Powers not granted to the Federal government are reserved for States and the people, which are divided between State and local governments. Show
Most Americans have more frequent contact with their State and local governments than with the Federal Government. Police departments, libraries, and schools—not to mention driver’s licenses and parking tickets—usually fall under the oversight of State and local governments. Each state has its own written constitution, and these documents are often far more elaborate than their Federal counterpart. The Alabama Constitution, for example, contains 310,296 words—more than 40 times as many as the U.S. Constitution. All State governments are modeled after the Federal Government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all States uphold a “republican form” of government, although the three-branch structure is not required. Executive BranchIn every state, the Executive Branch is headed by a governor who is directly elected by the people. In most states, other leaders in the executive branch are also directly elected, including the lieutenant governor, the attorney general, the secretary of state, and auditors and commissioners. States reserve the right to organize in any way, so they often vary greatly with regard to executive structure. Legislative BranchAll 50 States have legislatures made up of elected representatives, who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The legislature also approves a State’s budget and initiates tax legislation and articles of impeachment. The latter is part of a system of checks and balances among the three branches of government that mirrors the Federal system and prevents any branch from abusing its power. Except for one State, Nebraska, all States have a bicameral legislature made up of two chambers: a smaller upper house and a larger lower house. Together the two chambers make State laws and fulfill other governing responsibilities. (Nebraska is the lone state that has just one chamber in its legislature.) The smaller upper chamber is always called the Senate, and its members generally serve longer terms, usually four years. The larger lower chamber is most often called the House of Representatives, but some states call it the Assembly or the House of Delegates. Its members usually serve shorter terms, often two years. Judicial BranchState judicial branches are usually led by the State supreme court, which hears appeals from lower-level State courts. Court structures and judicial appointments/elections are determined either by legislation or the State constitution. The supreme court focuses on correcting errors made in lower courts and therefore holds no trials. Rulings made in State supreme courts are normally binding; however, when questions are raised regarding consistency with the U.S. Constitution, matters may be appealed directly to the United States Supreme Court. Local governments generally include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. In some States, counties are divided into townships. Municipalities can be structured in many ways, as defined by State constitutions, and are called, variously, townships, villages, boroughs, cities, or towns. Various kinds of districts also provide functions in local government outside county or municipal boundaries, such as school districts or fire protection districts. Municipal governments—those defined as cities, towns, boroughs (except in Alaska), villages, and townships—are generally organized around a population center and in most cases correspond to the geographical designations used by the United States Census Bureau for reporting of housing and population statistics. Municipalities vary greatly in size, from the millions of residents of New York City and Los Angeles to the few hundred people who live in Jenkins, Minnesota. Municipalities generally take responsibility for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services (including public transportation), and public works (streets, sewers, snow removal, signage, and so forth). Whereas the Federal Government and State governments share power in countless ways, a local government must be granted power by the State. In general, mayors, city councils, and other governing bodies are directly elected by the people. The executive branch is responsible for the administration and enforcement of the constitution and laws passed by the legislative branch. The governor is the chief executive officer of the state, although the governor shares control of the state’s executive branch with a large number of other elected officials. The executive officer administers the programs and operations of state government, and therefore most directly serves the people. It provides direct services such as medical care for the poor, regulates activities such as hazardous waste disposal, supervises the provision of services by local government such as education, and promotes the state to attract new businesses. The executive branch provides support functions necessary to fulfill these responsibilities, such as purchasing, personnel, and budgeting.
