Chapter 4: State and Local Government

1. Chapter 4: State and Local Government

2. The United STATES • The State was the original unit of government (Articles of Confederation). • State governments used to create/give power to the Federal government. (Confederation) • State governments still create all local governments • School Boards • Cities • Counties • Townships • Local governments still derive power from citizens, but citizens create local government by petitioning the state government.

3. Cooperative Federalism • Growth of full-time, professional state and local governments. • No guarantees that urban populations would be well represented. • State governments set the manner and place for Federal Congressional elections (Article 1, Sec 4). • State governments also set manner and place of elections for state office.

4. One-person, one-vote • State governments set the manner and place for Federal Congressional elections (Article 1, Sec 4). • State governments also set manner and place of elections for state office. • 1962: Baker v. Carr – 14th Amendment (Equal Protection) requires one person = one vote… • State legislative districts must be equal. • Much greater minority protection • State government becomes more responsive.

5. Great Society and beyond (1960s and 1970s) • Federal government added to responsibilities of state and local governments. • Federal programs administered at state and local level • Combatting poverty • Protecting environment • Federal assistance / requirements improves capacity / abilities of state and local government.

6. New Federalism • 1980s, President Reagan • Shifted power and authority back to State governments. • Needed to address federal budget deficits. • Reversed in part during post-9/11 era • Law enforcement • Education • Public health

7. Confusion • “Post-New Federalism” era • Supreme Court Decisions under current Chief Justice Roberts are a mix • Strengthening Federal Supremacy – ie. Upholding Obamacare • Affirming States rights –ie. TX death penalty law.

8. State Government • State Constitutions (p. 126) • Document describes the basic policies, procedures, and institutions of state government. • Serves same function as Federal Constitution. • State legislatures generally stronger than executive. • Quirky State Constitutions: • Florida – Animal Cruelty Amendment – protects pregnant pigs from cruel confinement. FL Amendment process allows voters to bypass the legislature. • Alabama State Constitution has 766 Amendments! Texas has 653! Can you guess why? • AL – 11 separate amendments related to Bingo!

9. Pennsylvania State Constitution • PA has had 5 Constitutions since independence,. • The current Constitution was written in 1968. (needed to unify the judicial branch, added a second term possibility for Governor) • Owing to Quaker influence, PA’s Constitution has one of the strongest Bills of Rights of any state constitution – it remains almost unchanged since the first draft. • Includes guarantee of free, public education • 27 Amendments

10. State Government • Governor • Chief elected executive in state government • Similar to President in many powers and responsibilities • In PA – limited to two consecutive four year terms • Current PA Governor? Tom Corbett (R) • Up for re-election in 2014 • Set agenda for term in office • Submits annual budgets • Less power to appoint agency heads than President: Attorney General, Sec. of State, Treasurer often elected. • Most do not appoint judges.

11. Judicial Authority of Governors • Pardon • Authority to cancel someone’s conviction of a crime by a court, and elimination of all punishments resulting from the conviction. • Commute • Authority to cancel all or part of the sentence of someone convicted of a crime, while keeping the conviction on record.

12. Judicial Authority of Governors • Parole • Authority to release a prisoner before their full sentence has been completed, and to specify conditions of such a release. • Extradite • To send someone (against their will) to another state to face criminal charges. • US Constitution: Extradition Clause

13. Veto • Package or General Veto • (what the President of the United States has) • The authority of a chief executive to void an entire bill that has been passed by the legislature. • Legislature may override, usually with a 2/3 majority of each chamber. • Line Item Veto • The ability of a chief executive to delete part of a bill passed by the legislature. • Involves taxing and spending. • All but 7 state governors have this – PA Governor has this.

