c hapter 19: l earning o bjectives understand how colonial governments and u.s. historical events...

CHAPTER 19: LEARNING CHAPTER 19: LEARNING OBJECTIVESOBJECTIVES

Understand how colonial governments and U.S. historical events helped shape the role of state and local governments

Evaluate the role of the states as “laboratories for democracy”

Explain the function and forms of state constitutions and local government charters

Copyright © 2012 Cengage Learning


Compare and contrast the role that governors, state legislatures, and courts play in state government administration

Describe the various forms of local government that exist across the numerous municipalities in the U.S.

Assess how different states administer elections



Discern the key functions of state party organizations in the state electoral process and assess the contemporary problems and characteristics of gubernatorial, legislative, and state judicial elections



Compare and contrast the initiative, referendum, and recall mechanisms and assess how they contribute to democratic governance in the states


STATE “LABORATORIES OF STATE “LABORATORIES OF DEMOCRACY” THAT POINT THE DEMOCRACY” THAT POINT THE

WAY: NOW & THENWAY: NOW & THENStates first created innovative programs

extending benefits to needy state citizens

Became the models for the federal government to enact its national program

States performed as “laboratories of democracy” for the nation as a whole



JOE RAEDLE/GETTY IMAGES

NOW… UNIVERSAL HEALTH CARENOW… UNIVERSAL HEALTH CARE

President Obama and Democratic leaders have been advocating national “universal coverage”

Some state legislatures have expanded health care coverage but

Like the federal government, they have failed to enact universal coverage



BETTMANN/CORBIS

THEN… SOCIAL SECURITYTHEN… SOCIAL SECURITY

30 states passed some form of elderly assistance legislation between 1930 and 1935

President Franklin Roosevelt was able to utilize ideas from successful state programs when he proposed national Social Security legislation in 1935


HISTORICAL DEVELOPMENT OF STATE HISTORICAL DEVELOPMENT OF STATE AND LOCAL GOVERNMENTSAND LOCAL GOVERNMENTS

Colonial governments existed over a century before the U.S. Constitution

The thirteen colonies became the first thirteen states, each with an existing system of government

Each state was accustomed to acting independently



After the Revolutionary War, state governments labored to maintain their authority as the new federal government took shape

A critical problem with the Articles of Confederation, the first U.S. government, was that states retained too much authority



The Framers of the U.S. Constitution granted greater authority to the federal government, but

Were careful to retain authority for the states as well



Power to admit new states: Art. IV, §3 of the U.S. Constitution

Governing legislature petitions CongressA state constitution is draftedCongress enacts a bill allowing

statehood, and the president must sign it


AMERICAN GOVERNMENT … IN AMERICAN GOVERNMENT … IN GLOBAL PERSPECTIVEGLOBAL PERSPECTIVE

THE JAPANESE PRESS REACTS TO A NEW YORK CITY MAYOR’S BOLD EXERCISE OF POWER

A Japan Times article about Bloomberg Compared his use of personal wealth to

finance his New York mayoral campaign to his corrupt predecessors


AMERICAN GOVERNMENT … IN AMERICAN GOVERNMENT … IN GLOBAL PERSPECTIVEGLOBAL PERSPECTIVE

Noted that Bloomberg isn’t “beholden” to contributors, thus

He’s able to make decisions “based solely on what is good policy,” however

Also noted that, “It bothers people to have someone so rich” tell them to make sacrifices


Table 19.1 States Names and Native American Words


STATE CONSTITUTIONSSTATE CONSTITUTIONSThe fundamental law governing the

structure and activities of state and local government

Who has power, how power is shared, how policy is made, the rights citizens have, and how elections are conducted

Cannot conflict with the U.S. Constitution or federal laws and treaties


STATE CONSTITUTIONSSTATE CONSTITUTIONSCommonly include

1. A bill of rights: individual liberties on which the government may not encroach

2. Identification of state government powers including: authority over cities and towns

3. Voting rules and election requirements


STATE CONSTITUTIONSSTATE CONSTITUTIONS4. Structure and powers of the legislature

5. Structure and powers of the governor

6. Structure and powers of the courts

7. State budgeting and financing

8. Empowerment and rules authorizing operation of local governments


STATE CONSTITUTIONSSTATE CONSTITUTIONS9. Provisions for employment in state

government

10. Structure and responsibility for public education

11. Rules for conducting business with other states

12. Process for amending the state constitution


AMERICAN GOVERNMENT … IN AMERICAN GOVERNMENT … IN HISTORICAL PERSPECTIVEHISTORICAL PERSPECTIVE

FAILURES IN THE LABORATORIES OF DEMOCRACY

1. Gaining state admission on the basis of its policy on slavery

2. Prohibition—the “noble experiment”

3. California’s long-term contracts with out-of-state energy suppliers


LOCAL GOVERNMENT CHARTERSLOCAL GOVERNMENT CHARTERS

There are over 87,500 local governments in the U.S. including:

Cities, towns, counties, school systems, and special districts

Charter: a state law granting a local government authority to provide public services, enact and enforce regulations, and raise revenue