The governor is responsible for preparing and submitting to the legislature both a fiscal year operating budget and a five-year capital outlay program. The legislature appropriates funds for these and other purposes. The governor may veto any line item in an appropriation bill, but the legislature by a two-thirds vote may override a gubernatorial veto, but this has occurred only twice in modern times. The governor may call the legislature into special session and specify the subjects to be considered. In addition to the general appropriation bill, the governor often suggests other legislation. These “administration bills” are typically introduced by legislators referred to as the governor’s floor leaders. Administration bills usually receive serious consideration. Proposed constitutional amendments are not subject to the veto. The governor has the right to grant reprieves, issue pardons, commute sentences, and return fines and forfeitures for crimes against the state. In this role, the governor serves as the court of last resort. Reprieves are delays in the imposition of a sentence. To commute a sentence is to reduce it, while a pardon is a full release from sentence. The governor is the commander-in-chief of the state’s military forces, except when they are called into federal service. The governor may call up the National Guard in emergencies to preserve law and order, suppress insurrection, or repel invasion. Louisiana’s forces are frequently called up to assist residents in floods and hurricanes. Executive branch agencies make rules about particular aspects of general policy. Lieutenant GovernorThe lieutenant governor serves as governor in the event of a vacancy in the office of governor or if the governor is unable to act as governor or is out of the state. The lieutenant governor is an ex officio member of any committee or board on which the governor serves. Otherwise, the lieutenant governor has the powers and duties delegated to him or her by the governor or as provided by law. The lieutenant governor does not run for office on a ticket with the governor. In fact, the two positions can be filled by members of different political parties. In 1986, the lieutenant governor, by law, also became the commissioner of the Department of Culture, Recreation and Tourism. The lieutenant governor was given the power to appoint, with Senate approval, the secretary and other key positions in the department formerly appointed by the governor. Secretary of StateThe Secretary of State heads the Department of State and is the state’s chief election officer. He or she is responsible for preparing and certifying the ballots for all elections, announcing election returns, administering the election laws, administering the voter registration laws and overseeing parish registrars of voters, and purchasing, maintaining, repairing and storing voting machines. In addition, the department prepares the machines for balloting and delivers them to the precincts in time for elections. Attorney GeneralThe Attorney General heads the Department of Justice and is the state’s chief legal officer. The responsibility of the Attorney General is to protect the rights and interests of the state. He or she has the authority to intervene in any civil action in which the state has an interest. For example, the Attorney General represented the state in its dispute with the federal government over offshore mineral rights. The Attorney General's office defends Louisiana laws against constitutional challenges in federal court. The Attorney General has a very limited role in prosecuting criminals and cannot become involved in a criminal case without an invitation from the parish district attorney. As the legal adviser to state agencies, the Attorney General gives written advisory opinions on questions of law to state and local public officials. These opinions carry a great deal of weight but do not have the force of law. When a binding interpretation of a law is required, a suit may be filed to have the courts make a decision. TreasurerThe Treasurer heads the Department of the Treasury and is the custodian of state funds. The Treasurer disburses (pays out) public money as required by law and keeps a record of the money received and disbursed. The Treasurer serves as the state’s banker and invests funds in the treasury that are not currently needed in the state’s operations. The Treasurer serves as chairperson of the State Bond Commission, and is a member of the Interim Emergency Board and the boards of several public employee retirement systems. These positions can give the Treasurer substantial influence over debt, spending, and investment policies involving billions of dollars. Commissioner of Agriculture and ForestryThe commissioner of agriculture and forestry heads the Department of Agriculture and Forestry and is responsible for the promotion, protection, and advancement of agriculture and forestry. However, some related research and educational functions are handled by other state agencies. The department oversees seedling nurseries and fire protection services for the forestry industry. The department issues and enforces regulations that protect the agricultural interests of the state, including companies that process agricultural products. The commissioner also is responsible for assuring accurate weights and measures of all raw and processed foods, for protecting agricultural products from pests and diseases, and for preventing fraudulent practices in agriculture. The commissioner serves on many Boards and Commissions which market and control agricultural products, such as the Crawfish Promotion and Research Board. Traditionally, the commissioner was elected as a representative of farmers; however, as the number of farmers