Ch t 4
Chapter
State and Local
Government
American Government: Continuity and Change
9th Edition
The Evolution of State and
Local Governments
† It all started with “state” governments (i.e., colonies)
† States laws create local governments (e.g., counties,
school districts))
† State & local govts primarily part-time in the past
„ Grew to be full-time ~ El Reno Mayor/City Council?
† Proportions not always representative of constituents
„ Baker v. Carr (1962) ~ Equal # of people in leg dists
„ 1960s and 1970s ~ More responsibilities given to
states; more assistance, more mandates
„ Since 1970s
† Varied trends: some enhanced importance of state and
local govt; some expanded the scope of federal govt
p.124-125
State Governments
† Have primary responsibility for:
„
„
„
„
„
Education
Public health
Transportation
Economic development
Criminal justice
† Licenses & regulates various professions
„ Doctors,
Doctors lawyers
lawyers, teachers
† Recently more involved in environmental
and welfare policies
p.126
State Governments
† Have primary responsibility for:
„
„
„
„
„
Education
Public health
Transportation
Economic development
Criminal justice
† Licenses & regulates various professions
„ Doctors,
Doctors lawyers
lawyers, teachers
† Recently more involved in environmental
and welfare policies
p.126
State Constitutions
Describes the basic policies,
policies procedures,
procedures and
institutions of the govts of a specific state
† Original state constitutions
„ Focused on limiting government
†
†
†
†
Governors were particularly weak
Legislatures more powerful
Originally only S
Originally,
S.C.,
C N
N.Y.,
Y & MA gave gov’s
gov s veto power
Northwest Ordinance of 1787 ~ How to new state?
„
Basic reqmt = 60k inhabitants (slaves & Native Ams didn’t
count) & write an acceptable constitution
† Civil War impact on southern states
states’ constitutions
„
Rewritten constitutions very weak ~ often ignored anyway
„
„
Worried about political machines ~ soliciting votes
Progressive movement = anti-machine
† Western states entered the union with constitutions that
also envisioned weak governments.
† Since 70s, more than 300 amndts to state constits = longer
terms for govs & provided for professional legislatures
† Some changes restricted state govt auth to tax & limited
length of legislative terms
p.126-12?
State Constitutions
Describes the basic policies,
policies procedures,
procedures and
institutions of the govts of a specific state
† Original state constitutions
„ Focused on limiting government
†
†
†
†
Governors were particularly weak
Legislatures more powerful
Originally only S
Originally,
S.C.,
C N
N.Y.,
Y & MA gave gov’s
gov s veto power
Northwest Ordinance of 1787 ~ How to new state?
„
Basic reqmt = 60k inhabitants (slaves & Native Ams didn’t
count) & write an acceptable constitution
† Civil War impact on southern states
states’ constitutions
„
Rewritten constitutions very weak ~ often ignored anyway
„
„
Worried about political machines ~ soliciting votes
Progressive movement = anti-machine
† Western states entered the union with constitutions
that also envisioned weak governments
† Since 70s, more than 300 amndts to state constits = longer
terms for govs & provided for professional legislatures
† Some changes restricted state govt auth to tax & limited
length of legislative terms
p.126-128
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 (2/3 or 3/4 vote);
submit to voters for approval through a
referendum; some states even easier process
† Implication: frequent changes & longer
documents
„ Oklahoma
† Simple majorities in House & Senate
† 2/3 vote of the people at the next General or
Special
p
Election
„ State constits tend to be long & too detailed
p.128-129
Governors
† Chief
Chi f elected
l t d executive
ti
in
i state
t t governmentt
„ Most visible
„ Most important role is identifying pressing state
problems
bl
& proposing
i
solutions
l i
„ Budgets ~ Important way to make things happen
„ Veto authority
† General or package
† Line-item veto ~ Oklahoma?
