Chapter 4 simulation- details will be passed out to groups on class day
illustrate, prepare, and deliver -
group one- school board
-has both legislative and executive authority
-makes policies regarding instruction and facilities
-do the hiring and contracting to implement those policies
-few expectations, part time officials, superintendents
-the legislative and executive authority, responsibility remains with the school board
-school districts usually follow the council-manager model and tyhis is where the board hires a manager to supervise services like water, sewage, or mass transit
-the school board also has special districts that are governed by a variety of different structures
group two- local government
Dillon’s rule- “The view that municipal corporations own their origins to and deliver their power and rights wholly from the (state) legislative. It breathes into them the breath without which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control.” - Applies to all types of local gov. - Charter- a document specifies the basic polices ¸procedures and institutions of a municipality. 5 Types 1. Special charter 2. General charter 3. Classified charter 4. Optional charter 5. Home rule charter - Charter schools- schools that require a charter describing the school to be opened -Town- medium sized. Originally everyone was invited to the annual meeting. Counties- all but Connecticut and Rhode Island. Basic administrative units for welfare and environmental programs, carts and registration of land, birth, deaths. Cities, school districts, state agencies and counties- corporation, merge jurisdiction so they don’t have conflict. Types of Local Government 1. Municipality- a gov with general responsibilities, such as a city, town or village government, that is created in response to the emergence of relatively densely populated areas. 2. Special district- a local gov that is responsible for a particular function such as k-12 education, water, or parks - A challenge is to bridge separation among cities, school districts, counties and state agencies. Executives of Legislatures - Local gov. institutions are not necessarily bound to the principles of separation of powers and checks and balances. - An ex: school boards often have both legislative and executive authority. - These executive and legislative institutions in local gov. are very important in history. Commission -progressives argued that commissions were acceptable alt. form of gov. - tidal wave in Galveston, TX in 1900 killed 500 -business men made a task force ( housing, public safety, finance) - By 1917, 500 cities had commissions. - half of us had elected mayor or authority -today, only 2 percent: Portland, Oklahoma, Tulsa
group three- governor and state
State Constitutions: What is a state constitution? It’s the document the describes the basic polices, producers, and institutions of the government for a specific state. The goal of state constitution is to limit government, unlike that of the national government which is to empower. First state constitutions did not fully embrace the checks and balances, because they were created before the US Constitution. Over time the constitutions had to change -Civil war and slavery. State constitutions are easier to amend. Governor: -Most important role: identifies the most pressing issues, and tries to find solutions. -governor submits budget proposals -important because it shows priorities. -governor has package or veto power -except N.C. -rejects bills -line-item veto; strikes only parts of bills -vetoes can be overridden with 2/3 vote. -Gubernatorial powers are limited by curtaining of appointments. -ex. Judges, attorney general -judicial powers: -right to pardon -commute reduces penalty -parole-shortening sentences in prison if specific things are met. -judicial powers are controversial State Courts: -Most disputes are matters of state law because state law defines criminal behavior, family laws, and business laws. -state courts are separate from federal courts -if state/federal law contradict federal law wins -Criminal law-when someone has been killed or injured or has suffered damage to property -Civil Law- a dispute between two parties -most cases start in smaller specialized courts and move up -appeals go to appeals court. -different election methods -Virginia elected by legislature
group four- Indian reservation leadership
Evolution of State and Local Governments
state government came before local government. state creates local gov.
the people could help run the gov. in local.
the movement of the Devolution Revolution (movement of power away from federalism) was in the 1980s. people say it is a partisan because of the neo-conservative nature.
there should be a hierarchy of federal over state and state over local.
federal government oversees all the state
the higher power helps protect us from over taxation and other things that the states try to enforce.
federal power is not supposed to be omnipresent in our daily lives.
Baker vs. Carr (1962) one-person, one vote
they decided that they needed equal representation from the districts. so now, there is only one representative so it is more equal.
since the Nixon administration....
the states have become more powerful. people had lost a lot of faith in the system. During the Reagan administration....
spending went way up, he spent more than the Soviet Union to help end the Cold War.
U.S. vs. Lopez (1995)
Role of grassroots organizers
citizens who take charge and help about issues and the polls and voting... can unite to form groups. can unite for issues you feel strongly about, tell the people running for gov and have their group support the candidate.
nonpartisan elections
one thing that can happen is that people who don't belong to a political party get their voice out
State governments primary responsibility
they look at education, finances, transportation, crime.
major goal of the writers of the U.S. Constitution
to establish a central government that would keep the states united in a more perfect union!
original 13 state constitutions wanted to
limit the federal government and have primarily state gov.
machine based on bloc voting in Northeast and Midwest (chicago, Boston)
Progressive Movement
Woodrow Wilson, Johnson, Roosevelt. they combated the Boss system by having primaries, gave power to the people (power to impeach a corrupt gov. midterm), Trend since 1960s on strength of state governance-
its coming more towards the states. state constitutions and ammendments
are ammended all the time and have not been the same since the beginning. Governors
line-item veto
can cross out line by line what they wanna.
