Chapter 4 State and Local Government Pearson Education, Inc. © 2008 American Government: Continuity and Change 9th Edition To accompany Comprehensive, Alternate, Texas, and Essentials Editions O’Connor and Sabato

The Evolution of State and Local Governments  Original unit: the state  States determined the existence of local government- state laws create local governments  States and local governments primarily part-time in the past Grew to be full-time  Not always representative of all constituencies Baker v. Carr (1962): one person, one vote 1960s and 1970s  More responsibilities given to states; more assistance, more mandates Since 1970s  Varied trends: some enhanced importance of state and local government; some expanded the scope of federal government

State Governments  Have primary responsibility for: Education Public health Transportation Economic development Criminal justice  Licenses and regulates various professions  Recently more involved in environmental and welfare policies

State Constitutions Describes the basic policies, procedures, and institutions of the governments of a specific state  Original state constitutions Focused on limiting government  Governors were particularly weak  Legislatures more powerful  Originally, only S.C., N.Y., and Massachusetts gave governor’s veto power  Northwest Ordinance of 1787 Addressed how new states could join the Union  Impact of the Civil War on southern states’ constitutions  Western states entered the union with constitutions that also envisioned weak governments. Worried about political machines Progressive movement  Since 1970s, more than 300 amendments to state constitutions  Changes reflect some ambivalence.

State Constitutions  Compared to the U.S. Constitution, state constitutions are easy to amend. Every state allows for the convening of a constitutional convention, AND each has a process for the legislature to pass an amendment  Usually by supermajority (two-third’s or three- fourth’s vote); submit to voters for approval through a referendum; some states even easier process  Implication: frequent changes & longer documents

Governors  Chief elected executive in state government Most visible Most important role: identifying pressing problems of their state and proposing solutions Budgets are critical Veto authority  General or package  Line-item veto Implementation influence Judicial appointments, pardoning power Commute sentence, grant parole Extradition

State Legislatures  Originally strong yet non-professional in nature Half original state legislatures began without a gubernatorial veto check Many formulated budgets and made administrative appointments. Citizen legislators Baker v. Carr (1962): turning point  Today: 43 state legislatures meet every year; only seven every other year Floor sessions longer More committee work All but Nebraska have two chambers.  Term limits Restrictions that exist in some states about how long an individual may serve in state or local elected offices

State Courts  Primary function: settle disputes Most disputes matter of state law  Criminal behavior  Family law  Contracts, liability, land use States are separate systems  Own rules, procedures The ONLY time state and federal courts converge is when a case:  involves a claim that a state law or practice violates a federal law.  or, a state court judge has interpreted the Constitution.

State Courts  Inclusion The principle that state courts will apply federal laws when those laws directly conflict with the laws of the state  Specialized courts Issues such as family disputes, traffic Do not use juries  Appellate courts Have panels of judges  Judicial elections Missouri (Merit) Plan

Elections and Political Parties  Determine who will fill offices and direct the state government  Almost all elections are partisan. Exceptions are judicial elections (and the senate in Nebraska’s unicameral legislature).  Party histories vary among states. Competition between Republican and Democratic Party since the Civil War From 1994 to 2002, Republicans have made gains in state elections, particularly in South.  Today, Southerners are significant members within the Republican Party – nationally and regionally.

Direct Democracy  Progressive Reform Direction initiatives  Voters can place a proposal on a ballot and enact it into law without involving the legislature or governor. Indirect initiatives  Legislature places a proposal on a ballot and allows voters to enact it into law, without involving the governor or further action by the legislature.

Direct Democracy  Direct (popular)referendum Voters can veto a bill recently passed in the legislature by placing the issue on a ballot and expressing disapproval.  Advisory referendum Voters cast non-binding ballots on an issue or proposal.  Recall Voters can petition for a vote to remove office holders between elections.

Local Governments  More individualized than state governments  Most office-holders are part-time.  Immediacy of issues: health and safety, education, jobs and economic vitality, zoning.  Stuff of every day living

Charters  Dillon’s Rule (1868) Court ruling that local governments do not have any inherent sovereignty but instead must be authorized by state government  Charter Document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality  Special  General  Classified  Optional  Home Rule

Types of Local Governments  Counties Geographic district created within a state with a government that has general responsibilities for land, welfare, environment and sometimes rural service policies  Towns Five states in Midwest refer to towns as a form of government in which everyone in a community is invited to an annual meeting to elect officers, adopt ordinances, and pass budgets.  Municipalities Government with general responsibilities, such as city, town or village government, that is created in response to the emergence of relatively densely populated areas  Special district Most numerous form of local government; local government with particular function, e.g. water, parks

Executives and Legislatures  Local governments may have An elected executive An elected council or commission An appointed manager  Not always bound by separation of powers or checks and balances  Impact of the Civil War  Role of the Progressives Destruction of party machines led to minimization of politics; more management (i.e. managers instead of elected executives)

Executives and Legislatures  Between 1984 and 2002: Trend away from council-manager form of city government toward the mayor-council form Now half of U.S. cities have an elected mayor and council. Slightly more than 1/3 of the municipalities have the Progressive model of government.  Professional manager and an elected city council  Most common among medium-sized cities Some have both mayors and managers. School districts follow the council-manager model. Other special districts have boards.  Sometimes called public corporations or authorities

Grassroots Power and Politics  Participation more personal and more issue-oriented than at the national level  Non-partisan elections A contest in which candidates run without formal identification or association with a political party  Local news media Key role  Elite families  Ad hoc-issue specific organizations

Relations with Indian Tribes  Treaties between American Indian Nations and federal government Affect 34 states Legal status of various tribes: domestic dependent nation  Sovereignty that makes an Indian tribe in the U.S. outside the authority of state government but reliant on the federal government for the definition of tribal authority  Trust relationship: federal government obligated to protect Indian interests Policy approach of federal government toward Native Americans has varied widely over time  From relocation, assimilation, to abandonment (which led to protests) and the return to the model of respect of tribal customs and promotion of economic self-determination States are not parties to these treaties and have no direct legal authority over tribes.  Compacts Reservation land Trust land Move to incorporate written constitutions into tribal governance

State and Local Finances  State and local governments must balance their budgets.  Budgeting process Making projections of expenses and revenues  State of the economy  Level of funding that governments give to one another Funding to states from D.C. has varied Local governments get less (water & sewerage)  Most of their money from the state

State and Local Finances  Federal funding for state and local government generally declining. Increase in requirement of state spending to support national programs and concerns  Security costs  Taxes and fees vary across states Rely equally on income and sales taxes Some have no sales taxes; some have double digit sales taxes Some have no income tax Tax increases generally bode ill for elected officials at the state level  Local governments rely on property taxes, particularly schools  Segregated funds: money that comes in from a certain tax or fee and then is restricted to a specific use, such as a gasoline tax that is used for road maintenance

State and Local Finances  Progressive Tax Tax level increases with the wealth or ability of an individual or business to pay  Regressive Tax Tax level increases as the wealth or ability of an individual or business to pay decreases