Biblical authority for America’s federal system; structure of state legislatures and roles
they have in state government; reapportionment process, structures of state court systems, their
selections and decision making concept of judicial federalism
The structure of state legislatures and roles they have in state government
oPresentation info:
Structure, Apportionment, and Process
https://learn.liberty.edu/webapps/blackboard/content/listContent.js
p?course_id=_325366_1&content_id=_13602171_1
Most work completed in state legslatures done in
committees
oPrimary function – consider bills, hear testimony,
amend bills, reject/approve bills
oStanding – regularly considers legislation; usually
have state constitutional authority of permanncnecy
oJoint – house and senate – specific purpose -
investigation
oConference – purpose iron out difference between
house and senate versions of a bill
oInterim – nefore legislature in session but getting
head start on material
State legislatures’ relationship with exectuvei branch
oMany states havedivided legislature – one party
represents legislature and other represented by
governor
oLegislature oversees bureaucracy - one of
legislature’s most important roles
Policy and program evaluation (audits)
Legislative review of administrative rules
Sunset legislation
Review and control of federal funds
oLocke’s idea: structure of state legislatures and roles in state government
John Locke believed that the legislative body is the most important
part of the government because it preserves society. (Second
Treatise)
Every member of the society adheres to the laws written by the
legislative body that apply to everyone and are designed only for
the people’s good. Furthermore, Locke believes that taxes must not
be raised without the consent of the people. (Second Treatise)
Concern of long-term office holders because those politicians may
see themselves as a separate entity from society and work in their
own personal best interests. Locke explained that the legislators
cannot transfer their power to anyone else because it is aligned
with the majority’s will which is the only force more powerful than
itself (Second Treatise)
The reapportionment process
oPresentation info:
Structure, Apportionment, and Process
https://learn.liberty.edu/webapps/blackboard/content/listContent.js
p?course_id=_325366_1&content_id=_13602171_1
Apportionment: Legislators represent districts – each
district containing approximately the same number of
inhabitants
oMalapportionment – some were over and under
represented between counties, etcetera – same
institutional power representing different numbers
of people; one person one vote doctrine
Reapportionment – state and federal districts – states
generally have full power of it
oFed government overseer
o10 years after census – redraw of district lines
oResults in gerrymandering – creating districts that
represent partisan objectives rather than the people
necessarily; most powerful is through voting rights
act
oLocke’s idea: Locke believes that "reapportionment does not alter the
legislature so much as restore the old and true one" on the basis of the
True Foundations prescribed by the original consent of the community.
Furthermore, Locke "modernizes apportionment" as an "establisher of the
government...[and] cannot miss the Consent and Approbation of the
community" (Ward, 2010)
The structures of state court systems, their selections, and decision making
oPresentation info:
Structure, Apportionment, and Process
https://learn.liberty.edu/webapps/blackboard/content/listContent.js
p?course_id=_325366_1&content_id=_13602171_1
oLocke’s idea: Locke argued that prior to the institution of government
every man has the right to preserve himself, and lacks the right to “take
away or impair the life, or what tends to the preservation of life, the
liberty, health, limb, or goods of another.” Importance of these and other
unenumerated, constitutional protections
The concept of judicial federalism
oPresentation info:
Dissolution of State authority
https://learn.liberty.edu/bbcswebdav/pid-13602215-dt-content-rid-
114117735_1/courses/GOVT327_B01_201640/GOVT327_Present
ations/Dissolution%20of%20State%20Authority%20%28LMS
%29/res/index.html
5 clauses of constitution – grown interpretations of
judiciary
Judicial Decision Making and Influence
https://learn.liberty.edu/webapps/blackboard/content/listContent.js
p?course_id=_325366_1&content_id=_13602171_1
Ultimate arbiter of conflicts between legislature and
executive branch
90% of cases – decisions are made for the judges with plea
bargains or guilty pleas
Appellate courts – review of court records and attorneys’
arguments; decision by panel of three judges to see if legal
error occurred
Decision making of case