in the state has dwindled, candidates have had to appeal more and more to urban voters and their concerns as consumers of farm products. Commissioner of InsuranceThe Commissioner of Insurance heads the Department of Insurance and administers Louisiana’s laws governing the insurance industry. The commissioner is responsible for regulating all phases of insurance and approving insurance rates charged by insurance companies. The Commissioner of Insurance examines and licenses insurance agents and brokers, approves policy forms, examines articles of incorporation of insurance companies doing business in Louisiana, evaluates complaints against insurers, receives financial reports, determines the solvency of the companies, and collects insurance premium taxes and fees. Arguments have been made for making the commissioner an appointive position. The twelve so-called “cabinet” departments, those which are under the direct control of the governor, are each under the direction of a secretary, who is the executive head and chief administrative officer of that department. Each secretary has the option of appointing a deputy secretary, subject to Senate confirmation; however, the secretary of the Department of Public Safety and Corrections is required to appoint a deputy secretary for public safety services and a deputy secretary for corrections services, subject to Senate confirmation. Each cabinet department in the executive branch has an office of management and finance (OMF). This office is under the direction and control of an undersecretary, who is the chief fiscal and accounting officer of the entire department. However, the Department of Public Safety and Corrections has an office of management and finance for public safety services and an office of management and finance for correction services, each headed by an undersecretary. Generally each department has several statutorily created offices which are the organizational units through which programs are administered. (No such program offices are specified for the Department of Veterans Affairs.) An assistant secretary is the head of an office. Certain assistant secretaries bear other titles as well as the title of assistant secretary, such as the state librarian, the director of the Louisiana State Museum, and the commissioner of conservation. (These officers are the assistant secretaries of the office of the state library and the office of the state museum of the Department of Culture, Recreation and Tourism, and the office of conservation of the Department of Natural Resources, respectively.) Secretaries, undersecretaries, and assistant secretaries of cabinet departments are generally appointed by the governor, with consent of the Senate, and serve at his pleasure. The Department of Culture, Recreation and Tourism (DCRT) is a significant exception to this rule, as 1986 legislation placed that department in the office of the lieutenant governor who was made the department commissioner. The DCRT officers are appointed by the lieutenant governor and the secretary performs his functions under the general direction of the lieutenant governor. (However, the deputy secretary of DCRT is appointed by the secretary.) Other exceptions relative to appointment of officers of the various departments are indicated on the organization chart on the main page. The other eight departments include the State Civil Service, which is under the jurisdiction of the State Civil Service Commission and seven departments under the jurisdiction of elected state officials. (These include five statewide elected officials, the Public Service Commission, and the superintendent of education who formerly was elected but now is appointed by the partially elected BESE Board of Elementary and Secondary Education.) The structure of these eight departments is much like that of the cabinet departments, although department officers often have different titles such as “commissioner” or “superintendent”. In some of these departments– the smaller ones – functions are consolidated in the department’s chief executive officer and his office. In these cases, structure is not detailed in the law so as not to over structure a small department. Officers of departments under elected state officials are generally appointed by the official heading that department, with consent of the Senate, and serve at that official’s pleasure. The executive branch includes over 500 Boards and Commissions. New boards are created every year. Boards and Commissions are sometimes referred to as the “fourth branch of government.” Most fall into the following major categories: occupational licensing, policy and advisory, higher education management, regional or local special purpose (levees, ports), marketing and promotion (strawberries, tourism), special clientele programs (deaf, aged), quasi-judicial (tax commission), and independent boards that were created to remove them from politics (lottery, casino, public employee ethics, civil service). The state’s numerous Boards and Commissions have been given responsibility for a great number of programs. Some are purely advisory boards while some are management boards. Still others are quite independent. Some boards make rules and then investigate and decide whether the rules are being properly followed. These quasi-judicial agencies combine legislative, executive, and judicial functions. Several independent corporations or authorities have been created to allow them to operate their programs like businesses, free of some of the restrictions on other state agencies such as having to hire employees through civil service or follow state purchasing laws. The state’s lottery program is operated by such an authority. You can view more details about the Boards and Commissions of Louisiana by visiting the Louisiana Transparency and Accountability Portal
