Chapter 18 State & Local Government

State Constitutions 10 th Amendment to the U.S. Constitution reserves powers for the states. Powers are often outlined in state constitutions and are subject to the supremacy clause of the United States Constitution. State constitutions are usually very long as they have to outline the state government and help guide many of the state’s laws. Typically provide for an executive, a legislative branch and a judiciary

State Government Executive branch tends to be very weak, though governor’s power is increasing –in 43 states governors have line-item veto, increasing their power in the area of appropriations State legislatures remain an important force in state politics –legislatures allocate funds –legislatures often formulate the policy agenda –legislatures draw up U.S. congressional districts. State Judiciaries –each state has its own court system – usually have trial courts, appellate courts, and a Supreme Court. – varying by state, judges are either elected or appointed.

Direct Democracy in State Government Tools of direct democracy include –legislative initiative – voters gather signatures on a petition to place an issue on the ballot for voters’ approval –referendum – when the legislature refers a measure (either a legislative matter or a constitutional matter) to the voters for their approval or disapproval –recall – the procedure enabling voters to remove an elected officials from office before his or her term has expired

The Legal Existence of Local Government: Two Competing Views Dillon’s Rule – the narrowest interpretation of the legal status of local governments, it states that a municipal corporation can exercise only those powers expressly granted by state law (outlined by Judge John F. Dillon in 1811) Cooley’s Rule – is the view that cities should be able to govern themselves (outlined by Judge Thomas Cooley in 1871)

Local Government Units Municipalities – political entity created by the people of a city or town to govern themselves locally (over 19,000 in the U.S. now) Counties – the chief governmental unit set up by the state to administer state law and business at the local level Towns – unique creation in the New England states, it combines the role of city and county in one governing unit

Local Government Units (cont.) Townships – a rural government in some states that operates somewhat like a county (but there will be numerous townships within one county) Special Districts and School Districts – the most numerous unit of local government; special districts are one-function governments created by state legislatures (may be called authorities, boards or corporations)

Types of Municipal Representative Governments Commission Plan –Commissioners are elected to make decisions for the city. –Commissioners have both legislative and executive functions. –Assumes the functions of government are to be operated as a business Council-manager Plan –Professional manager is appointed by the city council to act as the chief executive officer. –The city council acts as a legislative unit and the manager is responsible for the daily operations and actions of the city.

Types of Municipal Representative Governments Mayor-administrator plan –Similar to the Council-manager plan. –Mayor is the elected officer, it is the manager, who was selected by the mayor, that is responsible for the actual operation of the city government. Mayor-council plan –Mayor is elected by the people to be chief executive officer and city council serves as the legislative body. –Power of the mayor can either be strong or weak depending on the amount of power the chief executive is allowed to have by law.

Machine Politics In the 19 th and early 20 th centuries, machines politics was a very important political structure. The operation of the government was controlled by a select group of men who exerted control over city government. Bosses controlled the party organization and therefore controlled the nominating process. –Patronage by the party ensured the election of the party’s candidates. –Progressive eventually reformed the whole system replaced patronage with merit.