state cabinet positions
they are elected, unlike the president's cabinet (which is appointed).
pardon, commute, parole, extradite,
powers that they have
state legislatures after Baker v. Carr- they were more...
were more professional and better at everything. all states (but Nebraska) have...
are bicamaral and have the assembly and house.
term limits...
all sort of different limits because they don't want them to just be career politicans
state courts
most matters go to
to the state courts
Rodney King 1994
that is when it went to both state and federal courts. they decided that because there were a lot of racial slurs, the federal was upset. the supreme court was the one ...
inclusion
when a state law contradicts a federal law, the federal law always wins. common law
law agreed upon because it is a common practice; e.g. living with someone for 7 years results in a "common law marriage"; varies by the state criminal law
a violation of other people or a state society; e.g. robbery, murder civil law
between two or more people or businesses; a breach in contract Elections
partisan?
local elections are not partisan; state elections usually are direct initiative
voters directly propose a law instead of it going through the legal system
Ex. Say this class wants to propose "National SCWYRL Day," we just propose it and bring it directly to state government to have it placed on a ballot indirect initiative
voters create a law and it goes through the legal system to be placed on a ballot Dillon's rule
says that local governments are not sovereign but they do get... ...a charter
a document which grants a local government its power and reason to exist direct or popular referendum
a law created by lawmakers but is directly voted on by the people
Different types of leaders of local government:
elected executive
elected council
appointed manager
commission
What type of documents enacted the Indian Reservation nations?
Treaties domestic dependent nation
a nation totally reliant on a larger government; only example is the Indian Reservation nations. Everything they do must be approved by the U.S. gov't. today's formal policy
We want them to be self-sustaining... but we give them money. compacts
They are allowed to build casinos; can be off reservation land Public Law 280
States can pursue suspected criminals on Indian Reservations reservation land and trust land
don't have to pay taxes issues with animal rights activists
they killed whales and other animals as part of their culture; animal activists tend to FREAK OUT Indian Self-Determination and Education Assistance Act 1975
two pro-Indian civil rights organizations Bureau of Indian Affairs
federal government committee that decides what to do with reservations Balancing state and local budgets
about how much from federal gov?
20%. The other 80% comes from taxes, such as: state income tax
sales tax
property tax
segregated funds
they can only be used to provide the service for which the fee was charged progressive tax
a tax that increases by the people's ability to pay it; example: income tax regressive tax
a tax that will regress (you'll pay less) as people are able to pay it; ex. sales tax
illustrate, prepare, and deliver -
group one- school board
-has both legislative and executive authority
-makes policies regarding instruction and facilities
-do the hiring and contracting to implement those policies
-few expectations, part time officials, superintendents
-the legislative and executive authority, responsibility remains with the school board
-school districts usually follow the council-manager model and tyhis is where the board hires a manager to supervise services like water, sewage, or mass transit
-the school board also has special districts that are governed by a variety of different structures
group two- local government
Dillon’s rule- “The view that municipal corporations own their origins to and deliver their power and rights wholly from the (state) legislative. It breathes into them the breath without which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control.”
- Applies to all types of local gov.
- Charter- a document specifies the basic polices ¸procedures and institutions of a municipality.
5 Types
1. Special charter
2. General charter
3. Classified charter
4. Optional charter
5. Home rule charter
- Charter schools- schools that require a charter describing the school to be opened
-Town- medium sized. Originally everyone was invited to the annual meeting.
Counties- all but Connecticut and Rhode Island. Basic administrative units for welfare and environmental programs, carts and registration of land, birth, deaths.
Cities, school districts, state agencies and counties- corporation, merge jurisdiction so they don’t have conflict.
Types of Local Government
1. Municipality- a gov with general responsibilities, such as a city, town or village government, that is created in response to the emergence of relatively densely populated areas.
2. Special district- a local gov that is responsible for a particular function such as k-12 education, water, or parks
- A challenge is to bridge separation among cities, school districts, counties and state agencies.
Executives of Legislatures
- Local gov. institutions are not necessarily bound to the principles of separation of powers and checks and balances.
- An ex: school boards often have both legislative and executive authority.
- These executive and legislative institutions in local gov. are very important in history.
Commission
-progressives argued that commissions were acceptable alt. form of gov.
- tidal wave in Galveston, TX in 1900 killed 500
-business men made a task force ( housing, public safety, finance)
- By 1917, 500 cities had commissions.
- half of us had elected mayor or authority
-today, only 2 percent: Portland, Oklahoma, Tulsa
group three- governor and state
State Constitutions:
What is a state constitution? It’s the document the describes the basic polices, producers, and institutions of the government for a specific state.
The goal of state constitution is to limit government, unlike that of the national government which is to empower.
First state constitutions did not fully embrace the checks and balances, because they were created before the US Constitution.
Over time the constitutions had to change
-Civil war and slavery.
State constitutions are easier to amend.
Governor:
-Most important role: identifies the most pressing issues, and tries to find solutions.
-governor submits budget proposals
-important because it shows priorities.
-governor has package or veto power
-except N.C.
