State and Local Politics (Keep an eye on MS through this course, write it down)

1. State and Local Politics(Keep an eye on MS through this course, write it down) Instructor: Dr. Troy Gibson

2. Why study State and Local Government? A. Many, perhaps most, of the policy decisions directly affecting U.S. citizens are made by state and local government officials. • Welfare to work • Maintaining prisons (90% incarcerated in state or local jails). • Education (90% funding from states) • Policy diversity (creativity, innovation, and imagination) • State and local governments are older than the national government. • Colonies • Articles of Confederation

3. Difficulties – hard to study and generalize about 50 truly distinct, highly diverse, government systems. • Cultural diversity (ethnic p. 8 and religious contexts; next slide) • Socioeconomic diversity (economic characteristics) • Institutional diversity (political and election systems and political cultures) http://www.progressiveviewpoints.com/2008/11/county-presidential-electoral-map.html • Geographic diversity (distance and terrain) • Circumstantial diversity (different problems) • Multiplied by the diversity of 89,000 cities, counties, villages, school districts, congressional districts, zones, etc. • Basic Concepts: A. Political Science: The study of who gets what, when, how in a world of scarce resources and competing preferences.

4. MS highest at 85%; Vermont lowest at 42% (Gallup 2009; http://wnd.com/index.php?fa=PAGE.view&pageId=89029

5. B. Government: Organization that legitimately uses force to carry out its decisions like managing conflict, allocating scarce resources, selecting between competing preferences. • Who Governs? The few or the many? Social Stratification is the best way to organize the answer to this question. • Elite Theory: All societies (even democracies) are always dominated by a few, typically moneyed-interests (business class), who rule over the many. Public policy reflects power elite preferences. Natural? • Pluralism: Democracy can be achieved by the competition of many different interest groups filled by concerned citizens who compete for influence and favor. Since each group eventually is satisfied by gov’t, no one group dominates long-term. Public policy reflects the desires of interest groups and at the local level in particular, community power (broad-based pluralistic cross-section of community constituents). • State governments: certain interests more likely to dominate state and local gov’ts than national. Why?

6. Homogenous interests: Interests are more likely to represent larger, perhaps majority, proportions of state and local citizens (e.g., Casino lobby, evangelicals in MS). • Heterogeneous interests: In national government, interests almost always represent tiny minorities and very diverse groups. • Proliferation of interest activity at the state level has accompanied (tremendous growth of state and local government spending and activities). Which is the cause of more groups, government size or group pressure? • Types of interest groups (varies from state to state; name them? p. 7): • Ethnic/racial • Business • Professional associations (unions, trial lawyers) • Citizens groups (Christian Coalition) • Which groups dominate?: Still, no particular group or interest dominates state politics (despite minimal media exposure; more voter ignorance at state level). But generally, those groups with more economic resources and larger numbers win more often. As the text puts it, business elites may not ‘control’ the process, but they function as the ‘backdrop’ for the process. Some states have a ‘big three’ but most are very competitive.

7. Voter apathy, bigger problem for state and local politics. Less exposure, more ignorance, less interest. Only about 2-3% of population attend town meetings concerning local policy. This is so despite the fact that voters’ may have more at stake in state and local politics. Most people choose to leave these decisions and influences to others (usually groups). • Challenges for State and Local gov’t (a wide-ranging array of innovative entrepreneurial public-private sector partnershps aimed at solving problems of a more immediate type, like gang violence, failing schools, falling property values, etc. Less, it seems, stress on legal and technical, even constitutional, concerns): • Want gov’ts to do more with less (CA budget crisis 2009 = $50b deficit) • Racial politics (especially in large cities like Detroit) • Crime (7% of state spending goes to prisons) • Poverty (inequalities within states can become fault lines for conflict) • Education (school choice, charter, funding schemes, pre-K, merit pay, etc.) • Environmental concerns - Who’s responsibility? What about growth? • Health care – medicaid burden; uninsured; federal funding, Mass..

