State and Local Government Flashcards
What were the priorities of the people who wrote the Articles of Confederation
- limit national gov
- no state should exceed the authority and independence of others
How did the people who wrote the Articles of Confederation make the states maintain an equal authority
the Articles of Confederation could not be amended without the approval of each state, and each state received one vote in Congress, regardless of population.
(specific) problems with the Articles of Confederation
- Congress struggled to conduct business and to ensure the financial credibility of the new country’s government. (ie getting the states to pay the Revolution debt. Attempts to recoup these funds through the imposition of tariffs were vetoed by states with a vested financial interest in their failure.)
How did the Constituion give more power to the fed gov?
2 more branches (executive and judicial)
implied powers
powers not clearly stated are inffered
Which clause do implied powers stem from?
elastic cluase
Which clause does this statement come from? “make all Laws which shall be necessary and proper for carrying into Execution the Foregoing powers.”
elastic clause
What kind of issues does the elastic clause specifically help the fed government play a role in?
controversial ones (ie healthcare, expansion of power, reg of interstate commerce ect.)
supremacy clause
declared that the U.S. Constitution and any laws or treaties made in connection with that document were to supersede constitutions and laws made at the state level.
The power of the states under the constitution
ie:
- they now had the power to establish local governments This gave states sovereignty, or supreme and independent authority, over county, municipal, school and other special districts.
- ratify the amendments to the constitution
Ratification of amendments to constitution
Throughout U.S. history, all amendments to the Constitution except one have been proposed by Congress and then ratified by either three-fourths of the state legislatures or three-fourths of the state conventions called for ratification purposes. This
How could the states propose an amendment?
If at least two-thirds of the state legislatures apply for a national convention,
Why were reserved powers added to the constitution?
To pacify the Anti Federalists
Reserved powers
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
aka 10th amendment
What powers did the states have after the constitution
reserved powers and concurrent powers
concurrent powers
responsibilities shared with the national government.
Are these reserved, concurrent, or inferred powers:
the state and federal governments each have the right to collect income tax from their citizens and corporate tax from businesses. They also share responsibility for building and maintaining the network of interstates and highways and for making and enforcing laws
concurrent (bcuz the state and fed gov share the power)
Evolution of state power
Expansion of National: FDR expanded national gov power with political programs durring great depression (originally overturned by Supreme Court, but they eventually changed their decision)
Expansion of National: in 1964 Lyndon B Johnson designed program to help poor people
Expansion of National: Gradually gov started making demands and not funding them
Expansion of state: Unfunded mandate reform act.
Expansion of state: More recently, states have been granted the flexibility to set policy across a number of controversial policy areas.
What does the constitution say about the dispersion of power between states and localities within each state.
It’s silent on this issue
Why can we assume between localities and states, that power indepenedent of fed gov is first given to the states
The fact that states are mentioned specifically and local jurisdictions are not
How do states decide what to require of local jurisdictions and what to delegate.
Through their own constitutions and statutes,
Dillon’s Rule
Dillon argued that state actions trump those of the local government and have supremacy.10 In this view, cities and towns exist at the pleasure of the state, which means the state can step in and dissolve them or even take them over. Indeed, most states have supremacy clauses over local governments in their constitutions.
Why do states give local gov give any power to the local gov?
-state and local governments must work together to ensure that citizens receive adequate services. Given the necessity of cooperation, many states have granted local governments some degree of autonomy and given them discretion to make policy or tax decisions.11
What is the added independence that states give to local governments called
home rule
Given the necessity of cooperation, many states have granted local governments some degree of autonomy and given them discretion to make policy or tax decisions.11 This added independence is called 1. __________ and the transfer of power is typically spelled out within a 2. ________
- home rule
- charter
Where do local govs get their money from?
- Other levels of gov
- tax collections
- other
Where can property taxes be assessed
Property taxes can be assessed on homes, land, and businesses.
Why can the local gov’s reliance on property tax be a prob?
that property values vary with the economic health of a given area, the quality of school districts, and the overall desirability of a state, municipality, or county.
