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STATE AND LOCAL GOVERNMENT

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1 STATE AND LOCAL GOVERNMENT
Chapter 4 O’Connor and Sabato American Government: Continuity and Change

2 STATE AND LOCAL GOVERNMENT
In this chapter we will cover… The Evolution of State and Local Governments State Governments Local Governments Grassroots Power and Politics Relations with Indian Nations State and Local Finances

3 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.

4 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. Before the ruling, urban districts were underrepresented.

5 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.

6 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.

7 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.

8 State Constitutions State constitutions generally limit the powers of the state governments. (Reaction to British tyranny.) 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 (Redemption and Jim Crow laws) reflecting white control, distrust of power and providing for weak governments.

9 State Constitutions Western states also chose weak governments, trying to avoid political machines. An effective anti-machine movement was the Progressives. Many Western states allow voters to enact legislation through initiatives and recall elections to remove officials from office. The trend has been the opposite of weak governments-- 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.

10 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 (package or general veto or even line-item veto power) have appointment powers have power to pardon someone who has been convicted of a crime can commute sentences, grant parole, and extradite individuals

11 Governors (cont) The general trends since the 1960s has been an increase in the power and authority of governors. This enhancement of gubernatorial power has come at the expense of state legislatures.

12 Political Party of State Governors

13 State Legislatures Initially established to be the most powerful institution of state government—overtaken by governors. 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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15 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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18 Elections and Political Parties
Elections are the methodology for determining who will direct the institutions of state government. Highly partisan… however, campaigns are usually centered on individual candidates. Party labels determine who is in the majority and will control committees. Since 1960 elections have led to increased ethnic, racial and gender diversity.

19 Patterns of Party Competition in State Legislatures

20 Direct Democracy Progressive Reforms:
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.

21 Direct Democracy (cont.)
Direct or popular referendum: gives voters the opportunity to veto some bills. Advisory referendum: not binding but gives the legislature a feel for how the electorate likes a certain issue. Recall election: removes judges, state legislators and other office holders before the next scheduled election.

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23 Types of Charters for Local Governments
Special Charters – mostly prohibited to avoid inconsistencies General Charters – covers all jurisdictions, regardless of size Classified Charters – based on population Optional Charters – voters choose from several acceptable charters Home Rule Charters – communities draft own, but must meet standards from state

24 Types of Local Governments
Formed by a charter—a document that specifies basic procedures, politics, and institutions of any local municipality. Similar to a constitution. Dillon’s Rule: court ruling that local governments do not have inherent sovereignty but must be authorized by state government. 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.

25 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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27 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.

28 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.” Under the formal trust relationship, the federal government is legally and morally bound to protect Indian interests. The national government has ceded some authority to the states and can negotiate compacts for several specific areas such as gaming and criminal behavior on Indian reservation land. Tribes have reservation land and land trust, which are not subject to taxation or regulation by State or local governments Leads to interesting situations in Palm Springs for example 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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30 State and Local 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.

31 State and Local Finances (cont.)
Progressive taxes are based on the ability to pay. Regressive taxes (sales tax) hurt the poor so state government often exempts food, medicine, and other necessities.

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33 State and Local Tax Burdens


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