8. Chapter 2 State Constitutions and Federalism • Why study federalism today? • Devolution-Revolution; likely to continue? 1. Republicans last 20 years 2. Federalism internationally - EU; UK-Scotland and Wales; Canada-Quebec; Iraq-Kurdistan • Issues (Political Party positions and inconsistency) • Bush – education (national) • Clinton – welfare reform (states) • Homosexual marriage – mix *Matter of political convenience • Federalism, America’s original contribution to political theory A. Definition: power is divided and distributed BOTH to the national and subnational governments (states).

9. Key point: mere existence of national and subnational gov’ts, not the point. Question is does the power of one ultimately flow or derive from the power of the other or is the power of each ultimately derived from one common source (e.g., constitution). • Forms and interpretations of federalism • Dual Federalism: constitution gives distinct powers to nat’l gov’t, rest to states. • Cooperative federalism: federalism stress intergovernmental relations and calls for cooperation among levels to deliver goods and services (team work). • Marble cake federalism: nat’l and state gov’ts are all involved in practically all policy areas and not distinct areas of dominance (not like a layer cake). • Competitive federalism: views states as competing with other states and national gov’ts like businesses innovating in order to satisfy demand and earn

10. customer (i.e., citizen) loyalty and residence. • Permissive federalism: despite the constitution, states ultimately govern only with permission from national government. • “Our federalism”: argues that the constitution limits the power of the national government and reserves most powers to the states (10th amendment). • Alternatives to Federalism: • Unitary system – sovereign power flows from people to nat’l gov’t to state gov’ts. • Confederation – sovereign power flows from people to states to national gov’t. • Federation – sovereign power flows directly from people BOTH to national AND state gov’ts. *Articles of Confederation vs The Constitution (Fig 2-1) • Why Federalism? • Check on tyranny – diffuses power vertically; prevents dominance of single-interest group or even majorities, both of whom have to work through a federal system of power (Madison quote p. 20)

11. Federalism allows for unity without uniformity – states able to satisfy the particular policy demands of their particular citizens (diversity). Federalism allows, for example, states to diversify their treatment of abortion in widely divergent ways, though without outlawing it. • Encourages experimentation – states are “laboratories of democracy” where policy experiments can occur and other gov’ts can evaluate their success for adoption considerations; leads to policy innovation, better policy. • Keeps gov’t closer to people – more participation in, access to, and responsiveness from government. • Manages Conflict • Constitutional Structure of Federalism (Table 2-2) • Powers delegated to national government • Express/Enumerated • Implied (necessary and proper clause) • Inherent – foreign affairs domain of national gov’t whether derived from constitution or not.

12. National Supremacy clause • War Power • Regulate interstate and foreign commerce • Tax and Spend • Powers of the States • Concurrent Powers (e.g., tax and spend) • All else not given exclusively to national gov’t. • Those state laws/powers that do not compete with national laws/powers. • Limitations or Obligations on gov’t power • Make treaties (N-only) • Coin money (N-only) • Tax imports (N-only) • Maintain an Army (N-only) • Make war (N-only) • Violated Constitutional Rights of individuals (neither)

13. Interstate Relations • Full Faith and Credit – (Article IV, Sec 1) requires state courts to enforce civil judgments and acts of other states (like marriage). • Interstate privilege and immunities – (AIV, S2) states must allow other state citizens same privileges of their own (legal protection, employment, use of courts, state services in a reasonable time, etc.). • Extradition (AIV, Sec2) – states must arrest and send wanted individuals to respective state at executive’s request. • Interstate compacts – resolve disputes with other states without force; either court or compacts (agreement made between states, regulated by a newly created interstate agency, approved by congress). • Role of Federal Courts in Federalism A. McCullough v. Maryland (1819) – MD levied a tax on

14. the new national bank located in MD (like other state banks). Nat’l gov’t refused to pay. MD challenged the constitutionality of the bank (was not expressed power and not implied power since not essential or “necessary” to carrying out the expressed power). National gov’t argued that an implied power does not have to be utterly essential, only reasonably connected or “proper” to an expressed power. Marshall ruled • Implied powers: If the end is legitimate, any means related to that end is legitimate. • National Supremacy: States can tax, but not federal objects. National powers trump state powers, whether expressed or implied. • Federal Courts and Role of States – Over time, federal courts have favored the federal gov’t when in conflict. (Read quote p. 31). * “I do not think the U.S. would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several states.” -- Justice Oliver Wendell Holmes • To centralize or not to centralize

