
  mentally incompetent by the court loses his or
  her right to vote.

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• A poll is the place where voting is done.
• Statewide elections in LA are held as open
  primaries. LA is the only state to have an open
  primary election.
• An open primary is when all candidates compete in
  the first, or primary, election. The 2 candidates
  receiving the most votes then have a runoff
  election. The 2 candidates could be from the
  same or different party.
• As a result, fund raising is now essential for
  candidates and political parties.

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• Concern about campaign financing has increased as
  more and more is spent. The LAs governors
  races are among the most expensive political
  campaigns in the US.

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THE ELECTORAL COLLEGE
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WHY DO WE HAVE AN ELECTORAL COLLEGE?
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THE FOUNDING FATHERS DECIDED THE U.S. NEEDED A
CHECK AND BALANCE FOR VOTING
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REASONS

• 1. TO GIVE STATES WITH A SMALL POPULATION MORE
  OF AN EQUAL WEIGHT IN THE ELECTION

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2. THEY DIDNT TRUST THE COMMON MAN TO MAKE AN
INFORMED DECISION ON WHO WOULD BE THE BEST
PRESIDENT
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ELECTORAL VOTING

• EVERY STATE GETS 1 VOTE FOR EACH OF ITS U.S.
  SENATORS AND REPRESENTATIVES
• LA HAS 2 SENATORS AND 7 HOR MEMBERS 9 ELECTORAL
  VOTES FOR LA

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IN ALMOST ALL STATES THE CANDIDATE WITH THE
MOST POPULAR VOTES WINS THE ELECTORAL VOTE
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A CANDIDATE MUST RECEIVE 270 ELECTORAL VOTES
TO WIN
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• Each state electoral votes would be the of
  Senators and House of rep.
• The president and vice president would serve for
  4 yrs.

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