Chapter 4 State and Local Government American Government

Chapter 4 State and Local Government American Government: Continuity and Change 9 th Edition To accompany Comprehensive, Alternate, Texas, and Essentials Editions O’Connor and Sabato Pearson Education, Inc. © 2008

The Evolution of State and Local Governments o o Original unit: the state States determined the existence of local government- state laws create local governments States and local governments primarily part-time in the past n Grew to be full-time Not always representative of all constituencies n Baker v. Carr (1962): one person, one vote n 1960 s and 1970 s o More responsibilities given to states; more assistance, more mandates n Since 1970 s o Varied trends: some enhanced importance of state and local government; some expanded the scope of federal government

State Governments o Have primary responsibility for: n n n Education Public health Transportation Economic development Criminal justice o Licenses and regulates various professions o Recently more involved in environmental and welfare policies

State Constitutions Describes the basic policies, procedures, and institutions of the governments of a specific state o Original state constitutions n Focused on limiting government o Governors were particularly weak o Legislatures more powerful o Originally, only S. C. , N. Y. , and Massachusetts gave governor’s veto o power Northwest Ordinance of 1787 n o Addressed how new states could join the Union Impact of the Civil War on southern states’ constitutions o Western states entered the union with constitutions that also envisioned weak governments. n n Worried about political machines Progressive movement o Since 1970 s, more than 300 amendments to state constitutions o Changes reflect some ambivalence.

State Constitutions o Compared to the U. S. Constitution, state constitutions are easy to amend. n Every state allows for the convening of a constitutional convention, n AND each has a process for the legislature to pass an amendment o Usually by supermajority (two-third’s or threefourth’s vote); submit to voters for approval through a referendum; some states even easier process o Implication: frequent changes & longer documents

Governors o Chief elected executive in state government n Most visible n Most important role: identifying pressing problems of their state and proposing solutions n Budgets are critical n Veto authority o General or package o Line-item veto n Implementation influence n Judicial appointments, pardoning power n Commute sentence, grant parole n Extradition

State Legislatures o Originally strong yet non-professional in nature n Half original state legislatures began without a n o o gubernatorial veto check Many formulated budgets and made administrative appointments. Citizen legislators Baker v. Carr (1962): turning point n n Today: 43 state legislatures meet every year; only seven every other year n Floor sessions longer n More committee work n All but Nebraska have two chambers. Term limits n Restrictions that exist in some states about how long an individual may serve in state or local elected offices

State Courts o Primary function: settle disputes n Most disputes matter of state law o Criminal behavior o Family law o Contracts, liability, land use n States are separate systems o Own rules, procedures n The ONLY time state and federal courts converge is when a case: o involves a claim that a state law or practice violates a federal law. o or, a state court judge has interpreted the Constitution.

State Courts o Inclusion n The principle that state courts will apply federal laws when those laws directly conflict with the laws of the state o Specialized courts n Issues such as family disputes, traffic n Do not use juries o Appellate courts n Have panels of judges o Judicial elections n Missouri (Merit) Plan

Elections and Political Parties o Determine who will fill offices and direct the state government o Almost all elections are partisan. n Exceptions are judicial elections (and the senate in Nebraska’s unicameral legislature). o Party histories vary among states. n n Competition between Republican and Democratic Party since the Civil War From 1994 to 2002, Republicans have made gains in state elections, particularly in South. o Today, Southerners are significant members within the Republican Party – nationally and regionally.

Direct Democracy o Progressive Reform n Direction initiatives o Voters can place a proposal on a ballot and enact it into law without involving the legislature or governor. n Indirect initiatives o Legislature places a proposal on a ballot and allows voters to enact it into law, without involving the governor or further action by the legislature.

Direct Democracy o Direct (popular)referendum n Voters can veto a bill recently passed in the legislature by placing the issue on a ballot and expressing disapproval. o Advisory referendum n Voters cast non-binding ballots on an issue or proposal. o Recall n Voters can petition for a vote to remove office holders between elections.

Local Governments o More individualized than state governments o Most office-holders are part-time. o Immediacy of issues: health and safety, education, jobs and economic vitality, zoning. o Stuff of every day living

Charters o Dillon’s Rule (1868) o Charter n Court ruling that local governments do not have any inherent sovereignty but instead must be authorized by state government n Document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality o Special o General o Classified o Optional o Home Rule

Types of Local Governments o Counties n o Towns n o Five states in Midwest refer to towns as a form of government in which everyone in a community is invited to an annual meeting to elect officers, adopt ordinances, and pass budgets. Municipalities n o Geographic district created within a state with a government that has general responsibilities for land, welfare, environment and sometimes rural service policies Government with general responsibilities, such as city, town or village government, that is created in response to the emergence of relatively densely populated areas Special district n Most numerous form of local government; local government with particular function, e. g. water, parks

Executives and Legislatures o Local governments may have n An elected executive n An elected council or commission n An appointed manager o Not always bound by separation of powers or checks and balances o Impact of the Civil War o Role of the Progressives n Destruction of party machines led to minimization of politics; more management (i. e. managers instead of elected executives)

Executives and Legislatures o Between 1984 and 2002: n Trend away from council-manager form of city government toward the mayor-council form n Now half of U. S. cities have an elected mayor and council. n Slightly more than 1/3 of the municipalities have the Progressive model of government. o Professional manager and an elected city council o Most common among medium-sized cities n Some have both mayors and managers. n School districts follow the council-manager model. n Other special districts have boards. o Sometimes called public corporations or authorities

Grassroots Power and Politics o Participation more personal and more issueoriented than at the national level o Non-partisan elections n A contest in which candidates run without formal identification or association with a political party o Local news media n Key role o Elite families o Ad hoc-issue specific organizations

Relations with Indian Tribes o Treaties between American Indian Nations and federal government n n n Affect 34 states Legal status of various tribes: domestic dependent nation o Sovereignty that makes an Indian tribe in the U. S. outside the authority of state government but reliant on the federal government for the definition of tribal authority o Trust relationship: federal government obligated to protect Indian interests Policy approach of federal government toward Native Americans has varied widely over time o From relocation, assimilation, to abandonment (which led to protests) and the return to the model of respect of tribal customs and promotion of economic self-determination n n States are not parties to these treaties and have no direct legal authority over tribes. o Compacts Reservation land Trust land Move to incorporate written constitutions into tribal governance

State and Local Finances o State and local governments must balance their budgets. o Budgeting process n Making projections of expenses and revenues o State of the economy o Level of funding that governments give to one another n Funding to states from D. C. has varied n Local governments get less (water & sewerage) § Most of their money from the state

State and Local Finances o Federal funding for state and local government generally declining. n o Taxes and fees vary across states n n o Increase in requirement of state spending to support national programs and concerns o Security costs Rely equally on income and sales taxes Some have no sales taxes; some have double digit sales taxes Some have no income tax Tax increases generally bode ill for elected officials at the state level Local governments rely on property taxes, particularly schools o Segregated funds: money that comes in from a certain tax or fee and then is restricted to a specific use, such as a gasoline tax that is used for road maintenance

State and Local Finances o Progressive Tax n Tax level increases with the wealth or ability of an individual or business to pay o Regressive Tax n Tax level increases as the wealth or ability of an individual or business to pay decreases