14. State Legislatures • Most powerful institutions of state government • Far less balanced power (fewer checks and balances) then at the Federal level. • PA: General Assembly, contains a Senate and a House • All state legislatures are bicameral except for NE • PA currently considering proposed amendment to reduce size of General Assembly

15. State Courts • Most courts are state courts (because most law is state law). • Courts handle disputes and administrative processes: • Crime • Family law (marriage, divorce, adoption, custody) • Contracts • Liability • State and Federal Court systems are separate • Inclusion: state courts will apply federal laws when those laws directly conflict with laws of a state

16. Selection of Judges • Most state judges are elected, not appointed • To screen for qualifications, judges in 23 states are selected through a process called the Missouri (Merit) Plan. • A panel recommends a list of qualified judges, the governor makes an appointment from this list. At the end of the first term, these judges must be re-elected by voters. • PA judges are elected, and judges run with clearly identified party affiliations. (13 states select judges this way).

17. Political Parties Chapter 11!

18. Direct Democracy • Direct initiative • Voters can place a proposal on the ballot and enact it into law without involving the legislature or governor. • Currently allowed in 24 states • Sorry – no direct initiatives in Pennsylvania!

19. Direct Democracy • Indirect initiative • Legislatures consider/pass a bill that will only become law if approved by the voters. • Often used to ask voters to endorse a piece of legislation that cannot pass the legislature or risks a veto by the governor. • Very rare – only allowed in 11 states • High rate of success – over 40% passage rate • Sorry again! Not used in Pennsylvania!

20. Direct Democracy • Referendum (direct/popular) • Voters can veto a bill recently passed by the legislature. • Also called a “Binding” referendum • Pennsylvania – limited referendums • Constitutional Amendments • Limited use for bond issues (borrowing money)

21. Direct Democracy • Advisory (non-binding) referendum • A way to collect the voters opinion

22. Direct Democracy • Recall – • Voters can petition for a vote to remove office holders between elections. • Judges, legislators, governors • Sorry again (again!) – No recall in Pennsylvania!

23. Local Government • Dillon’s Rule • Local governments do not have any inherent sovereignty but instead must be authorized by state government. • Charter • A document that specifies the basic policies, procedures, and institutions of a municipality.

24. Charters • Special Charters: Early municipal charters were written by local governments and approved individually by states. Discontinued in most states. • General Charters: A standard charter used by some states for all municipalities, regardless of size or circumstances. • Classified Charters: Standardized charters applied to cities according to population. • Optional Charters: Some states have several charters available, from which the voters of a community choose. • Home-rule Charters: States outline the major requirements a charter must meet. Communities draft charters according to these rules, then submit them to the state for approval.

25. Local Governments • Counties: A geographic district within a state. Broad responsibilities – administer welfare and environmental programs, courts, registry of birth and deaths. • Towns: A form of government in which officers are elected, ordinances adopted, and budget passed at an annual meeting. • Municipality: Villages, towns, cities – all authorized by state governments. Created upon emergence of a population center. • Special Districts: Restricted to a particular purpose – school boards, libraries, sewer/water management, parks.

26. Executives/Legislatures • No required separation of powers. • Town Meeting: All eligible voters are allowed to attend, attendees vote on budgets and ordinances. • Mayor: the chief elected official of a city. • City Council: city legislature • Manager: a professional hired to manage daily municipal operations and to recommend policy decisions.

27. Municipal Elections • District-based: candidates run for an office that represents only the voters of a specific district within the jurisdiction. • At-large: Election in which candidates must compete throughout the jurisdiction as a whole. • Nonpartisan election: Candidates run without formal identification/association with a political party.

28. Other Municipal Institutions • Commission: Several officials are elected to top positions that have both legislative and executive responsibilities, • Public Corporation/Authority: established to provide a particular service. Independent from city/state agencies. Operated like a business. • Port Authority • Mass Transit System • Can you think of another…?

29. State and Local Finances • State and Local budgets must balance! • No deficit spending • No surpluses • State Governments • Income Tax • Sales Tax • Local Government • Property Tax

30. Types of taxes • Progressive tax • Based upon ability to pay • Regressive tax • A tax that decreases as the taxpayer’s income increases. • User fees • Charges based upon use of a public resource • Segregated funds: User fees are collected/accounted for separately from general revenue, and restricted for a specific use. • Pages 148-149