State & Local State & Local GovernmentGovernment

Problems with state Problems with state constitutionsconstitutions

….unnecessary details, burdensome ….unnecessary details, burdensome restrictions, repetition, outdated…..restrictions, repetition, outdated…..

length length – most are between 15,000 & – most are between 15,000 & 40,000 words – Alabama – 340,000 40,000 words – Alabama – 340,000 words!!words!!

-- distrust of gov’t – details to prevent -- distrust of gov’t – details to prevent misuse of powermisuse of power

-- failure to separate -- failure to separate fundamental fundamental law law from from statutory statutory lawlaw

NY – 56,326 wordsNY – 56,326 words

…..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

age age - 33 states have const. more than - 33 states have const. more than 100 years old; 19 still have the const. 100 years old; 19 still have the const. they entered the union withthey entered the union with

NY – has had 5 constitutions:NY – has had 5 constitutions:

1777, 1821, 1846, 1894, & the 1777, 1821, 1846, 1894, & the current current one adopted in 1938one adopted in 1938

State LegislaturesState Legislatures

Aka: general assembly, legislative Aka: general assembly, legislative assembly, general courtassembly, general courtLaw-making bodyLaw-making bodyAll bicameral except NebraskaAll bicameral except Nebraska

- upper house = Senate- upper house = Senate- lower house = House of - lower house = House of

Representatives, Representatives, Assembly, General Assembly, General Assembly, House Assembly, House of Delegatesof Delegates

** NY – Senate - 62 members** NY – Senate - 62 members & Assembly - 150 members& Assembly - 150 members

How are state legislaltors elected?How are state legislaltors elected?

LegislatLegislator or – person who serves on the – person who serves on the legislatlegislatureure

Elected by the people from districts Elected by the people from districts within within the statethe state

NY state senate districts NY state assembly districts

How are districts drawn??How are districts drawn??

Districts are drawn by legislators Districts are drawn by legislators

- redrawn every 10 years – census- redrawn every 10 years – census

Are supposed to be drawn on basis of Are supposed to be drawn on basis of population equalitypopulation equality

““Legislators represent people, not trees Legislators represent people, not trees or or acres”acres”

What is “gerrymandering”?What is “gerrymandering”?

The deliberate rearrangement of the The deliberate rearrangement of the boundaries of congressional districts to boundaries of congressional districts to influence election outcomesinfluence election outcomes

Elbridge Gerry – 1812 – Elbridge Gerry – 1812 – Massachusetts Massachusetts governorgovernor

What is the purpose of What is the purpose of gerrymandering?gerrymandering?

to either concentrate opposition votes to either concentrate opposition votes into a few districts to gain more seats into a few districts to gain more seats for the majority in surrounding districts for the majority in surrounding districts

-- “ packing”-- “ packing”

or to diffuse minority strength across or to diffuse minority strength across many districts --”dilution”many districts --”dilution”

Isn’t that illegal???Isn’t that illegal???

Kinda sortof, but, not exactly…..

Groups are watching http://www.fairvote.org

What formal qualifications do most What formal qualifications do most states set out for legislators?states set out for legislators?

Age, citizenship, residencyAge, citizenship, residency

- in most states – reps at least 21, - in most states – reps at least 21, senate at least 25senate at least 25

- NY – assembly & senate - 18- NY – assembly & senate - 18

- resident of NY for 5 years & of - resident of NY for 5 years & of district 12 months prior to district 12 months prior to

electionelection

What is the usual term?What is the usual term?

2 or 4 years2 or 4 years

- in most states senate serves - in most states senate serves longer longer than lower housethan lower house

- NY – both houses serve 2 year - NY – both houses serve 2 year termsterms

Do they make a lot of money???

Hmmmmm….let’s see…..Hmmmmm….let’s see…..

Legislative salaries per state

What are eight of the most important What are eight of the most important legislative powers of state legislative powers of state

legislatures?legislatures?tax, spend, borrow, police, establish tax, spend, borrow, police, establish courts, define crimes and provide for courts, define crimes and provide for their punishment, regulate commercial their punishment, regulate commercial activities, maintain public schoolsactivities, maintain public schools

What are three non-legislative What are three non-legislative functions of state legislatures?functions of state legislatures?

executive – approve governors executive – approve governors appointmentsappointments

judicial – impeachmentjudicial – impeachment

constituent – constitution-making and constituent – constitution-making and amendingamending

How does the committee system work?How does the committee system work?

laws are referred to committees for laws are referred to committees for recommendations to full houses recommendations to full houses

- similar to Congress- similar to Congress

From where do a large number of bills From where do a large number of bills originate?originate?

variety of public and private sourcesvariety of public and private sources

ex- officers & agencies of state & local ex- officers & agencies of state & local govtgovt

- interest groups, private citizens- interest groups, private citizens

Direct DemocracyDirect Democracy at the state at the state levellevel

Initiative, referendum, recallInitiative, referendum, recall

Allow citizens to become directly Allow citizens to become directly involved in their government by involved in their government by drafting and voting on laws or by drafting and voting on laws or by removing elected officialsremoving elected officials

InitiativeInitiative

Allows citizens to propose laws & Allows citizens to propose laws & amendments and place them on the amendments and place them on the ballot for a voteballot for a vote

Most commonly used Most commonly used

form of directform of direct

democracy democracy

ReferendumReferendum

Provides for a popular vote on laws Provides for a popular vote on laws passed by the legislaturepassed by the legislature

RecallRecall

Allows citizens to remove elected Allows citizens to remove elected officials from officeofficials from office

What is the structure and What is the structure and functions of county government?functions of county government?

County – major unit of local gov’t in most County – major unit of local gov’t in most statesstates

Structure:Structure: County board – governing bodyCounty board – governing body Boards or commissionsBoards or commissions Appointed officialsAppointed officials Elected officialsElected officials

Functions:Functions: Administration of state & county lawsAdministration of state & county laws

Maintaining roads, jails, schools, Maintaining roads, jails, schools, collecting taxes to fund servicescollecting taxes to fund services

Hmmmm…let’s see…..

Towns, etc in Orange County

What does a town government What does a town government do??do??

Delivers services provide by county & Delivers services provide by county & city govts in other areascity govts in other areas

Usually includes rural and urban areasUsually includes rural and urban areas Governed by an elected boardGoverned by an elected board

What is a special What is a special district?district?

Performs govt functions at the local Performs govt functions at the local levellevel

Run by an elected boardRun by an elected board Ex: school district, fire districtEx: school district, fire district

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