Exam 1 Flashcards
What kinds of goods and services do state and local governments provide?
Their primary purpose is to provide services:
Roads
– Sewer and Water Systems
– Food Safety Standards
– Criminal Law
– Law Enforcement and Fire Protection
Comparative Method
Learning approach based on studying the differences and similarities among similar units of analysis like states
Sociodemographics
Characters of a population like size, age, ethnicity. These are dynamic, and differences in populations lead to different cultures
Moralistic Culture
-Views politics and government as means to achieve collective good
Main states of Moralistic Culture?
-Puritans in NE, then migrated west (Maine, Wisconsin, Kansas, California)
Individualistic Culture
-Views politics and government as way to achieve individual goals; act like corporations that provide goods and services
Main states of Individualistic Culture?
New York, Ohio, Illinois, Alaska
Traditionalistic Cultures
-Views politics as means to maintain existing social order
-Only wealthy people expected to participate in politics
Main states of Traditionalistic Cultures?
Deep South states like Georgia, Mississippi, and South Carolina along with Texas and Arizona
Is it better to be a woman in
Maryland or a gal in Mississippi?
Better to be one in Maryland, as it scored the highest in two indexes while Mississippi was last.
-Best 5 states for women were individualistic, worst 5 were traditionalistic
What are the states a laboratory of?
Laboratory of Democracy
-State’s can engage in different policy experiments without interference from the federal government
Devolution
Process of taking power and responsibility away from federal and giving to state and local gov.
How many full-time state and full-time local government employees overall?
3.8 million state
11 million local
What is the spending force of state and local governments combined
Same as federal, $3.5 trillion
How do local governments get power?
Gain power from state government/power above rather than citizens below
Federalism Def
Political system where national and regional governments share powers and are considered independent equals
Unitary System
Where power is held via a central government (relationship between states and local gov)
Confederacy
Voluntary association of independent, sovereign states or governments
-2 confederacies: Articles and Southern
Why Federalism (relates to Articles of Confed) Part 1
Because of the articles:
-Weak central government; could not tax to pay off war debt
-constant threat of debt default
-too much hesitation for a unitary gov (just fought a monarchy)
-Foreign powers posed a threat
Therefore, a new confederacy was rejected
Why Federalism Part 2
Annapolis Convention - Federalists showed up like Hamilton, Jay, Madison and petitioned Congress to rewrite Articles
Shay’s Rebellion - Massachusetts tried to tax farmers more, so they protested
in fall 1876
Representative Gov
Form of government where citizens exercise power indirectly by choosing representatives to vote for them
Federalism Advantages
Flexibility among state laws and institutions
Reduces conflict since states can accommodate citizen interest
Experimentation (laboratory)
Enables achievement of national goals
Federalism Disadvantages
Complexity and Confusion
Can increase conflict when jurisdictional lines are unclear
Duplicates efforts and reduces accountability
Difficult to coordinate (since 1 central gov, 50 states)
Creates inequality in services and policies
Preemption
Process of federal government’s overriding areas regulated by state law
Examples of Preemption
Ex: State gov. using preemption on local gov for regulating gun control and plastic grocery bags
1/2 states preempted minimum wage laws
44 states ban local regulation of Uber and/or Lyft
15 states ban local gov from regulating plastic bags
Enumerated Powers
Grants of authority explicitly by the Constitution
National Supremacy Clause
Constitutional clause that states federal law is priority
Exclusive Powers
Powers given by Constitution solely to the federal government
Concurrent Powers
Powers that both federal and state governments can exercise
Implied Powers
Broad, but undefined, powers given to the federal government bestowed by Constitution
General Welfare Clause
Constitutional Clause gives Congress implied power through authority to provide for “general welfare”
General Welfare Clause Court Case
South Dakota v. Dole (1987) - withholding federal funds over state legal drinking age (19)
Necessary and Proper Clause and the Court Case
Con. clause gives Congress implied power through right to pass all laws considered “necessary and proper” to carry out federal government’s responsibilities as defined by Constitution
McCulloch v. Maryland (1819) - created national bank
Full Faith and Credit Clause
Con. clause requires states to recognize each other’s public records and acts as valid
What were all the cases of the Full Faith and Credit Clause?
1996 Defense of Marriage Act (DOMA)– Defined marriage as being between a man and a woman and allowed states to not recognize same-sex marriages performed in other states
* United States v. Windsor (2013)– Removed the language that marriage had to be between a man and a woman
* Obergefell v. Hodges (2015)– Removed the section of DOMA that allowed states to not recognize same-sex marriages performed in other states and that the fourteenth amendment requires states to license and recognize same-sex marriages
* 2022 Respect for Marriage Act– DOMA is repealed in its entirety and replaced.