Why was the mortgage crisis a problem for local governments?
In 2007, the mortgage crisis caused home values to fall, leading many homeowners to default on their mortgages. This resulted in less property tax revenue for local governments. States also reduced aid, and overall tax collections dropped due to economic conditions and challenges in collecting income tax from online sales.
How does a state’s climate affect tax?
States with abundant natural resources, like Alaska, can leverage oil or natural gas reserves for funding education or tax reduction, while states with favorable climates for tourism and retirees, such as Florida, generate revenue that supports widespread infrastructure improvements, resulting in varying economic fortunes and implications for tax levels.
What makes states unique
- climate
- political cultures
- attitudes and beliefs about the functions and expectations of gov
government. In the book, American Federalism: A View from the States, Daniel Elazar first theorized in 1966 that the United States could be divided into three distinct political cultures:
moralistic, individualistic, and traditionalistic
Moralistic political culture
- means to better society and promote the general welfare.
Expectations for polticians in moralistic political culture
honest in their dealings with others, put the interests of the people they serve above their own, and commit to improving the area they represent.
How is the political process viewed in moralistic political culture
- seen in a positive light and not as a vehicle tainted by corruption. In fact, citizens in moralistic cultures have little patience for corruption and believe that politicians should be motivated by a desire to benefit the community rather than by a need to profit financially from service.
Moralsitc states tend to believe that the gov should be bigger/smaller
bigger
Which political culture belives government should promote the general welfare by allocating funds to programs that will benefit the poor.
moralistic
Where did moralistic political culture develop?
- among the Puritans in upper New England.
States that adopt which political culture are the most likely to donate their time and or resources to policitcal campaigns and to vote
moralistic
Why are moralistic states more likely to donate their time and/or resources to political campaigns and to vote. (2 reasons)
First, state law is likely to make it easier for residents to register and to vote because mass participation is valued. Second, citizens who hail from moralistic states should be more likely to vote because elections are truly contested.
Which political culture is more likely to support individuals who earn their positions in government on merit rather than as a reward for party loyalty. In theory, there is less incentive to be corrupt if people acquire positions based on their qualifications.
moralistic
Which political culture is the most open to 3rd parties
moralistic
How do states that align with Elazar’s individualistic political culture see the government
as a mechanism for addressing issues that matter to individual citizens and for pursuing individual goals.
What are the expectations of the government for the states that adopt individualistic poltical culture
They expect the government to provide goods and services they see as essential, and the public officials and bureaucrats who provide them expect to be compensated for their efforts. The
What is the focus of the government for the states that adopt individualistic poltical culture
The focus is on meeting individual needs and private goals rather than on serving the best interests of everyone in the community.
Which political culture? ……New policies will be enacted if politicians can use them to garner support from voters or other interested stakeholders, or if there is great demand for these services on the part of individuals.
Individualsitic
Where did the individualsitic political culture originate from?
settlers from non-Puritan England and Germany.
Given their focus on pursuing individual objectives, states with an [name this political culture] mindset will tend to advance tax breaks as a way of trying to boost a state’s economy or as a mechanism for promoting individual initiative and entrepreneurship.
individualistic
What is the objective of government as seen by the states that adopt individualistic poltical culture
this theoretical lens assumes that the objective of politics and the government is to advance individual interests,
As a result of these personal motivations, citizens in ____________ states will tend to be more tolerant of corruption among their political leaders and less likely to see politics as a noble profession in which all citizens should engage.
individualistic states
Elazar argues that in_____________ states, electoral competition does not seek to identify the candidate with the best ideas.
individualistic
Which poltical culture do states that had slaves use?
traditionalistic
Traditionalistic culture view on gov
sees the government as necessary to maintaining the existing social order, the status quo. Only
Which political culture?
Only elites belong in the political enterprise, and as a result, new public policies will be advanced only if they reinforce the beliefs and interests of those in power.