DILLON’S RULEDILLON’S RULE1868 ruling by Iowa Supreme Court

Judge John Forrest Dillon:“…[M]unicipal corporations owe their

origins to and derive their power and rights wholly from the legislature …”

Gives state governments clear authority over local governments, i.e.,

What local services they must provideCopyright © 2012 Cengage Learning

AP PHOTO/MATT ROURKE


MULTIPURPOSE LOCAL MULTIPURPOSE LOCAL GOVERNMENTSGOVERNMENTS

Chartered by a state to manage and regulate local public services

About 40,000 in the U.S.– vary in size and population

3 Basic Categories: Counties Cities Townships


COUNTIESCOUNTIES

Called parishes in Louisiana, boroughs in Alaska

Record basic administrative data on the population

Birth and death records, voter registration records, land ownership, etc.

Administer elections and the local court system


CITIES AKA MUNICIPALITIESCITIES AKA MUNICIPALITIES

Chartered by a state to serve the needs of a more densely populated area

Policy issues include: maintaining and making the business district attractive to businesses and visitors; and dealing with housing issues for residents

Smaller cities are typically referred to as villages or towns


TOWNSHIPSTOWNSHIPS

The unit for which a local government is chartered in rural areas of the states

In addition, geographic outgrowths of cities are often referred to as towns or townships

In many states, however, the county government provides these services


Citizens attend a town meeting in the small town of Cairo, Illinois.AP PHOTO/THE SOUTHERN ILLINOISIAN, CHUCK NOVARA


SPECIAL DISTRICTSSPECIAL DISTRICTS

Provide specialized services rather than a full array of local services , i.e.,

School districts and water districtsApproximately 50,000 special districts

across the fifty states About one-third are school districts


WHO GOVERNS THE STATES?WHO GOVERNS THE STATES?

All states divide political power among three branches of government: 1. Executive: a governor who administers the

law

2. Legislative: elected legislators authorized to pass laws

3. Judicial: interprets laws and settles disputes


THE GOVERNORTHE GOVERNOR

Chief executive officer with a variety of important roles including

Ceremonial leader, and head of the state political party

Chief executive and manager of state government

Author of the state budget


CHECK THE LISTCHECK THE LIST

Most states rely on income and sales taxes for revenue

Job losses and declines in domestic spending in the 2007–09 recession took a large toll on the fiscal health of many states

Pew Center: Ten states in greatest fiscal distress =


CHECK THE LISTCHECK THE LIST

1. Arizona

2. California

3. Florida

4. Illinois

5. Michigan

6. Nevada

7. New Jersey

8. Oregon

9. Rhode Island

10. Wisconsin


Source: www.pewcenteronthestates.org — see where your state stacks up

THE STATE LEGISLATURESTHE STATE LEGISLATURES

Lawmaking authority of a stateBicameral [senate and a state house] in

all states except Nebraska (unicameral)Governor may veto a bill, but The legislature may override the veto

with a supermajority vote (usually 2/3rds)


THE STATE LEGISLATURESTHE STATE LEGISLATURES

7,382 elected members nationwide1970–99 women legislators increased

from 4 to 22%African American legislators increased

from 2 to 8%Increasingly more professionalized and

more of a full-time job


STATE COURTSSTATE COURTS

Nearly 35 million cases per year = over 95% of the nation’s litigation 1/3rd of the cases are criminal matters

All states have trial courts39 have intermediate appellate courts48 have one high (supreme) court

Texas and Oklahoma have two separate supreme courts for criminal and civil cases


WHO GOVERNS THE LOCALITIES?WHO GOVERNS THE LOCALITIES?

Vary widely in how they are structured and usually take one of four forms:1. The Mayor-Council Form

2. The Council-Manager Form

3. The Commission Form

4. The Town Meeting


AMERICAN GOVERNMENT … IN AMERICAN GOVERNMENT … IN POPULAR PERSPECTIVEPOPULAR PERSPECTIVE

THE NEW ENGLAND TOWN MEETING … STILL GOING STRONG 300 YEARS LATER

Advantages/disadvantages of the town meeting system?

If only a small percentage of voters participate, is the system less legitimate?

Would you favor town meetings in larger communities? Why or why not?


STATE ELECTIONSSTATE ELECTIONS

States are responsible for administering elections = fifty different systems

Cannot discriminate against women, eighteen-year-olds, or racial and ethnic minorities, and

Cannot charge a fee as a voting requirement, or require a literacy test


STATE ELECTIONSSTATE ELECTIONSVoter Registration: Most states require

this 14 to 30 days before Election Day Nine states allow Election Day registration N. Dakota has no registration requirements Some states require registration with a

particular political party

Some states require primary elections to select party candidates; others allow conventions or caucuses



Left: An example of the “Indiana Ballot,” with the name of the political parties heading the columns across the ballot. Right: An example of a “Massachusetts Ballot,” which organizes the candidates on the basis of the office they are running for, with a party label associated with each candidate