The governor is responsible for preparing and submitting to the legislature both a fiscal year operating budget and a five-year capital outlay program. The legislature appropriates funds for these and other purposes. The governor may veto any line item in an appropriation bill, but the legislature by a two-thirds vote may override a gubernatorial veto, but this has occurred only twice in modern times. The governor may call the legislature into special session and specify the subjects to be considered. In addition to the general appropriation bill, the governor often suggests other legislation. These “administration bills” are typically introduced by legislators referred to as the governor’s floor leaders. Administration bills usually receive serious consideration. Proposed constitutional amendments are not subject to the veto. Each house gauges the qualifications and elections of its members; it determines its rules of procedure, (but they may not be inconsistent with the provisions of the constitution). Each house may punish its members for disorderly conduct or contempt. It may also expel a member with concurrence of two-thirds of its elected members, requiring a new election for the vacant seat. Qualifications for Election to the Legislature
Subpoena Power; ContemptEach house may compel the attendance and testimony of witnesses and the production. They may also order the production of written materials, commonly used for debating bills before the legislature, before any committee thereof, or before joint committees of the houses and may punish those in willful disobedience of its orders for contempt. OfficersEach house chooses its own officers: President of the Senate and Speaker of the House of Representatives. The legislature also chooses clerical officers, the Clerk of the House of Representatives and the Secretary of the Senate, each of whom may administer oaths. Privileges and ImmunitiesA member of the legislature has immunity from arrest, except for felony charges, during his attendance at sessions and committee meetings of his house and while going to and from them. Legislative members cannot be held for questioning based on their speech in the legislature. Conflicts of InterestLegislative office is a public trust, and every effort to realize personal gain through official conduct is a violation of that trust. The legislature has a code of ethics prohibiting conflict between public duty and private interests. Each house of the legislature keeps a journal of its proceedings and publishes it immediately after the close of each session. The journal reflects the proceedings of that house, including all votes. Each member's vote is published in the journal. QuorumNo less than a majority of the elected members of each house forms a quorum in order to allow a house of the legislature to do business, but a smaller number may adjourn from day-to-day. The body of the legislature may compel the attendance of absent members. AdjournmentWhen the legislature is in session, neither house adjourns for more than three days or moves to another meeting place without consent of the other house. The legislature enacts laws only by introducing them in a legislative session for debate and passage by vote. They propose constitutional amendments by a joint resolution introduced during a legislative session. Constitutional amendments are processed through the houses similar to a bill. Action on any proposed law is taken only in an open, public meeting.
One of the legislature's main functions is in determining how and where the state spends its tax dollars, known as appropriation. The legislature must compose and agree upon a new budget yearly. Specific Appropriation for One YearExcept as otherwise provided by the constitution, no money is withdrawn from the state treasury unless specific appropriation in legislative bills has been made. No appropriation may be made for longer than one year, or as a contingency. General Appropriation BillThe General Appropriation is an itemized bill that contains appropriations for the ordinary operating expenses of government, public charities, pensions, and public debt. Origin in the House of RepresentativesAll bills for raising monies originate in the House of Representatives, but the Senate may propose or concur in adding amendments, as in other bills. Extraordinary SessionA bill appropriating money in an extraordinary session (one convened after final adjournment of the yearly regular session) and also happening in the last year of the term of office of a governor, requires the favorable vote of three-fourths of the elected members of both houses of the legislature. Local or special laws (those outside the normal practice of the legislature) must be posted publicly for at least thirty days prior to introduction of the bill.
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The Supreme Court is composed of a chief justice and six associate justices, four of whom must agree in order to render a judgment. Supreme Court judges serve ten-year terms. Supreme Court DistrictsThe state is divided into seven Supreme Court districts, and at least one judge is elected from each (these are distinct from the state's District Courts, for which there are currently 40). The districts and the number of judges assigned to each are subject to change by law enacted by two-thirds of each house of the legislature. Supreme Court's Jurisdiction; Rule-Making Power; Assignment of JudgesThe Supreme Court has general supervisory jurisdiction over all other courts. The Supreme Court has sole authority to appoint attorneys as temporary or ad hoc judges of city, municipal, traffic, parish, juvenile, or family courts.
