State Legislature, Governor, and Local Government Structures and Functions

State Legislature Meeting Frequency

Most legislatures meet annually; Montana, Nevada, North Dakota, and Texas meet biennially.

State Legislative Session Duration

Sessions vary from 1-2 months (short) to nearly the whole year (long). Louisiana has a 60-day session, extendable for budget issues.

State Legislator Pay Variation

Pay ranges widely: $100 in New Hampshire to $128,000 in California; Louisiana: $16,800 + $6,000 unvouchered allowance.

Primary Functions of Representative Legislatures

Policymaking, constituent representation, oversight.

Additional Functions of State Legislatures

Considering constitutional amendments, confirming gubernatorial appointments, approving budgets.

Types of Representation in State Legislatures

Single-member districts: one representative per district; Multi-member districts: usually two per district, may produce more ideologically extreme reps.

Malapportionment

Malapportionment = unequal representation, traditionally benefiting rural areas; Baker v. Carr (1962) and Reynolds v. Sims (1964) established 'one person, one vote.'

Main Roles of a Governor

Chief Administrator, Chief Legislator, Party Leader, Crisis Manager, Ceremonial Head, Chief Negotiator, Opinion Leader.

Formal Powers of Governors

Formal powers: tenure of office (usually 4 years), appointments, veto power (42 states have line-item), preparing state budget, organizing executive branch.

Informal Powers of Governors

Informal powers: personal charisma, popular support, media/public relations, negotiating and bargaining skills, patronage/pork.

Responsibilities of a Lieutenant Governor

Lieutenant Governors can take over if governor dies/incapacitated, break legislative ties, head departments (e.g., Louisiana: Dept. of Culture, Recreation & Tourism).

Secretaries of State

Secretaries of State are elected officials responsible for official state records, elections, voter registration, and validating election results.

Purpose of Bureaucracy After a Bill is Passed

To implement laws and policies passed by the legislature and signed by the governor.

Core Functions of State Bureaucracies

Enforce laws, provide public safety, maintain infrastructure, educate children, serve disadvantaged populations.

Major Human Resource Systems in U.S. Bureaucracy

Patronage system and merit system (civil service).

Civil Service/Merit System

Civil service/merit system hires and promotes based on knowledge, skills, and abilities; established by the Pendleton Act (1883) at the federal level; adopted by states over time (NY and MA by 1884, most by 1940).

Representative Bureaucracy

Representative bureaucracy = bureaucrats reflect the demographics/values of the community; EEO = prohibits discriminatory employment practices; Affirmative Action = special efforts to recruit/hire disadvantaged groups.

Merit Plan for Selecting Judges

The Merit Plan for selecting judges usually involves a nominating commission, the governor appoints a preferred candidate, and after 1-2 years, a retention election is held to retain or remove the judge.

Types of Local Governments

Counties, Municipalities (cities), Towns/Townships, School Districts, Special Districts.

Traditional functions of counties

Property tax collection, law enforcement, elections, recordkeeping, roads.

Modern functions of counties

Healthcare, mass transit, social services, industrial development.

Main forms of county government

Board of Commissioners/Supervisors, County Council, Council-Administrator.

Types of city government structures

Strong mayor-council (mayor with veto), Weak mayor-council (figurehead), Council-Manager (council appoints professional manager).

Election of city council members

At-large or district (ward) elections.

Annexation

Incorporating more territory into a city to increase population and tax base.

Distinction between towns/townships and cities

Smaller population, limited powers, often hold town meetings for direct democracy.

Special districts

Provide specific services (fire, sewage, hospital, utilities) and may levy taxes; address deficiencies in municipal services.

Governance of school districts

Governed by elected school boards (5-7 members), trend toward consolidation to reduce expenses and improve equity.

Main types of taxes for state and local governments

Income (state), Sales (state & local), Property (local).

Progressive tax

Rate rises as income rises.

Regressive tax

Rate falls as income rises.

Flat tax

Same rate for all incomes.

Efficient taxes to collect

Sales and income taxes.