Compare and contrast individualsitic culture and traditionalistic culture
Like the individualistic culture, the traditionalistic culture believes in the importance of the individual. But instead of profiting from corporate ventures, settlers in traditionalistic states tied their economic fortunes to the necessity of slavery on plantations throughout the South.
traditionalisic view of political participation
traditionalistic cultures are more likely to see it as a privilege reserved for only those who meet the qualifications.
Critiques of Elazar’s theory
- ## things might have changed with the times
Why did public opinion drop so low in 2014
partisan rivalry, media coverage that has capitalized on the conflict, fiscal shutdowns, and the general perception that Congress is no longer engaged in lawmaking.
Role of Governor
-spokesperson
-accepts blame or praise for handling decision-making in times of crisis
- oversees implementation of public policy/legislation
Who do governors work with
lawmakers, bureaucrats, cabinet officials, and with the citizens who elected them to office in the first place.
Why do Governors have tremendous power over the legislative branch
because they serve year-round and hold office alone.
T/F The president has more power compared to their legislature then the govener has compared to their legislature
false
Where does state executive power flow from
factors such as the propensity of state legislatures to meet for only part of the year and their resulting reliance for information on the governor and his/her administration, stronger formal tools (e.g., line-item vetoes), budget-cutting discretion, and the fact that state legislators typically hold down another job besides that of legislator.
Three of the governor’s chief functions are to influence the legislative process through:
an executive budget proposal, a policy agenda, and vetoes.
How often do goveners give State of the Union addresses and who do they give it 2?
annually, they give it to the state legislature
What do governors discuss in the State of the Union address?
discuss economic and political achievements, cite data that supports their accomplishments, and overview the major items on their legislative agenda. This speech signals to members of the state legislature what priorities are high on the governor’s list.
How do governors get the cooperation of state legislators to get their bills introduced and steered through the lawmaking process,
developing good relationships with lawmakers a priority. This can entail helping lawmakers address the concerns of their constituents, inviting legislators to social events and meals, and scheduling weekly meetings with legislative leaders and committee chairs to discuss policy.
What is the gov’s job
- providing a basic list of policy priorities,
- also initiate a budget proposal in most states.
What do Govoners do when they initiate a budget proposal in most states.
- indicate funding priorities and spell out the amounts that will be appropriated to various state agencies under their discretion.
What is the Goveners role as budget proposer when the economy strongs
When the economy is strong, governors may find themselves in the enviable position of having a surplus of tax revenue. (That allows them some flexibility to decide whether they want to reduce taxes, direct funds toward a new initiative or program, allocate more funds to current programs, restore funds that were cut during times of fiscal distress, or save surplus revenue in a rainy-day account.)
Does the govener get to choose what gets cut in the budget?
When cuts must be made, especially when the legislature is not in session, it is typically the governor or their finance director who makes the call on what gets cut.
Bills and the govenoner
Legislation goes through lawmaking process, then a governer can sign it (so it becomes law) or veto it. However, if a 2/3 of legislatures vote to override the goveners decision, it becomes law.
Why is the simple act of threatening to veto can be enough to get legislators to make concessions to the governor before the governor will pass the legislation.
because it is difficult for two-thirds or more of state legislators to come together to override a veto (it requires many members of the governor’s own party to vote against the governor),
T/F The ability to veto is a formal power
true
Formal powers
Formal powers are powers the governor may exercise that are specifically outlined in state constitutions or state law.34
T/F Governors are more limited in veto powers at their disposal than presidents, which hinders their ability to check the actions of the legislative branch.
False
Unlike U.S. presidents, many governors also have additional veto powers at their disposal, which enhances their ability to check the actions of the legislative branch.
What are some veto powers that govenrors that presidents don’t?
- line item veto
- amendatory veto
- reduction veto(for the govenor of texas)
Power of legislators
- Besides the formal power to prepare the budget and veto legislation, legislators also have the power to call special sessions of the legislature for a wide array of reasons.
T/F only the govoner has the power to call a special session
True in SOME states. In other states this power is SHARED between the legislative and the executive branches.