15. Decentralists - Anti-federalists to John C. Calhoun and southerners, SC early 20th century, Republicans last 20 years. • Constitution rests on authority of citizens of States, not “undifferentiated people of Nation as a whole” (Clarence Thomas). Constitution = treaty among states. • When in conflict or unclear, favor states • 10th amendment – national gov’t can do only what is expressed or clearly implied. All else, “reserved” to states. • Better because states are closer to people • Prevents consolidation of power, uniformity, conflict, policy incongruence. • Centralists – • Marshall, Lincoln, FDR, and since early 20th the SC. b. Constitution not interstate contract but supreme

16. law established by the people (not states). • Nat’l authority is supreme and exists unless specifically prohibited by constitution. • 10th amendment does not limit national power, only grants power to states also (“reserved” does not imply exclusive). • Better because national gov’t has more resources to solve problems. More objective player in local or state conflicts (racism) and ability to regulate industries (fear of flight). Universal in interest, not particular (self-interested states). • Supreme Court and Congress – mid-80s favored congress extensively over states. Recently, indicating a shift in favor of states under direction of deceased Chief Justice Rehnquist. He argued 1) Congress must plainly state their intention of preempting state law before the SC will allow it 2) Congress regulation of non-economic activities under the commerce clause must be “substantially affect interstate commerce.” 3) 14th amendment can not create new rights obligating states, only protecting rights already recognized in Constitution by SC. • Developments in Federalism • Federal Grants • Categorical – narrow purpose grant (school buses)

17. Block Grant – grant for a policy area only (education) • Project grants – individuals or agencies apply for these to fund a project they are working on (one school’s computer lab or a professor’s research). B. Growth of Big National Gov’t • Industrialization encouraged bigger nat’l gov’t (they wanted help and others wanted them regulated). • Economic growth – more tax revenues (also, 16th amendment income tax). • Depression – more tolerance of big gov’t (similar to today’s federal expansion) • Less voter interest in state and local gov’t thanks to media coverage shift. • More interest group/citizen demands on nat’l gov’t. • Devolution-Revolution – going in reverse. Clinton said “Era of big gov’t is over.” Overstated. Some policy areas are shifting to states, but still few.

18. State Constitutions • Roots of State Constitutions A. Outgrowths of colonial charters. “What is the Constitution of the U.S. but that of Massachusetts, NY, and MD? There is not a feature in it which cannot be found in one or the other.” John Adams. • Generally look like Federal Constitution with regard to governmental structure. • But in addition…They are longer, often very detailed, more flexible and more easily changeable. B. MS has made more than 101 amendments to its constitution written in 1890 (typical). Only three states have made fewer than 26 like the U.S. Const (see Fig 2-2). Examples: CA’s constitution has 26,000 words compared to U.S. 7400. MS has a “right to work” built into its constitution (an additional constitutional right that other citizens may not have in other states): “SECTION 198-A. It is hereby declared to be the public policy of Mississippi that the right of a person or persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.” II. Amending – proposed by legislature, citizen-initiated

19. ballot petition, or constitutional conventions. • Legislative proposals – all states allow legislatures to propose an amendment (with a 2/3s vote usually). Another proposal route, used less frequently, is the Revision Commission – selected by governor/legislature for proposing amendments. • Initiative Petitions – 18 states allow their citizens to place amendment proposals on an election ballot by petition (4-15% of electorate). Initiative proposals are approved 50% of time; legislative proposals approved 75% of time. • Constitutional Conventions – All states have this option (either called by legislature or voters). Rarely used or successful though • Delegates are chosen (usually by legislature). *All states require a majority or better of state voters to ratify proposals. • Revising constitutions – large scale change to constitutions, typically changing major items like structure or foundation or procedures of government.

20. MS Constitution Assignment • What does the Mississippi constitution say about the right of MS to secede from the United States, like it did in 1861 (see Article III)? • Describe the Religious Liberty right in Article III, Sec 18. • Is registration required to vote in the state of MS? Where do you find that in the constitution?