and State Local Government Review Federalism - Federalism is the system in which the power to govern is shared between the national & state governments Unitary System National government makes all major decisions, but not a dictorship, doesn't take away civil liberties, UK was up until the 1980's. France is an example Confederal System Example would be the confederation states of America, states have the power, National government little power Federal System Powers split between state and national government. Examples would be the United States and Canada Provision in the Constitution: Necessary and Proper Clause (Elastic Clause) Stretches the constitution to fit the needs of the time and also gives congress the power to carry out its duties. Implied Powers McuCulloch V. Maryland created implied powers. Article I powers are listed. "The power to tax is the power to destroy" Tenth Amendment Powers not delegated to the US by the Constitution nor prohibited by it to the states, are reserved to the states respectively, or to the people Interstate Commerce Clause Reserve rights to the federal government the right to regulate the conduct business across state lines. Gibbon V. Ogden Steamboat route traveled license to operate ferry exclusive in New Jersey to New York. Other person had a federal license to travel route. Ruled in favor of federal license, and expand interstate commerce clause to include goods and services. NLRB V. Jones Laughlin Steel Company Dispute over fair labor standards act, workers engaged in interstate commerce gave right to collective bargaining. Jones lost the cause because manufacturing is type of interstate commerce, finished product crosses state lines, and raw materials come from different states. Heart of Atlanta Motel V. U.S. Argued didn't have to follow civil rights act because they didn't transport or manufacture goods. US argued that visitors are from other states and they advertise along highways. Katzenbach V. McClung (Katzenbach attorney general) Ran restaurant in Atlanta no advertising and no out of state customers so they didn't not have to follow the civil rights act. Would only serve African American through take out but seat Caucasian. US argued that operating a restaurant some stuff materials form out of state
Began to Reverse 10th amendment US V. Lopez Congress passed gun free zone act which set policy for children who brought guns to school. Lopez kicked out of school because he brought gun to school, NRA paid for legal fees. Lopez won case based on the 10th amendment, and that schools are a state government matter not a federal matter. 14th Amendment Equal protection of the laws (all citizens have equal protection of all laws). Guarantees due process of the law (I . E.Right to trail) Due Process - Is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property.
Equal Protection - Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another. 10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Plessy V. Fergueson Upholded the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal". Fourteenth Amendment applied only to the actions of government, not to those of private individuals, and consequently did not protect persons against individuals or private entities who violated their civil rights Brown V. Board of Education - Overturned earlier rulings going back to Plessy v. Ferguson in 1896, by declaring that state laws which established separate public schools for black and white students denied black children equal educational opportunities Incorporation Including the Bill or Rights to the states. Now Bill of Rights applies to the state because of the 14th amendment. Some bill of rights are not incorporated such as the 3rd and 7th amendment Grants An award of financial assistance in the form of money by the federal government to an eligible grantee with no expectation that the funds will be paid back. The term does not include technical assistance which provides services instead of money, or other assistance in the form of revenue sharing, loans, loan guarantees, interest subsidies, insurance, or direct appropriations Block Grants More flexibility to states, certain types of policy
Categorical Grants Specific project Formal Grants Fool and Faith Credit Clause Other states have to accept other states contracts (example: Binding contract between 2 parties such as gay marriage) Interstate Rendition Like extradition but from state to state. Kentucky V. Dennison Fugitive slave act had to be taken back to slave state if they escaped to a free state. Puerto Rico is under law and applies to all territories of the US. Privileges and Immunities State can not deny privileges and immunities to a citizen of another state. Example during the dustbowl California passed laws that made it illegal to sell houses to Oklahoma and Arkansas residents, this law was eventually found illegal. But states are allowed to charge in state tuition to give its resident benefits. Edwards V. California - Law prohibiting the bringing of a non-resident "indigent person" into the state was struck down as unconstitutional. Interstate Compact Clause Allowed making treaties with other states. Usually about water. State Constitutions Longer and more detailed than the federal constitution. More rights under the state constitution than the federal government. (Example: Freedom of speech in private space & the right to fish and hunt) Judicial Federalism State judges interpret the state constitution, while federal judges interpret the federal constitution. Supremacy Clause State and federal constitution contradicts, the federal prevails Initiative & Referendums Enough signatures to get issues on the ballot, biggest shift in government in this century. Do not have in Kansas. Open Primaries Primary election in which voters "are not required to publicly choose one party or the other. Rather, they enter the voting booth and choose the party ballot on which they will vote in secret. Hence, one does not need to be a member of a particular political party in order to vote in that party's primary Closed Primaries type of direct primary limited to registered party members who have declared their party affiliation, in order to vote in the election
