State and Local Government: Powers, Structure, and Democracy

1. Chapter 18 State & Local Government

2. State Constitutions • 10th 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

3. 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.

4. 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

5. 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)

6. 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

7. 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) Local Government Units (cont.)

8. 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.

9. 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.

10. Machine Politics • In the 19th and early 20th 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.