Privileges and Immunities Clause
Constitutional clause prohibits states from discriminating against citizens of other states
Article II, Section 1
Charges states with appointing electors - one for each of a state’s U.S. senators and representatives
What is the 10th Amendment?
What are the “reserved powers” for the states?
Are the “reserved powers implied or explicit?
Def - Powers not delegated to the United States by Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Tax, Borrow, Spend
Make and Enforce Laws
Regulate Trade Within State borders
Eminent Domain - power to seize private property for public use
Protect Public Health, Safety, and Morals
14th Amendment
Bill of Rights
Prevents states from depriving individuals rights and privileges of citizenship and requires states to provide due process and equal protection guarantees
First 10 amendments which set limits on power of fed. gov. and list out rights of citizens and states
1st period of Federalism?
Dual Federalism (1789-1933) - State and federal gov have separate and distinct jurisdictions and responsibilities.
Between 2 extremes:
-State-centered Fed - States are basis of federalism and state gov should be more powerful. John Calhoun and States’ Rights Advocates
-National-centered Fed - Nation is basis of federalism; federal gov. should be more powerful. Hamilton and Federalists.
Dual Federalism: What did John Calhoun of South Carolina believe?
Compact Theory:
* The idea that the Constitution represents an agreement among sovereign states to
form a common government.
– Nullification:
* The process of a state’s rejecting a federal law and making it invalid within state
borders.
– Secession:
* The process of a government’s or political jurisdiction’s withdrawal from a
political system or alliance.
Layer Cake
2nd period of Federalism?
Cooperative Federalism (1933-1964) - impossible for state and national gov. to have separate and distinct jurisdictions, so they must work together.
Why the shift?
16th amendment (1913) - National income tax
WW1 and WWII put more emphasis on national government/central power
Great Depression
President FDR and the New Deal
Marble Cake
Grants-in-aid
Cooperative federalism
Cash appropriations given by federal government to the states
3rd Period of Federalism?
Centralized Federalism (1964-1980) - Federal gov should take leading role/lay foundation and the state and local governments help implement the framework.
Lyndon B. Johnson (1963-1969)
Great Society Program - end poverty, reduce crime, abolish inequality, improve environment
Categorical Grants
Fed. grants-in-aid given for specific programs like education
General Revenue Sharing Grants
Grants with few/zero strings attached, states free to spend however
Crosscutting
Crossover
Unfunded
Crosscutting Requirements:
– Constraints that apply to all federal grants.
* Environmental Impact Report
* Crossover Sanctions:
– Federal requirements mandating that grant recipients pass and enforce certain laws or regulations as a condition of receiving funds.
* Unfunded Mandates:
– Feral laws that direct state action but provide no financial support for that action.
4th Period of Federalism
New Federalism (1980-2002) - States should receive more power and authority and less money from fed. gov.
Ronald Reagan (1981-1989)
Converted 57 categorical grants to 9 new block grants
General revenue sharing and 60 categorical grants eliminated
Bill Clinton also support trend of devolution (1993-2001)
Block Grant
Grants given for general policy areas that give states lots of freedom how to spend the money in designated policy area.
What are the most common Grants
Categorical
Medicaid is the largest categorical grants
Texas and other states refused medicaid expansion and federal grant funds
5th period of Federalism
Ad Hoc Federalism - choosing between the two extremes of federalism based on political or partisan convenience
Nowadays , the political parties are nationalized. Back then, a conservative California was similar to a democratic New Yorker.
Jenga Federalism
President turns to states and tells them to make laws similar to the one he wants to be passed in Congress, until there is enough states that do that and Congress is willing.
Obamacare - Trump gave states freedom over the amount of Obamacare in attempts to get rid of it
Environment - Trump gave states freedom over emission standards.
What province is a Federal City?
District of Columbia/Washington D.C.
What province is a Federal City?
District of Columbia/Washington D.C that Congress has the power to rule over under Article I, Section 8, paragraph 17 of the U.S. Constitution
Residents elect mayor and city council, but laws must be approved by Congress
Residents vote for president but not a member of Congress. Worth 3 electoral votes
Supreme Court is…
the umpire of federalism.
Has cycled through trends of state-centered and nation-centered federalism
N.F.I.B. vs Sabelius (2012)
Court rules that federal government can require individuals to purchase health insurance and that doing so doesn’t violate powers reserved to states under 10th amendment
Ruch0 vs. Common Cause (2019)
Court rules that federal courts can’t review challenges to partisan gerrymandering by states
State Constitutions can..