Incumbency Advantage 1. receive far more exposure on television and in newspapers than those challenging them 2. involve the ability of congressman to make themselves popular with the voters in their district 3. incumbent by definition is experienced Recall Elections Enough signatures to pull candidate out of office and can then vote for new candidates. (Example Arnold Schzw. And the California elections) Runoff Elections In Louisiana and other Southern States No primary elections all candidates who have enough signatures to get on the ballot will. Everybody votes and the two candidates with the most votes (50% at least) will be put on the next ballot. Term Limits Legal restriction that limits the number of terms a person may serve in a particular elected office Interest Groups Group, however loosely or tightly organized, doing advocacy: those determined to encourage or prevent changes in public policy without trying to be elected. Interest Groups Incentives 1. Solidary Incentives The sense of companionship one receives from being in a group with others of similar interest 2. Material Incentive Something tangible, such as money or services, which attract people to join 3. Purposive Incentive Individuals join because they agree with the stated goal or purpose of the group
Interest Groups Tactics Free Rider Problem are people who consume more than their fair share of a resource, or shoulder less than a fair share of the costs of its production Agenda Setting - theory that the mass-news media have a large influence on audiences by their choice of what stories to consider newsworthy and how much prominence and space to give them
How a Bill Becomes a Law 1. Any member of the legislative body may introduce bill 2. Referral to a committee a. Most bills die in committee b. Committee chair sets the calendar c. Not all states use sub committees 3. Committee vote a. Committees vary power in 4. Debate and amend on the floor 5. Floor vote a. Varies state to state some do verbal role call, bulk roll call b. Tabor is used in some states 6. Bill goes through the same process in other chamber Big Difference in Bill Becoming a Law 1. Bill goes to governor Political Time Makes politics work whether it is a deadline r the subject matter that is being discussed in the political arena. Trends Long term outside of government but effect government and the reaction to the trend. (Example Population shift, aging) Cycles Happen on a fixed schedule (Examples Elections and budgets are passed on a cycle) Deadlines Force an action (Example school funding or prison overcrowding) Models of Representation 1. Trustee Grounded in Political theory 2. Delegate Everyone has the same opinion and assume they will fit in the district 3. Responsible Partisan 4. Politco New Models of Reperstation 1. Burkain 2. In district 3. Advocate beyond district 4. Obsbudman
Governors Formal Powers Will be written in the state constitution. 1. Sign or veto laws a. Not all governors have line item veto 2. To make appointments to office a. Some governors are allowed to pick judges while other states vote for judges 3. Pardon or commute sentences 4. Emergency powers 5. Call special sessions of legislation 6. Propose budget to the legislation Governors Informal Powers Evolve through tradition 1. To set states agenda 2. Party Leader 3. Have the power to influence 4. Economic development 5. Send legislative liaisons Other Executive Offices 1. Attorney General 2. Lieutenant Governor 3. Sectary of State 4. Treasure 5. Insurance Commissioner Attorney General Not required to have a law degree, no term limits, top lawyer in the state. Defend the sate if sued. Lieutenant Governor (Vice President) Elected and breaks ties in the senate. Leaves the Lieutenant governor in charge while the governor is out of state. Elected separately from the governor. Eight states do not have a lieutenant governor, and in Texas the lieutenant governor is the most powerful. Civil Law Refers to that branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim Summary Judgment Legal term which means that a court has made a determination (a judgment) without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case. Urban v. Rural Jurors Venue Shopping Where you bring the lawsuit. Urban areas are pro plaintiff jurors Tort Reform Cut back on lawsuits