Supreme Court: Chief JusticeThe judge oldest in point of service on the Supreme Court is named the state's chief justice. He is the chief administrative officer of the judicial system of the state. |
The state currently has five circuit courts, with one court of appeal in each. Each court has panels of at least three judges. The judge with the longest term of service is named chief judge. A majority of the judges sitting in a case must concur to render judgment. The term of a court of appeal judge is ten years. Courts of AppealCircuits and DistrictsEach circuit is divided into at least three districts, and at least one judge is elected from each. The circuits and districts and the number of judges as elected in each circuit are subject to change by law enacted by two-thirds of each house of the legislature. JurisdictionWith exceptions, a defendant has a right of appeal or review of his case if he does not agree with a circuit court's ruling. A court of appeal has jurisdiction of (1) all civil matters, and, (2) all matters appealed from family and juvenile courts, (3) most criminal cases that are triable by a jury. A court of appeal also has the jurisdiction to review and supervise cases which are heard within its circuit courts. Courts of appeal generally do not hear new facts upon appeal of criminal cases, only questions of the lawfulness of a ruling. They are able to consider new facts, as well as questions of law, in civil cases. CertificationA court of appeal may refer any question of law before it to the Supreme Court, and the Supreme Court then may give its binding instruction or decide the case wholly. |
The state is currently divided into 40 judicial districts, each composed of at least one parish and served by at least one district judge. Each district elects a chief judge. TermsThe district, family, juvenile, parish, city, and magistrate courts have jurisdictions and numbers that are adjustable by a 2/3 majority vote of the legislature. As of 2007, the legislature may establish new judgeships for district courts as well. JurisdictionA district court has original jurisdiction of all civil and criminal matters. It is the exclusive original jurisdiction of felony cases and of most cases involving property. These types of cases are not ruled over by district courts: the right to run for office or other public position; civil or political right; and most issues of probate and succession. Additionally in exception, a family court may have jurisdiction of cases involving property when those cases relate to disputes over community property like the settlement of claims arising from divorce or annulment of a marriage. Juvenile and Family CourtsCriminal cases against those younger than age seventeen are referred to juvenile courts. However the legislature may provide laws for exceptions to this rule for serious cases such as murder, rape, kidnapping, drug dealing, and armed robbery. Judiciary CommissionOn recommendation of the judiciary commission, the Supreme Court may discipline or remove judges from office. Other Judicial Branch organizations are: Mayors' Courts, Justice of the Peace Courts, Parish Courts, City Courts, Magistrate Courts. |
In each judicial district a district attorney serves a six-year-term. A district attorney must practice law for five years prior to his election. The district attorneys prosecute criminal cases within their districts, and are legal advisors to the grand jury. District attorneys may not be involved in the defense of any criminal cases.
Clerks of court are elected to four year terms. They are responsible for keeping records of all legal proceedings. Clerks of court administer notarizations, mortgages, and other legal processes not requiring trial before a court. As well the Clerk of Court's office processes legal documentation preceding and following trial.
Justices of the Peace are elected to serve six year terms as the judicial authority of a ward or district, can perform marriage ceremonies have jurisdiction in civil matters when the amount in dispute does not exceed $5,000 and do not have jurisdiction when a title to real estate is involved, when the state or any political subdivision is a defendant, or in successions or probate matters. Constables are elected to serve six year terms and carry out the orders of the Justice of the Peace Court, serve citations ordered by the justice of the peace courts and act as the enforcement officer of evictions and garnishments ordered by the JP court. The Office of the Attorney General maintains an online directory of Justices of the Peace and Constables by name, title, parish and region.
In each parish a sheriff is elected to four-year-terms. He is the chief law enforcement officer in the parish, as well as tax collector, with the exception of Orleans Parish.
A citizen of the state who has reached the age of 18 is eligible to serve as a juror within the parish in which he lives. Persons who are seventy years of age or older are exempt from jury service and may decline to serve as jurors if they wish.
Grand Jury
There are one or more grand juries in each parish. They decide whether there is enough evidence for a person to be brought to trial (indictment).
Coroners
The state's coroners are members of the judicial branch. In each parish a coroner is elected for a term of four years. Coroners must generally be licensed doctors.
