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SC POLI 365 - State Constitutions, Direct Democracy, and Electing State Officials

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POLI 365 1nd Edition Lecture 6 Outline of Last Lecture I. Types of Federalism (continued)a. Dual Federalismb. Cooperative Federalismc. Regulated Federalism II. Devolution III. Interstate CompactsIV. State Constitutions V. Amendment Processesa. Difficulty of Requirementb. Amending State Constitution in South CarolinaOutline of Current Lecture I. Differences Across State Constitutions a. Bill of Rights Protectionsb. Power of the Executive Branch c. Selection of the Judiciary II. Trends in Changes of Amendments to State Constitutions III. Types of Direct Democracya. ReferendaThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.b. Initiativesc. Recall ElectionIV. Electing State Government Officials Current LectureI. Differences Across State Constitutions a. Bill of Rights (BOR) Protectionsi. Most states have BORs that limit what state and local governments can do. These limitations protect the basic rights of their citizens.ii. Many items in state BORs coincide with the BOR in the National Constitution, while others, such as the right to fish and hunt, do not.b. Power of the Executive Branchi. Powers given to the governor vary between statesc. Selection of the Judiciaryi. In some states, state judges are appointed by the citizens. In others, such as South Carolina, they are appointed by the legislature. d. Citizen Involvementi. The role that citizens play in making policy varies across the states.II. Trends in Changes of Amendments to State Constitutions a. Typically, amendments have strengthened and streamlined the executive branch.For example, having the governor and the lieutenant governor run on the same ticket is a streamlined process.b. Expanding legislative professionalism. In modern times, being a state legislature has become more of a fulltime job. Compensation, when the sessions meet, and allocation of state resources are all examples of the expanded legislature.c. Overall, when states replace or amend their constitutions, they tend to favor higher law, thus the constitutions become shorter. III. Types of Direct Democracya. Referenda i. General referendum: this is the most common form of referenda. With a general referendum, a policy is put onto the ballot by the legislatureii. Popular referendum: citizens can petition to vote on actions that have already been carried out by the legislature. This is very uncommon. b. Initiativei. Direct initiative: allows citizens to completely bypass the legislature by putting their ideas directly on a ballot. This is the most common form of initiatives. ii. Indirect initiative: citizens can send their proposals to the legislature to beput on a ballot.1. Qualifications for initiatives: a. Petition: the citizens must first petition to have their proposal put on a ballot. There are state signature requirements as well as distributional requirements. That is, the signatures have to come from different areas of the state.b. Single Subject Restriction: the state can limit the proposal to a single subject so that citizens can easily give a “yes” or “no” answer.c. Fiscal analysis: more commonly, states are requiring that the citizens show how much their proposal will cost.iii. Recall Election: allows citizens to remove and replace state officials in office before their term is up.1. Recall of a state official can be for any reason, but unlike impeachment, it does not have to be on legal grounds. a. 36 states allow recall elections at a local levelb. 18 states allow the recall of state officials c. 6 states allow successors to be appointed at the time of an official’s recall. i. Overall, 2 governors have been removed: Gray Davis of California in 2003, and the governor of North Dakota in 1921.IV. Electing State Government Officials a. Nominating Candidates i. The nomination process is a combination of state law and party preference:1. Traditionally, political parties elected their candidate through conventions. 2. More recently, and most commonly, citizens vote for their candidates through direct primaries. There are two types of primaries:a. Closed primary: registered party members can vote only for their own party. Ex: Democrats will vote in the Democratic primary. i. Problems arise in closed primaries when we consider how voters who are registered as Independents or are unaffiliated with a specific party can vote. b. Open primary: registered voters get to decide which primary to vote in; but they can still only vote in oneprimary. Ex: A Republican could vote in the Republican primary or the Democratic primary, but not


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