“Expand or grant rights, protections, and freedoms not found in the U.S.’’ (adds rights, never removes them)
They vary a lot by state
Direct Democracy
Electorate
Judicial Federalism
Citizens vote themselves directly
Population who can vote
Courts determine boundaries of state-federal relations
Dual Constitutionalism
2 sovereign powers. Government of state of resident and federal gov.
All state constitutions create 3 primary branches of gov and provide general framework
Natural/Higher Law
All state constitutions contain something similar to bill of rights.
Set of moral and political rules based on divine law so gov. can’t take them away
Plenary Power - unconstrained power
Congress when passing laws must…
State legislatures when passing laws must…
“Is this allowed by the U.S. Constitution?”
“Is this prohibited by the state constitution” - states don’t establish limited governments
Characteristics of Constitutions
Permanence
US - 27 amendments
Alabama - 900 amendments
Texas - 450
Louisiana - 11th constitution, Texas - 5th
Length
US - 7400 words - more broad
State - 26000 words - more detailed; Alabama - 380,000
Specificity
39 percent of the total provisions in state constitutions are devoted to specific policy matters of this sort. In contrast, only 6 percent of the U.S. Constitution deals with such specific issues”
U.S. Constitution rejects…
1/2 state constitutions champion…
direct, instead creates system of representative
direct democracy
Does every state have to balance its budget?
No. Vermont is the only state that can run up its debt.
Congress can run up as much as they want
32 States require legislative and executive branches to balance
17 States mandate balanced budgets
Appropriation Bills - laws authorizing transfer of money to executive
Colonial Charters
Legal documents by British Crown that spelled out how colonies were to be governed. Overtime, some charters were revoked and given charters that limited self-government.
Bicameral and Unicameral Legislatures
Uni - one chamber (Ex: Nebraska)
Bi - two chambers (house of rep and senate)
Constitutional Convention
Assembly for the purpose of amending or replacing constitution
Legislative Proposals
Most attempts to change state constitutions begin with legislative proposals
Either simple or supermajority is needed.
Texas needs 2/3
Ratification - vote of entire electorate to approve constitutional change
Georgia, in 1982 was last state to entirely replace state constitution.
Ballot Initiatives
Process through which voters convey instructions to legislature, approve a law, or amend constitution
Referendums
- procedures that allow electorate to accept or reject law passed by legislature
Ratification
Vote of entire electorate to approve constitutional change, referendum, or ballot initiative
Constitutional Revision Commissions
Expert Committees formed to assess constitutions and suggest changes
Commission suggest, but can’t mandate changes to state constitution
Florida - every 20 years a revision happens
Utah - Permanent commission
Judicial Review
Power of courts to assess whether law is in compliance with constitution
Line-item Veto
- Power to reject portion of bill while leaving rest intact.
Proposition 13 in California (1978)
Capped Rate which property taxes could grow = limited funding toward education
Proposition 98 (1988) requires 40% of Cali. general revenue to go to education
Authority and power of local governments is confined by…
if not dictated by the states
Does every state require the electorate to approve legislative proposals?`
Every state except Delaware.
What two states do not have sales or income taxes?
1.) Alaska - does not because of the rich oil supply. They even have dividends to give to citizens
2.)New Hampshire - make do with less
Budget Deficits/Shortfalls
Cash shortages that result when amount of money coming into government falls below amount being spent
Sales Taxes
Taxes levied by state and local gov on purchases
Include sin taxes
$557 billion sales tax
Biggest source of income for states, less noticeable since it’s taxed a little at a time so voters respond better to sales taxes/focused consumption tax
Regressive tax
Tax levied on all taxpayers regardless of income ability, so more burden on lower income people
Progressive tax
Tax based on income bracket, more burden on higher income
Quill Corp. vs. North Dakota (1992)
State can’t impose sales taxes on business that did not have physical location in state (online shopping)
South Dakota v. Wayfair, Inc (2018)
Allows states to collect sales taxes from online retailers; sales tax depends on if sale is made to state resident and if state in law has online sales tax
Extra $26 billion revenue
Property Tax
Primary funder of local governments
Tax paid on property
Finance public education
Wealthy communities raise the most, but have to distribute some of the money for lower income areas.
