State and Local Government Federalism in Action

Ordinance Incorporate Charter Home rule At-large election Vocabulary chapters 12-14 Statute Civil Case Misdemeanor felony Defendant Extradition County County seat Ordinance Incorporate Charter Home rule At-large election Public policy Special districts

Federalism – Why share power? National government shares power with the states. This gives Americans freedom to provide for their own needs. The main reason is sectional differences. Types of powers – Do you remember?? Enumerated Reserved Concurrent

Federal Aid to the States Spending is roughly related to population of the state (from census numbers) Additional demographic questions to find out where children are located (education), minorities (grants for minorities), and population density (highways)

Types of Aid Categorical Grants – funds for some specific closely defined purpose. Like money for school lunches Usually have strings attached Block Grants – funds for much more broadly defined purposes Fewer strings attached, more freedom for state/local to decide how to spend money Project Grants – funds for specific organizations or governmental bodies For research, job training programs, etc.

Fiscal Federalism Most interactions between national and state government involve monetary considerations Fiscal Federalism Carrot and Stick Approach – using rewards and punishment. Carrot - the federal $ needed by the state. Stick – regulation & compliance w/federal mandates to receive the money – minimum wage, speed limits, handicap accessibility Unfunded Mandates – Federal govt. requires a state agency to perform functions but they don’t have the funds. Coercive Federalism – Federal govt. tells the state what they have to do in order to receive funds. South Dakota v. Dole – state drinking ages must conform to federal policy.

Understanding Federalism Advantages for Democracy Increases access to government Local problems can be solved locally Hard for political parties or interest groups to dominate all politics Disadvantages for Democracy States have different levels of service Local interest can counteract national interests Too many levels of government and too much money

Summary of Federalism Federalism is a governmental system in which power is shared between central government and the 50 state governments. The US has moved from dual (clearly defined terms) to cooperative federalism (states and federal govts collaborate on policy); fiscal federalism to new federalism. Federalism leads to both advantages and disadvantages to democracy. Most interactions today have a monetary component. There are still struggles and conflicts over power sharing in this relationship.

North Carolina History “First in Freedom” Halifax Resolves (April 12, 1776) – NC was the first state to call for complete independence from Britain. Sent 3 delegates to the 2nd Continental Congress Did not ratify Constitution until 1789 when Bill of Right added

Three Constitutions in NC’s history Very small number compared to other states 1st – Constitution of 1776 Very similar to the US Constitution 1835 Changes Voters now allowed to elect governor, approve or reject constitutional amendments Took away rights of free men of African and Indian decent 2nd – Constitution of 1868 All Confederate states had to create new Constitution after Civil War Slavery abolished, all men over 21 could vote 3rd – Constitution of 1971 All elections free, freedom of speech, equal protection of laws

State Government Each state has its own constitution. All states have three branches of government. Voters ratify amendments in all states except for Delaware. All states have bicameral legislatures except for Nebraska. Each state must accept the validity of all other state laws and contracts (Full faith and Credit). Extradition: Governor orders a suspect to be returned to the state where the crime was committed.

Executive Branch Led by a governor. In most states a person must be 30 years old, US citizen, and a resident of the state for five years. Serve a four year term, 2 consecutive – can come back for another 2 terms after 4 years Recall: An election where voters can remove state officials. Lieutenant Governor: Takes over for the governor and is head of the state senate. Dan Forest - Rep Roy Cooper - Dem

Powers of the governor Chief Executive, Chief Legislator, Judicial Leader, Commander in Chief, Party leader, Ceremonial leader. As judicial leader a governor can: Commute: Reduce a sentence. Parole: Early release from prison. Can offer pardons and reprieves. Most executive officials are elected by voters. There are many different departments led by a secretary.

Do you think the governor should have the power to pardon, or commute a sentence? Why or why not?

Superintendent of Public Instruction Commissioner of Insurance Governor Roy Cooper Lieutenant Governor Dan Forest Elected Officials Comm. Of Agriculture State Treasurer Superintendent of Public Instruction Secretary of State Attorney General Secretary of Labor Commissioner of Insurance State Auditor

Legislative Branch The Legislative Branch of North Carolina’s state government is called the General Assembly Makes two types of laws: Statutes – apply to everyone in the state Local or Specific laws – just to certain areas in the state Major power deals with finances. How much to spend and how much to tax? Legislative Oversight – review of government operations

Legislative Branch State is divided into districts - Reynolds vs. Sims (1964): All election districts must be equal in population. “Each person one vote”. Legislators must be US citizens, live in the district, and meet an age requirement. Fairly low pay. Legislative process is the same as the national level.

Judicial Branch Trial courts: Use juries. Judge decides punishment. Appellate courts: Panel of judges. Appellate jurisdiction. State Supreme Court: Highest level. Plea Bargain: Defendant pleads guilty for a reduced sentence.

Some people consider the governorship an excellent preparation for the presidency. Answer the following questions in at least 3 paragraphs. In what ways do you think being governor would prepare someone for the presidency? In what ways do you think it wouldn’t? Why or why not?

County Government Local governments are established by state governments. Charter: Plan that explains the power of a local government. All counties provide services for their citizens. County board has legislative powers. Ordinance: Law passed by a county board. Provide law enforcement, set up hospitals, improve transportation, and set up public libraries. Collect revenue through property tax and sales tax. Have executive power to enforce laws (Inspectors).

County Officials Sheriff: Law enforcement. Keeps peace and manages the jail. District attorney: Investigates crime and prosecutes in court. Coroner: Establishes the cause of death. County clerk: Keeps official records. Assessor: Determines the value of property for tax purposes.

Town governments Some counties are divided into towns. In the northeast, town government is more important than county. Town govt. began in New England as a form of direct democracy. Other northern states divided into smaller units called townships. In the Midwest, townships were established during expansion by Congress.

City government Must get a charter from the state government. Home rule: Allows cities to write their own charters. Crime, medical problems, drug abuse, and homelessness are problems. Ward: Voting district in a city.

Organization of City Governments Mayor: Executive leader. Presides over city council meetings. There are strong and weak mayor plans City Council: Legislative branch of the city. Voter elected City Manager: Helps makes decisions on city projects – runs the city. Appointed by the city council .

Community problems Public Policy: Decision that effect people. They can come from lawmakers, citizens, interest groups, and the media. Must plan for the future. Involves educated guessing. Short term: Decisions effecting the next few years. Long term: Decisions effecting the next fifty years. Must have priorities and evaluate resources. Communities develop a master plan of goals.

Zoning Financing Taxes: Sales, property and income. A zoning board decides what land will be used for. Different zones for residential, business, and public land. Provides a map for the community. Financing Taxes: Sales, property and income. User fees: Fares paid for the use of services. Bond: Borrow the money and pay it back later.

Education and Housing Education is the most expensive service provided by state and local governments. Magnet school: Students focus on a particular field of study. Vouchers: Help parents send children to private schools. Urban renewal: Re-building old neighborhoods. The government provides low income housing.

Shortages and pollution Many places have shortages on power and water. Conservation: Using less of our resources. Disposing of garbage is a problem (landfills). Recycling: Using old materials to produce new ones.