-rejects bills
-line-item veto; strikes only parts of bills
-vetoes can be overridden with 2/3 vote.
-Gubernatorial powers are limited by curtaining of appointments.
-ex. Judges, attorney general
-judicial powers:
-right to pardon
-commute reduces penalty
-parole-shortening sentences in prison if specific things are met.
-judicial powers are controversial
State Courts:
-Most disputes are matters of state law because state law defines criminal behavior, family laws, and business laws.
-state courts are separate from federal courts
-if state/federal law contradict federal law wins
-Criminal law-when someone has been killed or injured or has suffered damage to property
-Civil Law- a dispute between two parties
-most cases start in smaller specialized courts and move up
-appeals go to appeals court.
-different election methods
-Virginia elected by legislature
group four- Indian reservation leadership
Evolution of State and Local Governments
state government came before local government. state creates local gov.
the people could help run the gov. in local.
the movement of the Devolution Revolution (movement of power away from federalism) was in the 1980s. people say it is a partisan because of the neo-conservative nature.
there should be a hierarchy of federal over state and state over local.
federal government oversees all the state
the higher power helps protect us from over taxation and other things that the states try to enforce.
federal power is not supposed to be omnipresent in our daily lives.
Baker vs. Carr (1962) one-person, one vote
they decided that they needed equal representation from the districts. so now, there is only one representative so it is more equal.
since the Nixon administration....
the states have become more powerful. people had lost a lot of faith in the system.
During the Reagan administration....
spending went way up, he spent more than the Soviet Union to help end the Cold War.
U.S. vs. Lopez (1995)
Role of grassroots organizers
citizens who take charge and help about issues and the polls and voting... can unite to form groups. can unite for issues you feel strongly about, tell the people running for gov and have their group support the candidate.
nonpartisan elections
one thing that can happen is that people who don't belong to a political party get their voice out
State governments primary responsibility
they look at education, finances, transportation, crime.
major goal of the writers of the U.S. Constitution
to establish a central government that would keep the states united in a more perfect union!
original 13 state constitutions wanted to
limit the federal government and have primarily state gov.
machine based on bloc voting in Northeast and Midwest (chicago, Boston)
Progressive Movement
Woodrow Wilson, Johnson, Roosevelt. they combated the Boss system by having primaries, gave power to the people (power to impeach a corrupt gov. midterm),
Trend since 1960s on strength of state governance-
its coming more towards the states.
state constitutions and ammendments
are ammended all the time and have not been the same since the beginning.
Governors
line-item veto
can cross out line by line what they wanna.
state cabinet positions
they are elected, unlike the president's cabinet (which is appointed).
pardon, commute, parole, extradite,
powers that they have
state legislatures
after Baker v. Carr- they were more...
were more professional and better at everything.
all states (but Nebraska) have...
are bicamaral and have the assembly and house.
term limits...
all sort of different limits because they don't want them to just be career politicans
state courts
most matters go to
to the state courts
Rodney King 1994
that is when it went to both state and federal courts. they decided that because there were a lot of racial slurs, the federal was upset. the supreme court was the one ...
inclusion
when a state law contradicts a federal law, the federal law always wins.
common law
law agreed upon because it is a common practice; e.g. living with someone for 7 years results in a "common law marriage"; varies by the state
criminal law
a violation of other people or a state society; e.g. robbery, murder
civil law
between two or more people or businesses; a breach in contract
Elections
partisan?
local elections are not partisan; state elections usually are
direct initiative
voters directly propose a law instead of it going through the legal system
Ex. Say this class wants to propose "National SCWYRL Day," we just propose it and bring it directly to state government to have it placed on a ballot
indirect initiative
voters create a law and it goes through the legal system to be placed on a ballot
Dillon's rule
says that local governments are not sovereign but they do get...
...a charter
a document which grants a local government its power and reason to exist
direct or popular referendum
a law created by lawmakers but is directly voted on by the people
Different types of leaders of local government:
elected executive
elected council
appointed manager
commission
What type of documents enacted the Indian Reservation nations?
Treaties
domestic dependent nation
a nation totally reliant on a larger government; only example is the Indian Reservation nations. Everything they do must be approved by the U.S. gov't.
today's formal policy
We want them to be self-sustaining... but we give them money.
compacts
They are allowed to build casinos; can be off reservation land
Public Law 280
States can pursue suspected criminals on Indian Reservations
reservation land and trust land
don't have to pay taxes
issues with animal rights activists
they killed whales and other animals as part of their culture; animal activists tend to FREAK OUT
Indian Self-Determination and Education Assistance Act 1975
two pro-Indian civil rights organizations
Bureau of Indian Affairs
federal government committee that decides what to do with reservations
Balancing state and local budgets
about how much from federal gov?
20%. The other 80% comes from taxes, such as:
state income tax
sales tax
property tax
segregated funds
they can only be used to provide the service for which the fee was charged
progressive tax
a tax that increases by the people's ability to pay it; example: income tax
regressive tax
a tax that will regress (you'll pay less) as people are able to pay it; ex. sales tax
types of local governments