Less efficient taxes

Property taxes.

Tax-service paradox

People want services but resist paying taxes to fund them.

Examples of miscellaneous taxes and fees

Sin taxes (tobacco, alcohol, marijuana), gasoline taxes, estate/inheritance taxes, licenses, parking fines, user fees, severance taxes, gambling revenues.

Strong mayor system

Elected executive with veto and real authority.

Weak mayor system

Figurehead, council holds power.

Council-manager form of government

Council hires professional manager to execute policies; council makes policy decisions.

Variability in city council structures

Elected councils may be at-large or by district (ward).

Factors affecting voter turnout in city politics

Voter turnout is typically low; party influence varies, but local politics can be dominated by one party in some regions.

Ways strong mayors exercise power

Veto power, budget oversight, appointment of department heads, leadership over city operations.

Types of state and local courts

Limited jurisdiction courts, major trial courts, intermediate appellate courts, state supreme courts.

Methods of judicial selection

Gubernatorial appointment, legislative selection, partisan election, non-partisan election, merit plan.

Judicial activism

Willing to overturn laws/precedents.

Judicial restraint

Defer to legislatures/precedent.

Strict constructionism

Follow letter of law/original intent.

Broad constructionism

Interpret law in spirit, consider modern context.

Factors affecting judges' decisions

Party ID, ideology, prior career, religion, age, gender, and in trial courts, plea bargaining.

Frequency of redistricting

Every 10 years after the census.

Methods of redistricting by states

26 self-redistrict, 13 use impartial/bipartisan commissions, 11 work with other institutions like governor.

Gerrymandering

Redrawing districts to favor one party; legal but generally frowned upon.

What percentage of incumbents in state legislatures typically get reelected?

Approximately 90%

How many states have term limits for governors?

16 states have term limits, either consecutive or lifetime.

What is gerrymandering?

Gerrymandering is the practice of drawing district boundaries to favor the party in power; it is legal but often criticized.

What is the risk of a divided government?

A divided government, where the governor and legislature are from different parties, can lead to gridlock.

What are the steps in the budget cycle for state governments?

1. Preparation 2. Formulation 3. Adoption 4. Execution 5. Audit

What is the role of collective bargaining in state employment?

Collective bargaining can lead to increased payroll costs for state employees.

What is the difference between a bench trial and a jury trial?

In a bench trial, a single judge decides the outcome; in a jury trial, the defendant is judged by a group of peers.

What percentage of trial cases are resolved through plea bargaining?

Approximately 90% of trial cases are resolved by plea bargaining.

What is the function of appellate courts?

Appellate courts review errors made in lower courts and do not retry cases; they also create legal precedents.

What is 'Home Rule' for counties?

Home Rule allows counties in 38 states more autonomy in policymaking.

What are the common types of zoning and planning in local governments?

Zoning includes industrial, residential, commercial, and historic districts.

What trend is seen in annexation among cities and suburbs?

Cities are competing with suburbs for territory through annexation.

How do states typically fund education?

States use formulas to redistribute property tax revenue for school funding equalization.

What factors contribute to higher tax revenue?

A broader tax base combined with a higher tax rate leads to increased revenue.

What is the importance of tax transparency and fairness?

Citizens are more likely to accept taxes that are perceived as transparent and fair.

What are TELs in the context of state budgets?

TELs, or tax/expenditure limitations, restrict the ability of states to raise taxes or increase spending.

What happens during the execution phase of the budget cycle?

Departments spend allocated funds, which may involve cutting services or using rainy-day funds.

What is the significance of audits in the budget cycle?

Audits assess fiscal responsibility and performance of state agencies.

What is the role of bureaucracy in state governance?

Bureaucracy implements policies through regulation and adjudication.

What is the process of impeachment for governors?

All states except Oregon allow impeachment; 18 governors have been impeached, with 8 convicted.

What are the consequences of criminal convictions for governors?

Governors can face criminal convictions, as seen with Louisiana governor Edwin Edwards.