Executive and Judicial Branch of the State 13.3; 13.4

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1 Executive and Judicial Branch of the State 13.3; 13.4

2 Executive Branch To be governor, a person must be at 25 to 30 years old, an American citizen, and a resident of the state Terms are 4 years, and some states limit the amount of times a person can serve as governor.

3 Executive Branch The governor s role is similar to the President. He oversees the executive branch and makes sure laws are enforced The governor is the commander-in-chief of the state militia/national Guard. He also has the ability to appoint hundreds of officials to carry out the states day to day work

4 Departments under PA Governor Probation and Parole State Parks Aging Agriculture Banking Community and Economic Development Conservation Corrections Education Environmental Protection General Services Health Insurance Labor/Industry Military/Veteran s Affairs Public Welfare Revenue State Transportation (PENNDOT)

5 Departments under PA Governor Fish and Boat Commission Game Commission Gaming Control Board Liquor Control Board (LCB) Historical/Museum Commission Public Utility State Police Turnpike Commission

6 The governor s greatest source of executive power is the budget. Just like the Federal government the legislative branch has to approve the budget However, since the governor writes the budget, he or she holds power over many agencies and programs Executive Branch

7 Executive Branch The governor has the power to propose legislation in the form of a bill, a budget, or speech Just like the President, the governor can veto a bill However, unlike the President, the governor can perform an item veto, which is the power to reject particular parts

8 Executive Branch Other officials within the Executive Branch are a lieutenant governor (like the vice president) There is also an Attorney General, and State Treasurer The President may select his cabinet but many states open the offices to public election

9 Pennsylvania Executive Branch Governor: Tom Wolf Lt. Governor: Michael Stack III Attorney General: Josh Shapiro Treasurer: Joe Torsella Auditor General: Eugene DePasquale

10 Governors of Pennsylvania 1. Thomas Mifflin 47. Tom Wolf

11 Judicial Powers of the Governor The governor can show clemency which is showing mercy to persons convicted of a crime A pardon can be issued which is relieving someone of legal consequence of a crime The governor can also commute a sentence like converting a death sentence to life, or releasing someone based on time served

12 Judicial Powers of the Governor The governor can also issue a reprieve which can be to postpone an execution Parole can be granted to a prisoner which is the shortening of a prison sentence

13 STATE JUDICIAL SYSTEM

14 State Courts and the Law The highest form of law in the US is Constitutional law. Statutory law consists of statutes (laws) enacted by US Congress, state congress, and local government Administrative law is composed of the rules, orders, and regulations issued by federal, state, or local executive officers

15 State Courts and the Law Common law is unwritten, judge-made law that has developed over centuries from those generally accept as right and wrong It will cover all aspects of human conduct

16 State Courts and the Law Both state and federal systems of government follow the same rule. A precedent is a guide to follow in similar cases unless a compelling reason calls for another decision

17 The Use of Precedent How did previous cases inform the Allegheny v. ACLU ruling?

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19 Types of Law Criminal law is the branch of government that regulates human conduct There are 2 types of crimes: Felony and misdemeanor

20 Pennsylvania State Court System Trial Courts Justices of the Peace are on the lowest rung of the state ladder JP s are popularly elected Mostly try misdemeanors JP s will issue warrants Magistrates are the city equivalent of JP s and perform the same tasks

21 Pennsylvania State Court System Trial Courts Municipal courts is citywide Municipal courts are organized into divisions like civil, criminal, small claims, traffic, and probate Small claims courts are designed for situations for people to bring a claim for little or no cost

22 Pennsylvania State Court System General trial courts are the courts of first instance Cases heard in trial courts are heard in front of a single judge and a trial jury Trial Courts

23 Pennsylvania State Court System Trial Courts Court of Appeals Appeals from the minor courts Appeals not exclusively assigned to another court Appellate courts at the state level operate the same way as they do at the federal level Typically 3 judges hear a case examining if the Constitution was properly applied

24 Pennsylvania State Court System Supreme Court Courts of Appeals The state supreme court follows the same procedure of the US Supreme Court Cases are heard on appeal and the State Supreme Court does not have to hear a case Trial Courts

25 Pennsylvania State Court System Supreme Court: 7 Judges Commonwealth Court: 9 Judges Superior Court: 15 Judges Courts of Common Pleas: 451 Judges Minor Courts: 527 Judges

26 State Courts Advantages of having judges run for election 1. An elected judge is responsible to the public 2. Election checks the power of a governor

27 State Courts Disadvantages of having judges run for election. 1. Judges become more political than judicial 2. Judges must run for office meaning that they wish to please the people more than the law

28 PA Supreme Court

29 PA Supreme Court The Pennsylvania Supreme Court consists of seven justices, each elected to ten year terms. The justice with the longest continuous service on the court automatically becomes Chief Justice. Justices must step down from the Supreme Court when they reach the age of 70, although they may continue to serve part-time until 78.

30 Justice Elected Retention Reaches 75 Christine Donohue Dec Thomas Saylor (Chief Justice) J. Michael Eakin Dec. 14, Final Term Nov Max Baer 2003 Final Term Dec Debra Todd Oct David Wecht May 2037 Kevin Dougherty May 2037