State and Local Government

1. State and Local Government By Latricia Pinto and Anfernee Wood

2. Roots of State and Local Governments • The initial intent of the Founders was to limit the scope of the state and local governments. • That changed with the increased complexity of our society and economy and with the ruling of U.S Supreme Court that legislative districts within a state must each have the same number of people. • The trend since 1960s has been for more representatives and more professional state and local governments.

3. State Governments • Have traditionally had primary responsibility for criminal justice, education, public health, and economic development. • Recently, state officials have assumed a larger role in welfare and environmental policy.

4. State Constitutions • Which reflect major historical developments in American society, provide the basic framework of institutions and values in which state governments fulfill their roles. • Since the 1960s, these governments have dramatically become more competent, professional, and accessible to the general public.

5. Governors Susana Martinez • Have always been the most visible elected officials in state governments. • Most important role is in identifying the most pressing problems facing their respective states and proposing solutions to those problems. • Since the 1960s to strengthen the effectiveness of state governments, governors were, like presidents, given the major responsibility for starting the budget process. • Like presidents, governors have package or general veto authority, which is the power to reject a bill in entirety. • The executive responsibilities of governors provide opportunity to affect public policies after laws have been passed. • Have the discretion to extradite individuals.

6. State Legislatures • The principles of representative democracy are embodied primarily in the legislature. • Although it has been common to have limits on how many terms someone may serve as governor, term limits for legislatures did not gain widespread support until the 1980s and 1990s. • Are still primarily part-time, citizen bodies.

7. State Courts • Few of us will ever be in federal court; almost all of us will be in state court( except people who live in Washington D.C, where all courts are federal courts.) • Criminal behavior is defined by state legislatures. • A common misunderstanding is that the courts in the United States are all part of single system, with the U.S Supreme Court at the head. • Through a rule known as inclusion, state courts are obligated to enforce the federal law.

8. Elections and Political Parties • Are the vehicle for determining who will fill major state governments positions and who will direct the institutions of state government. • Elections since the 1960s have led increasingly to ethnic and racial and gender diversity among state and local officials.

9. Direct Democracy • Progressive reform meant to weaken parties and protect against the development of political machines was to provide opportunities for voters to legislate directly and not have to go through state legislatures and governors. • A disadvantage of the direct initiative is the possibility that a law may be passed solely because of public opinion shaped largely by thirty-second television commercials and simplistic slogans.

10. Local Governments • The institutions and politics of local governance are even more individualized than those of state governments. • Responsibilities include public health and safety in their communities, education of children in their area, job and economic vitality, zoning land for particular uses, and assistance to those in need.

11. Charters • A document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality.

12. 1. Special Charters-Historically, as urban areas emerged, each one developed and sought approval for its own charter. • 2.General Charters- used for jurisdictions, regardless of size or circumstance. • 3.Classified Charters-Classifies cities according to population and then has a standard charter for each classification • 4.Optional Charters-a more recent development is for the state to provide several acceptable charters and then let voters in a community choose from these. • 5.Home-rule Charters- allow communities to draft and amend their own charters.

13. Types of Local Governments • Counties • Towns • Municipalities • Special Districts

14. Executives and Legislatures • Except for the traditional New England town meeting, where anyone who attends may vote on policy and management issues, local governments have some or all of the following: • Elected executive, such as a mayor, village president, or county executive. • Elected council or commission, such as a city council, school board, or county board. • Appointed manager, such as a city manager or school superintendent.

15. Grassroots Power and Politics • There are formal and informal ways of participating in state and community governance. • Some states , a allow voters to place proposals on the ballot and make law directly, without a governor or legislature. • Sometimes power is in the hands of a family, a major business, a small number of individuals or the local media.

16. Relations with Indian Nations • Due to treaty rights and domestic dependent sovereignty of the tribes, the Indian nations have a special relationship with the federal government. • Tribes have important protections from potential vagaries of state and local governments. • Federal government is encouraging tribal governments to move to self-determination economically and politically and to enter into agreements with state and local governments on financial and policy matters.

17. Timeline : Relations with American Indian Nations • 1830- Indian Removal Bill passed- Establishing U.S policy of forcing all American Indians to locate west of the Mississippi river. • 1831-Cherokee Nation v. Georgia- U.S Supreme Court rules tribes are domestic dependent nations, not foreign states. • 1887-Dawes Allotment Act passed- Providing for dividing Indian reservation land and giving it to individuals. • 1934-Indian Reorganization Act passed- Ended allotment and providing for tribal self-governance.

18. 1953-Public Law 280 passed- Allowing states of California, Nebraska, Minnesota, Oregon, and Wisconsin to have civil and criminal jurisdiction over reservations. • 1954-Termination Act passed- Ended federal recognition of treaty and other rights of several Indian nations. • 1968- American Indian Movement formed(AIM)- Protested U.S government treatment of Indian people and nations • 1973-Repeal of Termination Act- This marks the establishment of policy to encourage self-governance by Indian nations.

19. 1988-Indian Gaming Regulatory Act passed- Provided American Indians the right to have bingo and casino operations in states that allow those types of games. • 1995-Seminole Tribe of Florida v. Florida- U.S Supreme Court rules under the Eleventh Amendment, states have immunity from being sued by tribes for not negotiating gaming agreements in good faith. • 1996-Federal government cedes some control- Federal government delegates authority for administering welfare and some environmental programs to Indian nations. • 2007- Federal government attempts to settle a multibillion- dollar suit- Cities the department of the Interior with mismanagement of Indian lands and funds.

20. Toward Reform: State and Local Finances • Funding government is complex. • Revenues are hard to project because governments tax personal and business incomes, sales, and property value-making governments highly dependent on the health of the economy. • State, local, and tribal governments also rely on money given to them by other jurisdictions, including the federal government. • During recessions and other economic hard times, budget reformers must balance the need for less spending and for more revenue against the political unpopularity of taxes and the pressure for helping communities and individuals in distress.