The Supreme Court, Federalism, and Public Administrators

State and Local Government Intergovernmental Relationships: Part I

1

Introduction • State and local government responsible for

policies -- education, trash collection, transportation, water and sewer,...

• State governments are similar but much different from federal government.

• Local governments established by states to handle local policy concerns.

2

Introduction Continued • Subnational Governments:

• State and local governments -- revitalization and diversity since 960’s.

• States more active in policymaking. • States remain diverse in populations and

policies.

3

Understanding State and Local Governments

• Democracy at the Subnational Level • States allow local governments to manage

local problems in an open manner. • Lack of voter participation and coordination

among local governments as well as competition for business and industry.

4

Understanding State and Local Governments

• The Scope of Subnational Government • State and local governments growing faster

than federal government. • Some states have sunset legislation mandates

review of agency programs for continuation. • Some local governments better at policy than

their states and become innovators at problem resolution.

5

The Evolution of State and Local Governments

• Governing in U.S. by multiple authorities working together and in conflict. • In 1776, the thirteen colonial governments

became states tied together in a loose confederation under the Articles.

• Unified into a federal system in the late 1780s to address weakness of confederative model.

• States create and determine powers of local governments.

6

The Evolution Continued • In 1962, the Supreme Court forced the

states to redistrict and become more representative of the states’ population. In Baker v. Carr, the Court applied the 14th

Amendment's Equal Protection Clause to voters. • The ruling of “one man, one vote” required

legislatures redistrict with an equal number of constituents in each.

7

The Evolution Continued • During 1960s and 1970s, federal government

increased responsibilities of states and locals

• Federal programs for poverty, urban renewal, and environmental quality became administered by states and locals.

8

The Evolution Continued • In 1990s, state and local governments more

valuable in federalism. • States, cities, and counties becoming

program innovators and mutually cooperating to increase economic growth.

• Governors become important national actors. State legislators, county officials, city managers, and other officials now travel internationally.

9

Grassroots Power and Politics • Most small towns have a local dynasty--some

big towns have them, too. • State and local politics more personal, non-

partisan, and issue-oriented than at federal level.

• Grassroots politics includes influence of local elites, local issues, local news media, and issue- specific organizations to enact laws and make policy.

10

State Governments • The primary responsibilities of state governments

are: • education • public health • transportation • economic development • criminal justice • licensing/regulation professions (teachers, social workers,

doctors, lawyers, barbers/stylists, architects, etc.) • States more active in welfare and environmental

issues on their own and as administrators of national programs.

11

12

Source: Bowman and Kearney, 2017

State Constitutions • Each state has its own unique constitution. • They are subordinate to the U.S. Constitution. • State constitutions have more detail about

specific policies. • Specific interests work to protect their issues

in the constitutions since it is harder to amend them.

13

State Constitutions • Amending State Constitutions

• Few states rewrite their constitutions. • States often use “cut and paste” by only

updating few sections of Constitution. • State’s legislature proposes constitutional

amendment and then it is put to a vote in an election.

• Some states allow citizen initiatives.

14

State Constitutions • State constitutions limit powers of state

governments. • After Civil War, Southern states were forced

to draft new constitutions acceptable to North. New constitutions gave powers to former slaves and disenfranchised the traditional elites.

• After Reconstruction, Southern states adopted newer constitutions providing for weak governments.

15

State Constitutions • Western states chose weak governments. • Western states allow voters to enact

legislation through initiatives and recall elections to remove officials from office.

• Strengthen state governments to manage critical issues.

• Lengthen terms of states’ governors with more oversight on spending.

• Legislatures full-time, better pay, and courts strengthened.

16

Executives and Legislatures • Local governments have some or all of

these decision-making positions: • Elected executive: mayor, village president. • Elected council or commission: city council,

city commission, city board, county board, county council, school board,

• Appointed manager: city manager, city administrator, county administrator, county manager, school superintendent.

17

Governors • Governors are chief executive officers of

states with policymaking, budgetary, and ceremonial roles. • Propose budget • Veto authority • Appointment powers • Power to pardon • Commute sentences, grant parole, and extradite

18

Governors and the Executive Branch

• The Job of Governor • Expected to fulfill many duties, some formal, some not • Much diversity in level of formal powers • 42 governors have a line-item veto—veto only parts

of a bill • Today’s governors use “personal powers” to help

accomplish their policy goals. • Public support, character, and leadership style

19

Governors and the Executive Branch

20

Governors and the Executive Branch • Other Executive Officers

• Many other state executives are elected separately from the governor.

• Major state executives include: • Lieutenant Governor—second-highest executive official

in state governments. In Georgia, serves as Senate President.

• Attorney General—state’s legal counsel • State Treasurer—manager of state’s bank accounts • Secretary of State—elections and record-keeping • Auditor—financial comptroller • Insurance Commissioner

21

State Legislatures • General Information:

• Generally, operate like Congress • Have become more professional:

• longer sessions—44 state legislatures have annual sessions

• higher salaries • more staff for each one and staff for

committees • Some feel it is against the idea of a “citizen

legislature” favored by public

22

State Legislatures

23

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 part-time bodies. There is abundant turnover--over 25% of seats each election.

24

Direct Democracy • Direct initiative: Voters place proposal on ballot

and enact it into law without involving the legislature or the governor.

• Indirect initiative: Legislature places proposal on ballot and allows voters to enact it into law without involving the legislature or the governor.

25

Direct Democracy • Direct democracy: government controlled

directly by the citizens

• Methods of citizen control of the Government: • Initiative: proposed changes to laws be put on the

ballot if enough signatures are collected • Referendum: voters approve or disapprove state

legislation • Recall: voters may vote someone out of office

26

State and Local Government Intergovernmental Relationships: Part I

1

Introduction • State and local government responsible for

policies -- education, trash collection, transportation, water and sewer,...