„ Speed
p
& care of implementation
p
often under the
influence of the governor
„ Heads of many state agencies are elected
† Takes power away from the governor
„ Judges elected in most states
„ Gov has pardon/commutation/parole power
p.129-131
Governors
† Chief
Chi f elected
l t d executive
ti
in
i state
t t governmentt
„ Most visible
„ Most important role is identifying pressing
state problems
bl
& proposing
i
solutions
l i
„ Budgets ~ Important way to make things happen
„ Veto authority
† General or package
† Line-item veto ~ Oklahoma?
„ Speed
p
& care of implementation
p
often under the
influence of the governor
„ Heads of many state agencies are elected
† Takes power away from the governor
„ Judges elected in most states
„ Gov has pardon/commutation/parole power
p.129-131
Governors
† Extradition
E t diti
~ Di
Discretionary
ti
„ Former Governor Mario Cuomo of New York refused
to extradite a prisoner to a death penalty state
† This
Thi b
became an issue
i
in
i his
hi unsuccessful
f l bid for
f
reelection
„ The new governor, George Pataki, ordered the
extradition shortly after his inauguration
† With his support, NY adopted the death penalty, but
the state supreme court declared the new law
unconstitutional
p.129-131
Democrats = 28
Republicans = 22
p.130
State Legislatures
†
Originally strong yet non-professional in nature
„
Half original state legislatures began wo/ gubernatorial veto
Many formulated budgets & made administrative
appointments.
appointments
Citizen legislators
„
„
„
Floor sessions are longer longer
More committee work
All but Nebraska have two chambers
„
Restrictions that exist in some states about how long an
individual may serve in state or local elected offices
Oklahoma = 12 years
„
„
†
†
Today ~ 43 state legislatures meet every year; only seven
every other year
Term limits
„
† H = 6 X 2 yrs
† S = 3 X 4 yrs
p.131-133
State Legislatures
†
Originally strong yet non-professional in nature
„
Half original state legislatures began wo/ gubernatorial veto
Many formulated budgets & made administrative
appointments.
appointments
Citizen legislators
„
„
„
Floor sessions are longer
More committee work
All but Nebraska have two chambers
„
Restrictions that exist in some states about how long an
individual may serve in state or local elected offices
Oklahoma = 12 years
„
„
†
†
Today ~ 43 state legislatures meet every year; only seven
every other year
Term limits
„
† H = 6 X 2 yrs
† S = 3 X 4 yrs
p.131-133
*
p.133
State Courts
† The primary function is to settle disputes
„ Most of us will be in court at some point
„ Most
M t di
disputes
t are a matter
tt off state
t t law
l
† Criminal behavior
† Family law
† Contracts, liability, land use
„ States are separate systems
† Have
a e their
t e own
o
rules
u es & procedures
p ocedu es
„ 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
† A state judge has interpreted the Constitution
p.134
p.134
p.135
Merit
M it Plan
Pl
~ Judges
J d
selected by governor from
a list provided by an
independent
p
p
panel.
Judges are then kept in
office if they get a
majority of “yes” votes in
a general election.
election
p
p.136
136
*
p.135
State Courts
† Inclusion
„ The principle that state courts will apply federal
laws when those laws directly
y conflict w/ the
laws of the state ~ supremacy
† Specialized courts
„ Issues such as family disputes, traffic
„ Do not use juries
† Appellate courts ~ have panels off judges
„ Principle that all should have at least one
appeal
„ Keeps Supreme Court from
overloading
p.134-136
Elections and Political Parties
† Determine who will fill offices and direct
the state government
† Almost
Al
t all
ll elections
l ti
are partisan
ti
„ Exceptions are judicial elections (and the
senate in Nebraska
Nebraska’s
s unicameral legislature)
† Party histories vary among states.