AP PHOTO/STUART RAMSON

SUSAN VAN ETTEN / PHOTOEDIT

STATE ELECTIONSSTATE ELECTIONSSome states are dominated by one party The only meaningful competition is in

the primary election or caucus determining the party’s nominee

States also differ regarding campaign finance rules and regulations

Govern money raising and spending in state elections


Figure 19.1 Party Control of State Legislatures


STATE PARTY ORGANIZATIONSSTATE PARTY ORGANIZATIONS

All states have a Democratic Party and Republican Party organization

Tend to dominate campaigns and elections

Other party organizations may be found, i.e., the Green Party, the Socialist Party, or the Libertarian Party, but victories are rare


STATE PARTY ORGANIZATIONSSTATE PARTY ORGANIZATIONS Important roles of parties include:

1. Fundraising for election campaigns

2. Campaign support services to candidates

3. Recruiting candidates and influencing the party nominating process

4. Providing a framework for voters to help make a vote choice


GUBERNATORIAL ELECTIONSGUBERNATORIAL ELECTIONSGenerally feature significant party

competition, higher campaign budgets, and ample media attention

2010: 26 were Democrats and 24 were Republicans

Many states impose term limits on the governorship


STATE LEGISLATIVE ELECTIONSSTATE LEGISLATIVE ELECTIONS

Significant differences in state legislative campaigns depending on size

Less populous districts: door-to-door canvassing, lawn signs, bumper stickers, campaign buttons

Larger constituencies: more professionalized, well-funded, and characterized by television advertising



Influenced by political party competition2009: Democrats held 55% of all state

legislative seats; Republicans held 44% However, one particular party tends to

dominate many of these seats, i.e.,In 35% of the elections only one political

party ran a candidate



The return rate of incumbent legislators exceeds 90% Similar to incumbent U.S. House members

Indicates that support for one’s own state legislator (and Congress member)

Remains high despite general dissatisfaction with state legislatures and Congress


YOUR PERSPECTIVE… ON YOUR PERSPECTIVE… ON AMERICAN GOVERNMENTAMERICAN GOVERNMENT

YES, VIRGINIA, … YOU TOO CAN RUN FOR POLITICAL OFFICE

2000: Derrick Seaver (18) won a seat in Ohio's State House of Representatives

2001: Jeffrey Dunkel (18) was elected mayor of Mount Carbon, Penn.


YOUR PERSPECTIVE… ON YOUR PERSPECTIVE… ON AMERICAN GOVERNMENTAMERICAN GOVERNMENT

2005: Michael Sessions (18) was elected mayor of Hillsdale, Michigan

2005: Torrington, Conn. elected Ryan Bingham (22) as mayor

2006: Mark Harris (21) defeated a five-term State House incumbent in the Pennsylvania Republican primary


STATE JUDICIAL ELECTIONSSTATE JUDICIAL ELECTIONS

Over 86% of state judges are elected, and 38 states elect members of their highest court

Elections are partisan in 17 statesCandidates cannot comment on how

they might rule on a case due to Judicial Conduct Rules


STATE JUDICIAL ELECTIONSSTATE JUDICIAL ELECTIONS

Missouri Plan aka Merit Plan:A committee of lawyers, judges, and

laypeople selects a slate of judicial candidates (usually three) the governor chooses one of the three

After a set period of time, the judge must face a nonpartisan retention election with no opponent



JEFFREY SAUGER/BLOOMBERG VIA GETTY IMAGES

REFERENDUM, INITIATIVE, AND REFERENDUM, INITIATIVE, AND RECALLRECALL

Referenda: votes by citizens which overturn state or local legislation

Initiative: newly drafted legislation submitted directly to a popular vote

Utilized in 24 states (mostly in the West) and countless local governments

18 states permit recall elections to oust statewide officers


REFERENDUM, INITIATIVE, AND REFERENDUM, INITIATIVE, AND RECALLRECALL

Procedures vary, but usually 3 steps –

1. Citizens petition to put a measure on the ballot for voter approval

2. Once a required number of registered voter’s signatures is gathered, it is put on the ballot

3. Upon a favorable majority vote, the initiative or referendum becomes law



AP PHOTO/DANNY JOHNSTON

NOW & THEN: MAKING THE NOW & THEN: MAKING THE CONNECTIONCONNECTION

Variety found in the 50 state political systems produces some tremendous benefits

States and localities experiment with new policies, laws, and ways of thinking

Fertile ground for America’s larger experiment with democracy to flourish


POLITICS INTERACTIVE! POLITICS INTERACTIVE! STATE OF STATE OF THE STATESTHE STATES

Governors present an annual “state of the state” address to their legislatures

Visit NGA’s “state of the states” Web page: http://www.nga.org

Where does your state stack up against the rest in terms of its fiscal situation?


POLITICS INTERACTIVE! POLITICS INTERACTIVE! STATE OF STATE OF THE STATESTHE STATES

What are the common problems that governors identify as placing fiscal stress on the states?

What does the governor of your state say about issues other than budget deficits that confront your state?


c hapter 19: l earning o bjectives understand how colonial governments and u.s. historical events...

Documents

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role of state

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learning objectivescompare

learning objectivesdiscern

learning objectivesunderstand

forms of state constitutions