• State governments are similar but much different from federal government.

• Local governments established by states to handle local policy concerns.

2

Introduction Continued • Subnational Governments:

• State and local governments -- revitalization and diversity since 960’s.

• States more active in policymaking. • States remain diverse in populations and

policies.

3

Understanding State and Local Governments

• Democracy at the Subnational Level • States allow local governments to manage

local problems in an open manner. • Lack of voter participation and coordination

among local governments as well as competition for business and industry.

4

Understanding State and Local Governments

• The Scope of Subnational Government • State and local governments growing faster

than federal government. • Some states have sunset legislation mandates

review of agency programs for continuation. • Some local governments better at policy than

their states and become innovators at problem resolution.

5

The Evolution of State and Local Governments

• Governing in U.S. by multiple authorities working together and in conflict. • In 1776, the thirteen colonial governments

became states tied together in a loose confederation under the Articles.

• Unified into a federal system in the late 1780s to address weakness of confederative model.

• States create and determine powers of local governments.

6

The Evolution Continued • In 1962, the Supreme Court forced the

states to redistrict and become more representative of the states’ population. In Baker v. Carr, the Court applied the 14th

Amendment's Equal Protection Clause to voters. • The ruling of “one man, one vote” required

legislatures redistrict with an equal number of constituents in each.

7

The Evolution Continued • During 1960s and 1970s, federal government

increased responsibilities of states and locals

• Federal programs for poverty, urban renewal, and environmental quality became administered by states and locals.

8

The Evolution Continued • In 1990s, state and local governments more

valuable in federalism. • States, cities, and counties becoming

program innovators and mutually cooperating to increase economic growth.

• Governors become important national actors. State legislators, county officials, city managers, and other officials now travel internationally.

9

Grassroots Power and Politics • Most small towns have a local dynasty--some

big towns have them, too. • State and local politics more personal, non-

partisan, and issue-oriented than at federal level.

• Grassroots politics includes influence of local elites, local issues, local news media, and issue- specific organizations to enact laws and make policy.

10

State Governments • The primary responsibilities of state governments

are: • education • public health • transportation • economic development • criminal justice • licensing/regulation professions (teachers, social workers,

doctors, lawyers, barbers/stylists, architects, etc.) • States more active in welfare and environmental

issues on their own and as administrators of national programs.

11

12

Source: Bowman and Kearney, 2017

State Constitutions • Each state has its own unique constitution. • They are subordinate to the U.S. Constitution. • State constitutions have more detail about

specific policies. • Specific interests work to protect their issues

in the constitutions since it is harder to amend them.

13

State Constitutions • Amending State Constitutions

• Few states rewrite their constitutions. • States often use “cut and paste” by only

updating few sections of Constitution. • State’s legislature proposes constitutional

amendment and then it is put to a vote in an election.

• Some states allow citizen initiatives.

14

State Constitutions • State constitutions limit powers of state

governments. • After Civil War, Southern states were forced

to draft new constitutions acceptable to North. New constitutions gave powers to former slaves and disenfranchised the traditional elites.

• After Reconstruction, Southern states adopted newer constitutions providing for weak governments.

15

State Constitutions • Western states chose weak governments. • Western states allow voters to enact

legislation through initiatives and recall elections to remove officials from office.

• Strengthen state governments to manage critical issues.

• Lengthen terms of states’ governors with more oversight on spending.

• Legislatures full-time, better pay, and courts strengthened.

16

Executives and Legislatures • Local governments have some or all of

these decision-making positions: • Elected executive: mayor, village president. • Elected council or commission: city council,

city commission, city board, county board, county council, school board,

• Appointed manager: city manager, city administrator, county administrator, county manager, school superintendent.

17

Governors • Governors are chief executive officers of

states with policymaking, budgetary, and ceremonial roles. • Propose budget • Veto authority • Appointment powers • Power to pardon • Commute sentences, grant parole, and extradite

18

Governors and the Executive Branch

• The Job of Governor • Expected to fulfill many duties, some formal, some not • Much diversity in level of formal powers • 42 governors have a line-item veto—veto only parts

of a bill • Today’s governors use “personal powers” to help

accomplish their policy goals. • Public support, character, and leadership style

19

Governors and the Executive Branch

20

Governors and the Executive Branch • Other Executive Officers

• Many other state executives are elected separately from the governor.

• Major state executives include: • Lieutenant Governor—second-highest executive official

in state governments. In Georgia, serves as Senate President.

• Attorney General—state’s legal counsel • State Treasurer—manager of state’s bank accounts • Secretary of State—elections and record-keeping • Auditor—financial comptroller • Insurance Commissioner

21

State Legislatures • General Information:

• Generally, operate like Congress • Have become more professional:

• longer sessions—44 state legislatures have annual sessions

• higher salaries • more staff for each one and staff for

committees • Some feel it is against the idea of a “citizen

legislature” favored by public

22

State Legislatures

23

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 part-time bodies. There is abundant turnover--over 25% of seats each election.

24

Direct Democracy • Direct initiative: Voters place proposal on ballot

and enact it into law without involving the legislature or the governor.

• Indirect initiative: Legislature places proposal on ballot and allows voters to enact it into law without involving the legislature or the governor.

25

Direct Democracy • Direct democracy: government controlled

directly by the citizens

• Methods of citizen control of the Government: • Initiative: proposed changes to laws be put on the

ballot if enough signatures are collected • Referendum: voters approve or disapprove state

legislation • Recall: voters may vote someone out of office

26