Governor’s areas of influence
- legislative areas
- Governors can draw in supporters, contributions, and media attention that can be beneficial to other political aspirants,
- Spokesperson for their state
T/F Controversial Legislations can easily break a president’s popularity/reputation
True
What can the governer do if there is bad weather?
governors also have the power to call upon the National Guard to assist residents and first responders or aid in storm recovery. When governors declare a state of emergency,
What might the National Guard do to help?
National Guard troops can be activated to go into local areas and assist with emergency efforts in whatever capacity they are needed.
What power does the govener have regarding criminals?
Governors also have the power to spare or enhance the lives of individuals convicted of crimes in their state.
Cons of being governer
- Less time to spend with fam
- Less privacy
- Face circumstances beyond their control
- Another challenge for governors is the plural executive, which refers to the fact that many state officials, such as the lieutenant governor, attorney general, and secretary of state are elected independently from the governor; hence, the governor has no direct control over them
- Governors can also face spending restrictions due to the economic climate in their state.
- They may have to make unpopular decisions that weaken their support among voters.
- The federal government can mandate that states perform some function without giving them any funds to do so.
- governors can be swept up in crises or natural disasters they did not anticipate and could not have foreseen.
Role of state legislature in regards to laws
-They perform a lawmaking function by researching, writing, and passing legislation.
Role of state legislature in regards citizens
Members represent their districts and work to meet requests for help from citizens within it.
Role of state legislature plays for exectutive branch
legislatures perform an oversight function for the executive branch.
Legislators get ideas for bills from
-lobbyists
- laws passed in other state legislatures
- from policy that diffuses from the federal government
- from constituents or citizens
State legislatures serve three primary functions.
-perform a lawmaking function by researching, writing, and passing legislation.
-Represent their districts and work to meet requests for help from citizens within it.
-perform an oversight function for the executive branch.
In order for a bill to become law, it must pass through
both the state house and the state senate in identical form before going to the governor’s desk for final signature.
What do state legislators try to represent?
the interests of their constituents.
delegate legislator
represents the will of those who elected the legislator to office and acts in their expressed interest, even when it goes against personal belief about what is ultimately in the constituency’s best interest.
Edmund Burke was a political philosopher who theorized that representatives are either _________ or _________
delegates or trustees
trustees
believe they were elected to exercise their own judgment and know best because they have the time and expertise to study and understand an issue. Thus, a trustee will be willing to vote against the desire of the constituency so long as the trustee believes it is in the people’s best interest.
How do representatives address the concerns of the ppl they represent?
helping members in the district who need assistance or have problems with the government they want addressed.
Job of State legislators regarding celebrations
members will accept requests from local government officials or other constituents to attend parades, ribbon-cutting ceremonies, or other celebratory events within their district (Figure 14.13). They will also work with teachers and faculty to visit classes or meet with students on field trips to the state capitol.
How can the state legislators oversee the burequcracy’s implemenation of public policy?
State legislatures may request that agency heads provide testimony about spending in hearings, or they may investigate particular bureaucratic agencies to ensure that funds are being disbursed as desired.
T/F Investigations and oversight of the bureaucracy’s implementation of public policy is one of the main concerns of the state legislators
False, Since legislators have many other responsibilities and some meet for only a few months each year, they may wait to investigate until a constituent or lobbyist brings a problem to their attention.
In most states, the legislative function is composed how?
the legislative function is divided between two bodies: a state house and a state senate. The only exception is Nebraska, which has a unicameral state senate of forty-nine members.
T/F The number of legislators in the house and senate is uniform accross all states
State legislatures vary a great deal in terms of the number of legislators in the house and senate, the range of diversity across the membership, the partisan composition of the chamber relative to the governor’s affiliation, and the degree of legislative professionalism.
What is the effect of the the variation in state legislators
This variation can lead to differences in the type of policies passed and the amount of power legislatures wield relative to that of the governor.