Criminal Law Refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply Plea Bargains Is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty (and often allocute) or no contest and in some cases to also provide testimony against another person in exchange for some agreement from the prosecutor as to the punishment. A plea bargain can also include the prosecutor agreeing to charge a lesser crime (also called reducing the charges), and dismissing some of the charges against the defendant Court Appointed Defenders Is an attorney whose duty is to provide legal representation to indigent defendants who have been charged criminally and who are unable to pay for an attorney Different way states select judges Puncated Equilibrium Things change little by little and then there is a big change. Then it is back to changing little by little. Garbage Can Model Solutions looking for problems Three Policy Streams Generally independent of each other 1. Problems (agenda) 2. Policy (alternatives) 3. Politics (public opinion, power of various interest groups, political leadership) Bureaucracy- Referring to the way that the administrative execution and enforcement of legal rules are socially organized. Four structural concepts are central to any definition of bureaucracy: a well-defined division of administrative labor among persons and offices, a personnel system with consistent patterns of recruitment and stable linear careers, a hierarchy among offices, such that the authority and status are differentially distributed among actors, and formal and informal networks that connect organizational actors to one another through flows of information and patterns of cooperation. Role of public employee unions Collective Bargaining Process whereby workers organize collectively and bargain with employers regarding the workplace. In various national labor and employment law contexts collective bargaining takes on a more specific legal meaning. In a broad sense, however, it is the coming together of workers to negotiate their employment. Broken Windows Theory Fix broken windows in the neighborhood to reduce the crime in the area
Street Level Bureaucrat A term used to refer to a public agency employee who actually performs the actions that implement laws. Community Policy Reinventing Government Local Government Zoning Is a term used in urban planning for a system of land-use regulation in various parts of the world. In cooperation Annexation Is the legal incorporation of some territory into another geo-political entity (either adjacent or non-contiguous). Usually, it is implied that the territory and population being annexed is the smaller, more peripheral or weaker of the two merging entities Special Districts- There are two types of special-purpose districts in the United States: school districts and special districts. This is a type of district differing from generalpurpose districts like municipalities, counties, etc., in that they only serve one or a few special purposes and do not provide a broad array of services Property Taxes That an owner of real estate or other property pays on the value of the property being taxed. There are three species or types of property: Land, Improvements to Land (immovable man made things), and Personalty (movable man made things Sales Taxes Is a consumption tax charged at the point of purchase for certain goods and services. The tax is usually set as a percentage by the government charging the tax. There is usually a list of exemptions. The tax can be included in the price (tax-inclusive) or added at the point of sale (tax-exclusive). Income Taxes Is a tax levied on the financial income of persons, corporations, or other legal entities. Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive Local Earnings Taxes
Transition AFDC - TANF
1.
ADFC - Aid to Families with Dependent Children (AFDC) was the name of a federal assistance program in effect from 1935 to 1997, which was administered by the United States Department of Health and Human Services. The program was created under the name Aid to Dependent Children (ADC) by the Social Security Act of 1935 as part of the New Deal; the words "families with" were added to the name in 1960, partly due to concern that the program's rules discouraged marriage. By 1996 spending was $24 billion per year. When adjusted for inflation, the highest spending was in 1976, which exceeded 1996 spending by about 8%. 2. TANF - Temporary Assistance for Needy Families (TANF, often pronounced "TAN-if") is the July 1, 1997, successor to the Aid to Families with Dependent Children program, providing cash assistance to indigent American families with dependent children through the United States Department of Health and Human Services. It is the United States' federal assistance program commonly known as "welfare". Before 1996, eligibility was determined simply by entitlement. Now, states are given grants to run their own programs
Deinstulaization of mental patients Medicare V. Medicaid 1. Medicare - Is a health insurance program administered by the United States government, covering people who are either age 65 and over, or who meet other special criteria 2. Medicaid -Is the United States health program for individuals and families with low incomes and resources. It is jointly funded by the states and federal government, and is managed by the states. Among the groups of people served by Medicaid are eligible low-income parents, children, seniors, and people with disabilities. State Child Insurance Plans (SCHIP) - Is a national program in the United States that provides health insurance for families who earn too much money to qualify for Medicaid, yet cannot afford to buy private insurance. The program was created to address the growing number of children in the United States without health insurance Essay over Legislative strategies and how you would get a bill passed