„ Competition between Republican and
Democratic Party since the
h Civill War
„ From 1994 to 2002, Republicans have made
gains in state elections,, particularly
g
p
y in South
† Today, Southerners are significant members within
the Republican Party – nationally and regionally.
p.136-137
Elections and Political Parties
† Elections since the ’60s have led to
increasingly more diversity among state &
local officials.
officials
† Now common for African Ams, Hispanic
Ams, & women to be mayors, including
some of the largest cities
† Nov ’06 ~ MA elected Deval Patrick its
first African Am governor
† 2007 ~ Eight female governors
Jennifer Granholm
Michigan
p.136-137
Direct Democracy
† Progressive Reform
„ Direct initiatives ~ OK has
† Voters can place a proposal on a ballot and
enact it into law without involving the legislature
or governor
† Disadvantage ~ A law may be passed based on
public opinion shaped by 30 s commercials &
simplistic slogans
„ Indirect initiatives ~ OK does not have
† Legislature places a proposal on a ballot &
allows voters to enact it into law, wo/ involving
the governor or further action by the legislature
p.138-139
Direct Democracy
† It was a direct initiative that
began the process of banning
cockfighting in Oklahoma
p.138-139
Direct Democracy
† It was a direct initiative that
began the process of banning
cockfighting in Oklahoma
p.138-139
Direct Democracy
† Direct (popular) referendum
„ Voters can circulate a p
petition objecting
j
g
to a bill recently passed in the legislature
„ If enough signatures are collected, an
item appears on the next statewide
ballot, giving the voters the chance to
“veto” the legislation
† Advisory
Ad i
referendum
f
d
„ All state & local legislative bodies can
place these before the voters
p
„ A device to “take the pulse” of the voters
on a particular issue & has no binding
effect
p.138-139
Direct Democracy
† Recall
„ Voters can petition for a vote to remove
office holders between elections
† CA Governor Gray Davis
„ Recall vote of 55.4% removed him from
office
o
ce (16
( 6 Nov
o 03)
„ Replaced by Arnold Schwarzenegger
p.138-139
Local Governments
† More individualized than state
governments ~ people we know
† Most office-holders are part-time
† Immediacy
I
di
off issues:
i
health
h lth and
d
safety, education, jobs and economic
vitality zoning
vitality,
† Stuff of every day living
p.139
† Charter ~ A document
that specifies
p
the basic
policies, procedures, &
institutions of a
municipality
„ Special ~ Early type, not
Charters
often used
„ General ~ Some states use
† Dillon’s Rule (1868)
same regardless of size or
circumstances
„ “Municipal
Municipal
corporations owe „ Classified ~ Size
determined & then
their origins to &
standard charter issued
derive their power
& rights wholly
„ Optional ~ Voters choose
from the state
„ Home Rule ~ Rgmts
legislature.”
specified & communities
must write a good charter
p.139-142
Types of Local Governments
† Counties (LA = parishes; AK = boroughs)
„ Geographic district created within a state w/ a govt that
has general responsibilities for land,
land welfare,
welfare
environment & sometimes rural service policies
† Towns
„ In first states & in Midwest,
Midwest “town”
town refers to a form of
govt in which everyone in a community is invited to an
annual meeting to elect officers, adopt ordinances, &
pass budgets
† Municipalities
„ Govt w/ general responsibilities, such as city, town or
g g
govt, that is created in response
p
to the
village
emergence of relatively densely populated areas
† Special district
„ Most numerous form of local g
govt. Has a p
particular
function (e.g., water, parks)
p.143
Executives and Legislatures
† Local governments may have
„ An elected exec (usually called mayor)
„ An
A elected
l t d council
il or commission
i i
„ An appointed manager
† Not always bound by separation of powers
or checks and balances
p
of the Civil War
† Impact
„ Immigrants & political machines
† Quid pro quo ~ one thing in return for another
† Role
R l off th
the Progressives
P
i
„ Destruction of party machines led to
minimization of politics & more management
(i.e., prof mgrs instead of elected executives)
p.146
Executives and Legislatures
† Local governments may have
„ Chief elected exec (usually called mayor)
„ Elected
El t d council
il or commission
i i
„ Appointed manager
† Not always bound by separation of powers
or checks and balances
p
of the Civil War
† Impact
„ Immigrants & political machines
† Quid pro quo ~ one thing in return for another
† Role
R l off th
the Progressives
P
i
„ Destruction of party machines led to
minimization of politics & more management
(i.e., prof mgrs instead of elected executives)
p.146
What are the trends?