Name the state with the least and most members of the state legislators
least: Alaska
most: New Hampshire
How does the size of the institution can have consequences for the number of citizens each member represents;
larger bodies have a smaller legislator-to-constituent ratio (assuming even populations).
Term length in state hosue
2 yrs
Term length for state senate
4 yrs
state senators/state legislators [which of those 2?] may have more time to focus on public policy and become policy generalists because they each must serve on multiple committees due to their smaller numbers.
state senators
What, (according to some research) are female and minority representatives more likely to advocate for?
for policies that are of interest to or will benefit minorities, women, and children.
What affect do African American and Latino representatives have?
the presence of African American and Latino representatives increases voter turnout by these groups.66
divided government (at a state level)
when Governors are not from the same party as the one controlling the legislature
What might a governor do at a time of divided government?
In a time of divided government, a governor may have to work harder to build relationships and to broker consensus. In addition, when state party control is divided between the legislative and executive branches, the governor may find that legislators are more likely to muster the numbers to overturn at least some of their vetoes.
unified government
when the governor’s own party controls the legislature—
How does Party composition matter for the overall legislative agenda.
The party in power will elect party members to the top leadership posts in the state house and senate, and it will determine who sits on each of the committees. Committees
Advantages of being the party in power
- ## they can elect party members to leadership posts
As a whole, state legislatures have become progressively less professional.
false. They have become more professional
Legislative professionalism is assessed according to three key factors:
- salary
- length of time in session
- # of staff
Members of professional or full-time legislatures
- being a leglislator is their full time job
- higher wages
- larger staff
- in session for much of the year
Hybrid legislators
- mid between citizen legislators and prof legislators in salary, staff, session time
Citizen legislators
- low wages (prob need other work)
- only meet for a brief perod of time
- staff assistance is low
Under consecutive term limits:
a member can serve for only a specified period of time in either the state house or the state senate, most commonly eight years. years. To try to regain a seat in the legislature once the limit has been met, the member will have to wait to run for office again. If the member succeeds, the clock will reset and the legislator may once again serve up to the limit set by the state.
lifetime ban (type of term limit)
members can serve only one time for the number of years allotted, and they are not permitted to run for office again
T/F Term limits have never been repealed
false, many state supreme courts repealed them and declared them unconstitutional for a variety of reasons
the movement to institute term limits was initiated by 1. ______ and passed through 2._______
- voters
- citizen initiatives,
initiatives and refendums
allow citizens to place a proposed law or constitutional amendment on the ballot for a popular vote.
Arguments for term limits
- bring in new ideas
- compel turnover among members by shortening the time anyone could serve and by reducing the tendency for elected officials to make legislative service their career.
- increase the motivation to make good public policy. If members were less focused on reelection and knew they could not serve more than a certain number of years, perhaps they would get right down to the business of making laws and produce innovative policy within a narrow window of time.
- might increase diversity
- the loss of long-term legislators due to term limits would allow new members and younger legislators to assume leadership positions within the chamber and committees
Arguments against term limits
- research does not support the idea that term limits increase legislative diversity
- legislators who don’t have term limits are more likely to consult with lobbyists to get info
- younger, less expierenced people
- have less power makes it harder to check the actions of the execturive branch
- temr limits could negatively affect voter enthusiasm
Order in terms of size : states, cities, counties
states, counties,cities
County systems usually take one of three basic forms:
the commission system, the council-administrator system, and the council-elected executive system.
Commision system
- mst common
- small # of elected commisioners
- performs legislative and executive functions (adopt budget, pass countyresolutions, hire and fire county officials)
Council administrator system
- voters elect council members to serve for a specified period of time and that council then elects an administrator to oversee operation of government. The administrator serves at the directive of the council and can be terminated by the council. The goal of this arrangement is to divide administrative and policymaking responsibilities between the elected council and the appointed administrator.84
council-elected executive system
- voters elect members of council and the executive
- executive performs functions similar to those of state governor
composition of a county courthouse (usually)
counties have a courthouse that houses county officials, such as the sheriff, the county clerk, the assessor, the treasurer, the coroner, and the engineer.
county coroner
investigates the cause of death when suspicious circumstances are present.
county clerk
oversees the registration of voters and also certifies election results for the county. county. In addition, this officeholder typically keeps the official birth, death, and marriage records.
county treasurer
The county treasurer oversees the collection and distribution of funds
county assessor
conducts property tax evaluations and informs individual citizens or business owners of their right to contest the appraised value of their property.
county engineer
oversee the maintenance and construction of county infrastructure.
