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State & Local Government

State & Local Government. Problems with state constitutions ….unnecessary details, burdensome restrictions, repetition, outdated…. length – most are between 15,000 & 40,000 words – Alabama – 340,000 words!! -- distrust of gov’t – details to prevent misuse of power

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State & Local Government

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  1. State & Local Government

  2. Problems with state constitutions….unnecessary details, burdensome restrictions, repetition, outdated….. • length – most are between 15,000 & 40,000 words – Alabama – 340,000 words!! -- distrust of gov’t – details to prevent misuse of power -- failure to separate fundamental law from statutory law NY – 56,326 words

  3. …..what’s the difference? • Fundamental law – laws of basic and lasting importance ……stuff that shouldn’t change much • Statutory law – passed by legislature ….. day to day stuffffff

  4. age - 33 states have const. more than 100 years old; 19 still have the const. they entered the union with NY – has had 5 constitutions: 1777, 1821, 1846, 1894, & the current one adopted in 1938

  5. State Legislatures • Aka: general assembly, legislative assembly, general court • Law-making body • All bicameral except Nebraska - upper house = Senate - lower house = House of Representatives, Assembly, General Assembly, House of Delegates ** NY – Senate - 62 members & Assembly - 150 members

  6. How are state legislaltors elected? • Legislator – person who serves on the legislature • Elected by the people from districts within the state NY state senate districts NY state assembly districts

  7. How are districts drawn?? • Districts are drawn by legislators - redrawn every 10 years – census • Are supposed to be drawn on basis of population equality “Legislators represent people, not trees or acres”

  8. What is “gerrymandering”? • The deliberate rearrangement of the boundaries of congressional districts to influence election outcomes Elbridge Gerry – 1812 – Massachusetts governor

  9. What is the purpose of gerrymandering? • to either concentrate opposition votes into a few districts to gain more seats for the majority in surrounding districts -- “ packing” • or to diffuse minority strength across many districts --”dilution”

  10. Isn’t that illegal??? Kinda sortof, but, not exactly….. Groups are watching http://www.fairvote.org

  11. What formal qualifications do most states set out for legislators? • Age, citizenship, residency - in most states – reps at least 21, senate at least 25 - NY – assembly & senate - 18 - resident of NY for 5 years & of district 12 months prior to election

  12. What is the usual term? • 2 or 4 years - in most states senate serves longer than lower house - NY – both houses serve 2 year terms Do they make a lot of money???

  13. Hmmmmm….let’s see….. • Legislative salaries per state

  14. What are eight of the most important legislative powers of state legislatures? • tax, spend, borrow, police, establish courts, define crimes and provide for their punishment, regulate commercial activities, maintain public schools

  15. What are three non-legislative functions of state legislatures? • executive – approve governors appointments • judicial – impeachment • constituent – constitution-making and amending

  16. How does the committee system work? • laws are referred to committees for recommendations to full houses - similar to Congress From where do a large number of bills originate? • variety of public and private sources ex- officers & agencies of state & local govt - interest groups, private citizens

  17. Direct Democracy at the state level • Initiative, referendum, recall • Allow citizens to become directly involved in their government by drafting and voting on laws or by removing elected officials

  18. Initiative • Allows citizens to propose laws & amendments and place them on the ballot for a vote • Most commonly used form of direct democracy

  19. Referendum • Provides for a popular vote on laws passed by the legislature Recall • Allows citizens to remove elected officials from office

  20. What is the structure and functions of county government? County – major unit of local gov’t in most states Structure: • County board – governing body • Boards or commissions • Appointed officials • Elected officials

  21. Functions: • Administration of state & county laws • Maintaining roads, jails, schools, collecting taxes to fund services Hmmmm…let’s see….. Towns, etc in Orange County

  22. What does a town government do?? • Delivers services provide by county & city govts in other areas • Usually includes rural and urban areas • Governed by an elected board

  23. What is a special district? • Performs govt functions at the local level • Run by an elected board • Ex: school district, fire district

  24. How does a place become a “city”? • Can be established as a city by the state through the process of incorporation • Need certain # population • Needs a charter – city’s basic law or constitution

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