p.147
Executives and Legislatures
† Between
B t
1984 and
d 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
g y more than 1/3
/ of the municipalities
p
have the
Progressive model of government
† Professional manager and an elected city council
† Most common among medium
medium-sized
sized cities
„ Some have both mayors and managers
„ School districts follow the council-manager model
„ Public
P bli corporation
o po ation (sp dist)
† Est’d to provide particular svc/mgt that is
independent of city/state (e.g., port authority)
p.146-147
Executives and Legislatures
† Between
B t
1984 and
d 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
g
y more than 1/3
/ of the municipalities
p
have
the Progressive model of government
† Professional manager and an elected city
council
† Most common among mediummedium-sized cities
„ Some have both mayors and managers
„ School districts follow the council-manager model
„ Public corporation (sp dist)
† Est’d to provide particular svc/mgt that is
independent of city/state (e.g.,
(e g port authority)
p.146-147
p.148
Grassroots Power
† Politics more personal & issue-oriented
than at the natl level
„ School
S h l board
b
d gets
t calls
ll att home
h
„ Run into city council at Wal Mart
† Non-partisan
Non partisan elections
„ A contest in which candidates run wo/
formal identification or association w// a
political party
† Local news media
„ Key role ~ If it comes up, it’s an issue
† Elite families ~ Who you know
† Ad hoc ~ short term
p.148-149
Grassroots Power
† Politics more personal & issueissueoriented than at the natl level
„ School
S h l board
b
d gets
t calls
ll att home
h
„ Run into city council at Wal Mart
† Non-partisan
Non partisan elections
„ A contest in which candidates run wo/
formal identification or association w// a
political party
† Local news media
„ Key role ~ If it comes up, it’s an issue
† Elite families ~ Who you know
† Ad hoc ~ short term
p.148-149
Relations with Indian Tribes
† Treaties between American Indian Nations & fed
govt affect 34 states
„ Legal status of various tribes ~ domestic dependent
nations
ti
† Sovereignty that makes an Indian tribe in the U.S. outside
the authority of state govt but reliant on the federal govt
for the definition of tribal authority
† Trust relationship
l
h ~ ffed
d govt obligated
bl
d to protect Indian
d
interests
„ Policy approach of fed govt has varied widely over time
† From relocation,, assimilation,, to abandonment (which
(
led
to protests) & the return to the model of respect of tribal
customs & promotion of economic self-determination
„ States are not parties to these treaties & have no direct
g authority
y over tribes.
legal
† Compacts ~ Some state power over casinos
„ Reservation/trust land ~ Not subject to taxation or
regulation by state or local govt
„ Encouraged
E
d to
t write
it constitutions,
tit ti
b
butt th
the basic
b i conceptt
is alien to Indian culture
p.149-150
Relations with Indian Tribes
† Treaties between American Indian Nations & fed
govt affect 34 states
„ Legal status of various tribes ~ domestic
d
dependent
d t nations
ti
† Sovereignty that makes an Indian tribe in the U.S. outside
the authority of state govt but reliant on the federal govt
for the definition of tribal authority
† Trust relationship
l
h ~ ffed
d govt obligated
bl
d to protect Indian
d
interests
„ Policy approach of fed govt has varied widely over time
† From relocation,, assimilation,, to abandonment (which
(
led
to protests) & the return to the model of respect of tribal
customs & promotion of economic self-determination
„ States are not parties to these treaties & have no direct
g authority
y over tribes.
legal
† Compacts ~ Some state power over casinos
„ Reservation/trust land ~ Not subject to taxation or
regulation by state or local govt
„ Encouraged
E
d to
t write
it constitutions,
tit ti
b
butt th
the basic
b i conceptt
is alien to Indian culture
p.149-150
p.150
p.152
Ch t 4
Chapter
State and Local
Government
American Government: Continuity and Change
9th Edition