Unit 4: State and Local Government

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Unit 4 State and Local
Government

• Part 1 State Government
• Chapter 11

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Public Policy Governments response to a
public issue

• State level example

Issue Schools need to do a better job of
educating students.
Policy Students in grades 3, 5, 8 and 11 must
pass PSSA exams.
Trade-off Schools must concentrate on preparing
students for exams so lose time to pursue other
areas students and teachers want to explore.
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Federalism Dividing and sharing powers between
federal and state governments
Listed in Constitution as delegated to the
federal govt
Enumerated
Prohibited
Denied by Constitution to any level of govt
Government Powers
Reserved
All powers not delegated to federal, nor denied
to any govt, belong to the states
Shared
Powers that belong to BOTH fed and state govts
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Examples
immigration/naturalization coining money
Enumerated
writ of habeas corpus ex post facto
bills of attainder
Prohibited
Government Powers
Reserved
education marriage elections public safety
Shared
taxation borrowing money creating/enforcing laws
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States rights belief that states should have
more power than federal govt
(for)

• States are closer to the people, therefore, more
  responsive to their needs.

Its not fairCalifornia and New York can spend
so much more on programs than my state!
Yeah, and Pennsylvania pollutes the Susquehanna
River and that makes life bad for us in Maryland!
(against)
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Cakes

• Layer

Fed govt powers end where state govts begin
Marble
Fed and state govt powers are mixed
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Federal style versus Unitary style govt
Federal govt
Federal system govt levels work together
dividing some and sharing other powers
State govt
State govt
Unitary system central govt holds all power
and allows smaller units of govt to have only
limited powers
Local govt
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Federalismmeans
division of powers between layers
Federal State Local
Branchesmeans separation of powers
within the layer
Legislative Executive
Judicial
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State govts have three equal branches, just like
the federal govt
Legislative Executive Judicial
Makes laws
Enforces laws
Interprets/applies laws
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Legislative Branch

• Bicameral
• --two house legislature
• --upper house is the Senate
• --lower house is the General Assembly or House of
  Representatives

Exception Nebraska has a unicameral state
legislature
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Reynolds v Sims (1964)

• USSC ruling that all state representation must be
  based on population NOT geographic areasboth
  senate and house
• Senate districts are larger (they represent more
  people) than representative districts (they
  represent fewer people)
• Districts are redrawn when the census shows
  population changes

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Enacting State Laws

• Same process as federal govt

Bills must pass both houses in identical form
Bills are signed or vetoed by the governor
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Citizen involvement
Citizen-proposed bill put on ballot. If a
majority of citizens vote for it, it becomes law.

• Initiative
• Referendum
• Recall

Legislature wants majority of citizenry to
approve a billusually a hot potato issue
death penalty, abortion, bond issues. State
consti- tutional amendments are usually passed by
referendum.
Citizens vote to remove elected official from
office due to ineffectiveness NOT for legal
violationsthats what impeachment is for
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State budget process

• Revenue (income) and expenditures (outgo)
• Proposed by governor
• Approved by legislature

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Revenuegovts income

• Taxes!
• General sales tax
• On most goods and services
• Excise tax (aka sin tax)
• Usually on luxuries, alcohol, tobacco, gasoline
• Income tax
• Corporate and individual

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Revenuegovts income cont

• Bonds
• Govts borrow money for major
  projects by selling bonds
• Lotteries
• States specify the programs that will benefit
  from lottery ticket sales
• Federal grantsfree money from the fed govt
• Categorical particular purpose
• Repave US 15 between Gettysburg and Dillsburg
• Block general purpose
• Highway maintenance

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Expenditures

• Education
• Programs, schools etc

• Education
• Programs, schools etc

• Social services
• Elder care, medicaid, unemployment etc

• Administration
• Govt offices, salaries, law enforcement etc

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Executive Bra nch

• Headed by governor
• Chief executive similar to Pres at fed lvl
• Executive powers
• Administer day-to-day affairs of the state
• Prepare budget
• Commander-in-chief of states Natl Guard
• Appoints agency (department) heads
• Ceremonial stuff

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Executive Bra nch

• Legislative powers
• Proposes legislation
• Approves or vetoes bills
• Entire bill OR
• Line-item veto

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Executive Bra nch

• Judicial powers
• Appoint judges (some statesmore later)
• STATE CRIMES ONLY
• Pardon
• Reprieve
• Commute sentences

Forgivenessno record
Delay in carrying out sentence
Cut short sentence early release
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Executive Agencies

• Similar to presidents cabinet/executive
  bureaucracy
• Create and carry out public policy
• Largest usually Dept of Ed

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Executive Officials

• Can be elected or appointeddepends on office and
  state
• Lieutenant Governorsimilar to VP
• Secretary of Stateoversees elections, maintains
  state records
• Treasurer/comptrollerensures revenue
  expenditures are according to legislation
• Others

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Judicial Branch

• Interpret state law
• Protect citizens rights and freedoms
• Check on leg and exec branches

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Judicial Branch

• Three levels of courts
• Trial courtsoriginal jurisdiction
• Civil indv v indv
• Criminal state v indv
• Appeals courtsappellate jurisdiction
• Do not retry cases
• Review trial court proceedings to ensure fairness
  and law was correctly applied

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Judicial Branch

• Supreme court
• Court of final appeal for state laws
• May declare acts of exec or leg to be against the
  state constitution
• Judges
• Elected or appointed, depending on state
• If appointed by governor, senate usually must
  confirm

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Judicial Branch

• Trial court judges aka district judges aka
  magistratesdepends on state
• Missouri Plan
• Governor appoints judge
• Judge serves till next election
• Voters decide if judge keeps job or not

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Federalism

• Supremacy Clause
• US Constitution Federal laws and Constitution
  trump state laws and constitutions
• Individual rights
• Some state bills of rights are more specific and
  generous than US Bill of Rights. If so, they
  apply within the state.