City (aka municipal governments) operate on one of two governing models:
a mayor-council system or a council-manager system.
the mayor-council system
voters elect both a mayor and members of the city council. The mayor performs the exectuvitve functions and the city council performs legislative functions
Mayor’s power under mayor-council system
the mayor may be given a great deal of authority or only limited powers.89 Under a strong mayor system, the mayor will be able to veto the actions of the council, appoint and fire the heads of city departments, and produce a budget. Under a weak mayor system, the mayor has little authority compared to the council and acts in a ceremonial capacity as a spokesperson for the city.90
council-manager system
either the members of the city council are elected by voters along with a mayor who presides over the council, or the voters elect members of the city council and the mayor is chosen from among them. In either case, the city council will then appoint a city manager to carry out the administrative functions of the municipal government. This frees the city council to address political functions such as setting policy and formulating the budget.
What are city (aka municipal governments) responsible for?
providing clean water as well as sewage and garbage disposal. They must maintain city facilities, such as parks, streetlights, and stadiums (Figure 14.19). In addition, they address zoning and building regulations, promote the city’s economic development, and provide law enforcement, public transportation, and fire protection.
What do municipal (aka city) governments rely on for money?
property tax revenue, user fees from trash collection and the provision of water and sewer services, a portion of sales tax receipts, and taxes on business.
amendatory veto
a veto that allows a governor to send a bill back to the legislature with a message requesting a specific amendment
charter
a document that provides a framework and detailed account of local government responsibilities and areas of authority
commission system
an elected commission that serves as the governing body within a given county
consecutive term limits
caps allowing a member of the legislature to serve for only a specified period of time in either the state house or senate and forcing a wait before the member can run again
council-administrator system
an elected council that appoints an administrator to oversee the operation of the county government
council-elected executive system
a county government in which voters elect both the members of the council and the executive
council-manager system
a structure of government in which elected members of the city council appoint a city manager to carry out administrative functions
delegate legislator
a legislator who represents the will of those who elected the legislator to office and acts in their expressed interest, even when it goes against a personal belief about what is ultimately in the constituency’s best interest
Dillon’s Rule
a legal principle that holds state power and actions above those of local governments and declares state governments to be sovereign relative to local governments
expressed powers
those powers specifically provided to the Congress and the president in the U.S. Constitution
formal powers
those powers a governor may exercise that are specifically outlined in the state constitution or state law
home rule
principle that provides local governments some degree of independence from the state government, typically detailed in a charter
implied powers
those powers not specifically detailed in the U.S. Constitution but inferred as necessary to achieve the objectives of the national government
individualistic political culture
a culture that views the government as a mechanism for addressing issues that matter to individual citizens and for pursuing individual goals
lifetime ban
a rule that members can serve only one time in the state legislature for the number of years allotted and may not run again
line-item veto
a state governor’s ability to strike out a line or individual portions of a bill while letting the remainder pass into law
mayor-council system
a structure of government in which both city council members and the mayor are elected by voters
moralistic political culture
a culture that views the government as a means to better society and promote the general welfare
pardon
a governor’s action to absolve someone of blame for a crime and secure their release from prison
reduction veto
a governor’s authority to reduce the amount budgeted in a piece of legislation
term limits
rules that restrict the length of time a member can serve in the state legislature
traditionalistic political culture
a culture that views the government as necessary to maintaining the existing social order or the status quo
trustee
an officeholder who believes they were elected to exercise judgment and to know best by virtue of having the time and expertise to study and understand an issue
