state and local government. theme a -the political evolution of state government state constitutions...

STATE AND LOCAL GOVERNMENT

THEME A -The Political Evolution of State Government

State constitutions in the post-revolutionary War era contained provisions for a relatively weak governor but a strong state legislature, which in many cases appointed the governor.

1). The Jacksonian Era

Multiplying the number of elected officials and keeping them as weak as possible.

(2). The Progressive Response

Desire to purify politics and make government more efficient by attaching the sources of partisan influence.

The modern progressive school has had most success at the state level, whereas the Jacksonian conceptual framework, better adapted to providing representation for minorities, has achieved effectiveness in local government

THEME B

The Legal Context of State and Local Government

The Tenth Amendment which reserves powers to the states, has had limited contemporary significance, since the Supreme Court generally refuses to restrict the exercise of federal power. However, the states do possess powers which are not prohibited by the Constitution. The state police powers that is powers which promote health, safety, and morals are especially significant.

1. Local Government exist only at pleasure of the states - Dillion's Rule vs Home Rule

Cities and other divisions are municipal corporations charted by the state via a special act or general act charter.

Dillion's rule provides that a charter's application be interpreted very narrowly. Home-run permits a broad interpretation. Under Dillon's rule the city can do only what the charter says it can do. Under home rule the city can do anything not restrict by the charter.

2. Progressive reform is evidenced by state practices of initiative, referendum and recall.

THEME C

State and Local Government Structures

State Governors1. Serve one or two four year terms2. Run for office separately from the lieutenant governor in most states - Nebraska uses the team concept.3. Have line item veto in 43 states

State Legislatures

1. Reynolds v Sims (1964) - one person, one vote called for massive reapportionment

2. Have wide variation in salaries $99,000 a year in California to $200 per biennium in New Hampshire. $12,000 in Nebraska

State Courts

1. Two kinds of trial courts - minor or municipal and trial courts. At the top is the state supreme court which can declare state and federal laws unconstitutional.

2. Five methods of picking judges - partisan elections, nonpartisan elections, appointment by governor, appointment by state legislature, and the Missouri Plan (appointment and then stand for election approval)

Local Government

The Mayor - Council PlanCouncil - Manager PlanCommission PlanMetropolitan Plan

THEME D - POLITICS AND POLICIES.

Progressive structures usually employ experts who are sensitive to national opinion and tend to be trend setters. Jacksonian structures magnify the political power of elected official who are more aware of local opinion.

SELF TEST

1. In many American cities legislative and executive powers are fused instead of separated.

TrueFalse

1. In many American cities legislative and executive powers are fused instead of separated.

True (Correct Answer)False

2. The Tenth Amendment was designed as and serves as a protection of exclusive state governmental powers.

True False

2. The Tenth Amendment was designed as and serves as a protection of exclusive state governmental powers.

True False (Correct Answer)

3. The oldest state constitution, that of Massachusetts, predates the U.S. Constitution.

TrueFalse

3. The oldest state constitution, that of Massachusetts, predates the U.S. Constitution.

True (Correct Answer)False

4. State legislatures are essentially imitations of the U.S. Congress.

TrueFalse

4. State legislatures are essentially imitations of the U.S. Congress.

TrueFalse (Correct Answer)

5. The problem of crime control has always been high on the federal agenda.

TrueFalse

5. The problem of crime control has always been high on the federal agenda.

TrueFalse (Correct Answer)

6. Principles espoused by the Antifederalists but adopted in many states included all of the following except

Numerous elected officials.Indirect election of governors.Short terms of office.Weak executives.

6. Principles espoused by the Antifederalists but adopted in many states included all of the following except

Numerous elected officials.Indirect election of governors. (Correct Answer)Short terms of office.Weak executives.

7. State constitutions resemble the federal one in:

Setting forth governmental offices and powersIncluding specific legislative decisions.Including a bill of rights.Requiring amendments to be adopted by a two-thirds majority

7. State constitutions resemble the federal one in:

Setting forth governmental offices and powers (Correct Answer)Including specific legislative decisions.Including a bill of rights.Requiring amendments to be adopted by a two-thirds majority

8. Which of the following statements about the powers of governors to appoint other executive officers is true?

They are extensive.They are restricted.They are parallel to those of the president.They vary widely from state to state.

8. Which of the following statements about the powers of governors to appoint other executive officers is true?

They are extensive.They are restricted.They are parallel to those of the president.They vary widely from state to state. (Correct Answer)