STATE AND LOCAL GOVERNMENT

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STATE AND LOCAL GOVERNMENT

• Chapter 4
• OConnor and Sabato
• American Government
• Continuity and Change

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STATE AND LOCAL GOVERNMENT

• In this chapter we will cover
• The Evolution of State and Local Governments
• Grassroots Power and Politics
• State Governments
• Local Governments
• Relations with Indian Nations
• Finances

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The Evolution of State and Local Governments

• Governance in the United States is by multiple
  authorities. Sometimes they work together, other
  times they seem to work at cross purposes.
• At independence, the thirteen colonial
  governments became states tied together in a
  loose confederation under the Articles.
• 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.

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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.

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The Evolution Continued

• During the 1960s and 1970s, the national
  government added to the responsibilities of the
  state and local governments.
• Federal programs to fight poverty, promote urban
  renewal, and protect the environment were
  administered at the state and local levels.

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The Evolution Continued

• 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.

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Grassroots Power and Politics

• Most small towns have a local dynasty--some big
  towns have them, too.
• State politics, and particularly local politics,
  are often more personal, non-partisan, and
  issue-oriented than national politics.
• 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.

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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.

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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.

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State Constitutions

• 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.

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Governors

• Governors are the chief executive officers of the
  states. They 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

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State Legislatures

• All states except Nebraska have bicameral
  legislatures.
• 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.

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State Courts

• 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 judges are are usually elected to the
  bench for a specific term.
• Sixteen states have partisan elections to the
  bench, another sixteen states hold nonpartisan
  elections.
• Six states use gubernatorial appointments. The
  remaining states use the Missouri Plan in which
  the governor selects appointees from a list
  prepared by an independent panel.

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Elections

• Elections are the methodology for determining who
  will direct the institutions of state government.
• Highly partisan however, campaigns are usually
  centered on individual candidates.

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Patterns of Party Competition in State
Legislatures
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Direct Democracy

• 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.
• 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.

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Local Governments

• Formed by a chartera document that specifies
  basic procedures, politics, and institutions of
  any local municipality. Similar to a
  constitution.
• Counties subdivisions of every state except
  Connecticut and Rhode Island.
• Towns government in which everyone is invited
  to an annual meeting for elections, budget
  discussions, etc.
• Municipalities villages, towns, and cities
• Special Districts school districts, etc.

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Types of Charters for Local Governments

• Special Charters
• General Charters
• Classified Charters
• Optional Charters
• Home Rule Charters

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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.

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Relations With Indian Nations

• Treaties between the national government and
  Indian nations directly affect thirty-four
  states.
• The status of Indian tribes today is that of
  domestic dependent nations.
• The national government has ceded authority to
  the states, except for several specific areas
  such as gaming and criminal behavior.
• The two most important features of federal-tribal
  relations for state and local governments are
  land rights and treaty provisions for hunting,
  fishing, and gathering.

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Finances

• Unlike the national government, states and
  localities must balance their budgets.
• States receive as much as 25 of their funds from
  Washington, D.C.
• Local governments get as much as 15 of their
  money from the federal government.
• 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.

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State and Local Tax Burdens