oFacts of case
oInfluence of legal system:
Institutional arrangements
Trial court judges enforce and apply
the law
Appellate court judges interpret the
law and create public policy
Legal procedures and precedent
Lower courts fall to precedents set
by higher courts – state and federal
courts
Stare decisis, precedent
Caseload pressures
Time and attention to each case
before them – caseload depends
Access to the system
Access Individuals organizations and
grops have to court system
oPersonal characteristics predispose judge to decide
cases in certain ways – personal values, attitudes –
influenced by party affiliation, political ideology,
prior career, religion, age and sex
Selection and influence
oMajority of states decide judges through elections
(38 states)
oLeglislative election
Elects judges by majority vote (mostly
former legislators)
Public has no role in election = minimal
accountability
Minimum qualifications are services as a
legislator they often lack other qualifications
oPopular election
Can be partisan or nonpartisan
In theory – elections maximize value of
judicial accountability to people but really
make them subject to whims of people
Problems with these
Low voter turnout
Judges Align their decisions with
public opinion
Distraction from real issues
Politicization of judicial races
Campaign donations can influence
decisions
Pandering to special interests during
campaigns
oGubernatorial appointment
High in independence (directly appointed
without election), low in accountability –
beholden to only one person
Used in interim appointments fill vacant
spots until election
Political considerations come first with who
governors select
oMerit plan (Missouri plan) – hybrid of all
oLocke’s idea: Locke discussed the importance of separating legislative and
executive powers but should have taken it one step further with the
judiciary system, too. He believed that there should be legislative,
executive and federative branches (Second Treatise) However, these
branches weren’t equal and weren’t made to operate independently.
Biblical Authority for Federalism
https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?
course_id=_325366_1&content_id=_13602161_1
oDispersion of power – peoples’ prerogatives are not infringed upon
oEnumerated responsibilities – specific roles for specific individuals and
institutions and people stay in their lane of their road
oBible: themes of dispersion of power – delineates responsibilities for
people – says that this one king is not going to be the one that rules all
over you – other peoples with others spheres of authority to be answered
to; 1 samuel 8 – Israel didn’t want to be ruled by judges or prohphets and
wanted a king – issue when power is concentrated in one person; king,
prophets, judges, priests – specific roles to fulfill and not infringed by
others and need to respect authority of others; God’s law overcame law of
man; make sure there’s no one entity – Fod is ultimate power and entity
and has authority over all
oSpecific roles and responsibilities exodus 18 moses administer Israelites
from Egypt to promised land – FIL Jethro comes to visit and see status –
sees how moses wakes up early and goes to tent and people are outside in
line of tent – people come with grievances and concerns – like a mediator,
etc. – jehtro says you’re not able to do it – select a number of people who
he trusted and felt were good capable people and assign to them
responsivilities for doing this for select group of people to deal with at
their level; couldn’t resolve, then they’d go to Moses and he’d deal with it
– if it’s really out of the realm of a lower level official then moses can deal
with it othereise let’s deal with it at lowest possible level at area closest to
the issue; concept subsidiary – “every problem needs to be dealt with at
the lowest possible level first and only if that prolem cannot be rsolved at
that elvel do yougo to the next level of authority and next level of
authority and so on” = genesis of federalism – if it’s something can be
handled by state or local government t odo it, let them do it without the
infringement of higher auhtoirty and only if they cant then it foes to state,
and then federal, etc.
Constitutoinal and biblical and common sense – no one entity has
power authority or ability to handle all conflicts; responsibly
delegate to lowest possible levels = likelihood of problems dealt
with effectively (working in it) and more effieincnt and effective –
resources used at point of need where may not be properly
allocated
Structure, Apportionment, and Process
https://learn.liberty.edu/webapps/blackboard/content/listContent.js
p?course_id=_325366_1&content_id=_13602171_1
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