Unpopular with public since they are noticeable
Income tax
Tax on wage and interest earned; Progressive tax
3rd most significant income for state and local - $376 billion
9 states don’t levy state income tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, Wyoming
Intergovernmental transfers
Funds provided by federal government to state governments and by state governments to local governments
Severance taxes
Taxes on natural resources removed from state
Alaska: oil
Washington: oysters, salmon, game fish
Different variations on taxes
States vary in tax burden. Texas pays 1/2 in per capita taxes compared to New York
Tax capacity
Measure of ability to pay taxes (higher house pricing = higher tax capacity)
Tax effort
Measure of taxes paid relative to ability to pay taxes
Economic Cycle
States can find themselves at different places on economic cycle
Michigan and Indiana/industrial states experience economic downturns first
Alaska and oil and natural gas states aren’t affected since they are always needed
Know your rights
Regardless what states you live in, national constitution rights are always there, but some states have more rights
Kansas’s experiment with supply-side cuts
2012, governor Sam Brownback signed massive tax cut bill. Led to severe staffing shortages like unguarded prisons, so in 2017 they repealed the tax cuts
Bonds
Certificates that are evidence of debts on which issuer promises to pay holder back with interest
Interest rates paid by government depend largely on government’s bond rating
Used commonly for capital investments like infrastructure
General Obligation Bonds
Investments paid off by tax revenue
Revenue Bonds
Investments paid off by revenue generated from ex: toll road/project
Municipal Bonds
Bonds issued by government to fund large projects. Income from bonds is exempt from taxation
Budget Process
State and local gov. assess revenue and set budget
19 states pass 2 year budgets, most annual
Fiscal year
Annual accounting period used by government (oct 1 - sept 30th)
Balanced budget
expenditures at least = or less than income
Expenditures: Wages
Salaries - largest source of expenditures for state and local
15 mil full time, 5 mil part time
Expenditures: Education
Largest functional spending category for state and local gov
is a discretionary spending - spending that’s controlled in annual appropriations acts
Expenditures: Health Care
State governments, health care is highest
Medicaid - 574 billion in 2017, 70 million people, Patient Protection and Affordable Care Act
Fiscal Federalism
Federal grants used to fund programs and services provided by state and local governments
Entitlement
A service that government must provide, regardless of cost
Expenditures: Welfare
AFDC (Aid to Families with Dependent Children)
1996, replaced AFDC with TANF (Temporary Assistance for Needy Families) - gives federal money to states in form of block
$30 billion on welfare
Expenditures: Fire, Police, Prisons
State and local government spending varies widely
NY - 42 cops / 10,000 residents
Cali 26 cops / 10,000 residents
3% in 2017
Plurality
Highest number of votes garnered by any of the candidates for particular office but short of outright majority
Electoral College
538 total electors; 270 electoral votes to win
Each state’s electoral College votes = to size of congressional delegation.
Min. 3 votes to each state regardless of population (2 us senators, 1 house of rep)
Electoral College: Voting Power
Smaller states have disproportionately larger power than larger states
Cal (55) - 718,000 people per vote
Wyo (3) 193,000 people per vote
Republican last won a popular vote in 2004, before that 1988
Turnout Rate
Municipal elections - turnout rate less than 20%
2018 - Californian voters had choice to split state into 3
Some voters feel disenfranchised because 1 party dominates politics in their states and they believe in opposing points
Office Group (Massachusetts) ballot
Candidates listed by name under title of office they are seeking
Party column (Indiana) blalot
Candidates divided into columns by political party.
Secret (Australian) ballot
Ballot printed by state that allows voters to pick and choose among different candidates and party preferences in private.
Straight Ticket
9 states let you do straight ticket vote - vote for all of 1 party’s candidates
Voter turnout
% of voting-eligible citizens who register to vote and do vote.
Minnesota was state with highest voter turnout rate (Minnesota and Maine tied in 2020)
More likely to vote if
High education
Elderly - SS and Medicare
White
Wealthy
Latinos slowly gaining
Should felons vote
Maine and Vermont allow incarcerated for felonies to vote
Voting rights restoration also in keeping with broader criminal justice reform effort
Nebraska - 2 year waiting period for ex-felons
17 states allow people on probation/parole to vote
Nonpartisan Elections
Candidates don’t have to declare party affiliation or receive a party’s nomination; local offices and elections are often nonpartisan
Recall
Way for voters to oust local elected
Public Opinion
Average state opinion reflected in states
Controversial subjects like:
Abortion
Welfare
Death penalty
Environmental protections
LGBT Rights
Redistricting
Drawing of new boundaries for congressional and state legislative districts/gerrymandering
2020 Election
Highest turnout rate sin 1900, 155 million
