CHAPTER 4:
STATE AND LOCAL GOVERNMENT
In this chapter we will cover
History and Evolution of State and Local Government
At independence, the thirteen colonial governments became states tied together in a loose confederation under the Articles. States were the building blocks of American governance.
They formed a federal union in the late 1780s in order to address the weakness of the confederative model.
States create and determine the powers of local governments in our system.
The Evolution continued
In 1962, the Supreme Court forced the states to redistrict and become more representative of the states population. In Baker v. Carr, the Court applied the Fourteenth Amendment's Equal Protection Clause to voters.
The ruling of one man, one vote required that legislatures redistrict so that all districts have an equal number of constituents.
And Continued
During the 1960s and 1970s, the national government added to the responsibilities of the state and local governments.
Ψ Federal programs to fight poverty, promote urban renewal, and protect the environment were administered at the state and local levels.
Ψ These mandates were funded all or in part by the federal government.
Evolution Continued: 1980s
Efforts to rebalance relationship to reduce national dominance and enhance states. The Republican Revolution of 1980s: reduce taxes and cut back on mandates.
Federal deficits grew during the 1980s and money dried up for federally mandated programs.
More Evolution: State Power Again?
In the 1990s, the clear message was that state and local governments were increasingly important.
States, cities, and local governments are taking bold initiatives and establishing direct ties with each other and with other countries to spur economic growth.
Governors have become important national actors. State legislators, county officials, city managers, and other officials now travel the globe promoting the interests of their constituents.
Example?
State Power?
What about ways the Bush Admin has enhanced national power at expense of states:
- No Child Left Behind
- Domestic Surveillance
- Homeland Security
The debate continues
State Governments
The primary responsibilities of state governments are:
education
public health
transportation
economic development
criminal justice
the licensing and regulation of professions (teachers, social workers, doctors, lawyers, barbers/stylists, architects, etc.)
Additionally, states have become more active in welfare and environmental issues both on their own and as administrators of national programs.
State Constitutions
State constitutions generally limit the powers of the state governments.
After the Civil War, the states of the South were forced to adopt new constitutions acceptable to the victorious North. Often these constitutions gave significant powers to former slaves and disenfranchised the traditional elites.
After Reconstruction, these states adopted yet newer constitutions reflecting white distrust of power and providing for weak governments.
Western states also chose weak governments.
Many Western states allow voters to enact legislation through initiatives and recall elections to remove officials from office.
The trend has been to strengthen state governments so that they can more effectively deal with important issues.
Terms of governors have been lengthened, and they have been given additional authority over spending.
Legislatures have become full-time with more adequate pay, and courts were strengthened.
Governors
Who is the Governor of Ohio?
Governors have both ceremonial and policymaking roles.
In most states, governors:
propose the budget
have veto authority
have appointment powers
have power to pardon someone who has been convicted of a crime
can commute sentences, grant parole, and extradite individuals
Veto power: may be
- line-item veto (what is this? Can delete part of a bill can the President of US do this? No SC declared it unconstitutional)
- package or general veto (can veto all of a bill)
General trend since the 1960s: an increase in the authority of governors at the expense of .
State Legislatures
Vocabulary:
- Bicameral.
- Term limits.
-
Part-time. Note:
All states except
By 1999, twenty states limited the number of terms a legislator could serve. The limits range from six to twelve years.
State legislatures are still primarily part-time bodies. There is abundant turnover--over 25% of seats each election.
State Courts
State courts are independent of federal courts. Only when a dispute is claimed to involve federal or constitutional issues does the US Supreme Court get involved.
Through the rule of inclusion, state courts are obligated to enforce federal law
The primary function of courts is to settle disputes. Criminal behavior, family law, contracts, and land use are all issues for state law and state courts.
State Court Elections
- Judges are usually elected at the state level: partisan vs nonpartisan elections
- Some states use gubernatorial appointments.
-
State Elections
- After Reconstruction: Democrats dominated in South and Republicans elsewhere. Why?
- Since 1960s, more competitive everywhere (ie., Dems lost power in south). Why?
-
Most elections highly partisan but maybe not by
party, but individual. What about
Direct Democracy
Ways to bypass party politics or machines that may dominate state government and go directly to people
Direct initiative: The process in which voters can place a proposal on a ballot and enact it into law without involving the legislature or the governor.
This may also include a popular referendum, which allows the people to veto legislation.
Indirect initiative: The process in which the legislature places a proposal on a ballot and allows voters to enact it into law without involving the legislature or the governor.
Recall election: The process to remove an official between elections.
When has a recall election ever worked?
Most famous initiative?
Does
Local Governments:
v Formed by a chartera document that specifies basic procedures, politics, and institutions of any local municipality. Similar to a constitution.
v Romantic view (Alexis de Tocqueville): American politics starts with social contracts at the grass roots (local) level
v Reality: local governments owe their existence to state legislatures and can be abolished by them (Dillons Rule)
Note: all the various types of charters in textbook: read but not for exam.
Types of Local Governments
How many local governments are there?
Four types:
Ψ
Counties: subdivisions of every state
except
Ψ Why not?
Ψ
What county does
Ψ Towns: government in which everyone is invited to an annual meeting for elections, budget discussions, etc.
Ψ Municipalities: villages, towns, and cities
Ψ Special Districts: school districts, etc.
Ψ Most numerous form of government. School districts are most numerous.
Executives and Legislatures
Local governments have some or all of the following decision-making positions:
Elected executive: mayor, village president.
Elected council or commission: city council, school board, county board.
Appointed manager: city manager, school superintendent.
Note: what is a manager? How does a manager differ from a mayor?
What is the commission form of government and how did it originate?
Major Forms of Municipal Government
Note different forms. Which is most popular? What are the trends?
Which form of government do school districts follow with few exceptions?
Which form of government does the city of
Grassroots Power and Politics
All politics is local. (Tip ONeill)
Most small towns have a local dynasty--some big towns have them, too.
The Progressive Movement attempted to diminish the power of political machines through direct voter participation.
Even so, dynasties can be a feature of local American politics.
State politics, and particularly local politics, are often more personal, non-partisan, and issue-oriented than national politics. How is it possible to have non-partisan elections?
A full understanding of what happens at the grassroots includes an appreciation of local elites, local issues, local news media, and issue-specific organizations through which local and state governments make and implement policies.
Finances
Unlike the national government, states and localities must balance their budgets.
States receive as much as 25% of their funds from
Local governments get as much as 15% of their money from the federal government.
How do they pay for services?
Taxes
Different governments depend on different taxes and fees for revenue.
States rely primarily on income and sales taxes.
Local governments tend to rely on property taxes and some sales tax income.
Both local and state governments levy users fees for parks, hunting licenses, tuition, and so on.
Important vocabulary: progressive and regressive taxes. Segregated funds.
Graphic: State and Local Government Revenues
Note: Where do most federal funds go? What are the two largest sources of funds for local governments? Are user fees the same as taxes?