Federalism Part II State and Local Government

Federalism Part II: State and Local Government

For many decades state and local government was controlled by part time politicians • Until the 1960’s most state governments were dominated by rural/countryside interests.

This changes with the court case of Baker v. Carr in 1962

• The Supreme Court forced the states to redistrict and become more representative of the states’ population. • The Court applied the Fourteenth Amendment's Equal Protection Clause to voters. • The ruling of “one man, one vote” required that legislatures redistrict so that all districts have an equal number of constituents.

After this ruling, politicians from urban areas gained more influence in state government • Thus, more professional, full time politicians began to compete for state offices.

With Devolution Federalism: • the clear message is that state and local governments are increasingly important. • Governors have become important national actors. • State legislators, county officials, city managers, and other officials now travel the globe promoting the interests of their constituents.

Local Politics • Local politics, are often more personal, nonpartisan, and issue-oriented than national politics.

• Counties: subdivisions of every state except Connecticut and Rhode Island. • Towns: government in which everyone is invited to an annual meeting for elections, budget discussions, etc. • Municipalities: villages, towns, and cities • Special Districts: school districts, etc.

Local Governments • Formed by a charter—a document that specifies basic procedures, politics, and institutions of any local municipality. Similar to a constitution.

Types of Charters for Local Governments • Special Charters • General Charters • Classified Charters • Home Rule Charters

Executives and Legislatures Local governments have: • Elected executive: mayor, village president. • Elected council or commission: city council, school board, county board. • Appointed manager: city manager, school superintendent.

State Governments • The primary responsibilities of state governments are: • • • education public health transportation economic development criminal justice the licensing and regulation of professions (teachers, social workers, doctors, lawyers, barbers/stylists, architects, etc. )

With Devolution Federalism • States have also become more active in welfare and environmental issues both on their own and as administrators of national programs.

State Constitutions • State constitutions generally limit the powers of the state governments. • In the South this reflects the experience of the Civil War and Reconstruction.

State Constitutions • Newer, Western states also chose weak governments. • Many Western states allow voters to enact legislation through initiatives and recall elections to remove officials from office.

• However, the trend since the 1960’s has been to strengthen state governments so that they can more effectively deal with important issues. • Terms of governors have been lengthened, and they have been given additional authority over spending. • Legislatures have become full-time with more adequate pay, and courts were strengthened.

Governors • Governors are the chief executive officers of the states. They have both ceremonial and policymaking roles. • In most states, governors: • • propose the budget have veto authority have appointment powers have power to pardon someone who has been convicted of a crime • can commute sentences, grant parole, and extradite individuals

State Legislatures • All states except Nebraska have bicameral legislatures. • By 1999, twenty states limited the number of terms a legislator could serve. The limits range from six to twelve years. • State legislatures are still primarily parttime bodies. There is abundant turnover-over 25% of seats each election.

State Courts • The primary function of courts is to settle disputes. • Criminal behavior, family law, contracts, and land use are all issues for state law and state courts. • The most important difference between states is over how judges are selected.

Direct Democracy • Direct initiative: The process in which voters can place a proposal on a ballot and enact it into law without involving the legislature or the governor. • Indirect initiative: The process in which the legislature places a proposal on a ballot and allows voters to enact it into law without involving the legislature or the governor.

Finances • Unlike the national government, states and localities must balance their budgets. • States receive as much as 25% of their funds from Washington, D. C. • Local governments get as much as 15% of their money from the federal government.

• Different governments depend on different taxes and fees for revenue. • States rely primarily on income and sales taxes. • Local governments tend to rely on property taxes and some sales tax income. • Both local and state governments levy users fees for parks, hunting licenses, tuition, and so on.