TAMU POLS 207 Exam 4 Dyer

Why is it difficult to generalize about local governments?

-Diverse communities with diverse governments

- no mention of local government in Constitution

How do local communities in the United States get their authority to govern themselves? How does this differ from the legal status of the states?

a. Authority delegated by their state constitution and/or laws, only have powers granted to them by the state.

b.State power is not derived from the national government because they are their own sovereign political entities

How does Dillon's rule restrict the powers of local governments?

Dillon's Rule construes grants of power to localities very narrowly. Under Dillon's Rule, one must assume the local government does NOT have the power in question.

What is meant by the 'political function' and 'service function' of local governments? Give an example of each function.

Political Function: Questions of "Who gets what?"; Managing conflict over public policy

(ex: infrastructure)

Service Function: Providing services not offered by private sector (ex: market failure, monopolies, merit goods)

These functions frequently overlap: who gets goods/services vs. who does not

Explain the difference between general-purpose and special-purpose governments. Which types of governments fall into each category?

General Purpose: Provide wide range of services (ex: County, City, regional varieties and variations (law enforcement, infrastructure, sanitation))

Special-Purpose: most common type of government*

Fulfill specific purpose (ex: School districts, special districts (mosquito control, MUD))

What are some of the traditional functions/ characteristics of county governments? What kinds of changes have characterized the shift from the traditional county commission structure to other forms?

Traditional:

• Responsible for law enforcement, courts, roads, elections & public records

• Differences exist b/t urban or rural counties

• Commissioners

• Elected governing body (~3-50 members)

(Other officials w/ countywide jurisdiction: Sheriff, Coroner, County attorney, Clerk, Tax assessor, Tax collectors, Treasurer, auditor)

-Responsibility for county government is fragmented and dispersed

Changes/variations:

• More centralized/professional

• County mayor (instead of board of commissioners)

• County administrator who answers to elected commissioners

• More autonomy from state & unique organization

• "Home rule" counties w/ unique charter • e.g. Los Angeles County

How are Texas counties structured? What are some of the responsibilities of county government in Texas?

-Traditional county commission structure

-Structure & power defined by state constitution

-Commissioner Court w/ 4 elected commissioners + county judge

-No "home rule" counties

-Responsibilities: Law enforcement, courts, roads, elections, public records, control unincorporated land

What legal status do cities hold? Based on this, what does it mean to say that an area is 'incorporated'?

Legal status: municipal corporation

-Incorporated: the area resides within the city limits

-Unincorporated: Area belongs to a county instead

Incorporated: Governed by a Charter

What is a charter? What are the various types of municipal charters?

Charter (mini constitution for a city)

-State grants power of self-gov't to incorporated community

-Determines structure & powers of city gov't

Types of charters:

-Special Act

-General Act/General Law

-Optional

-Home Rule

a.Which types of charter gives state legislatures the most control over cities? b.Which type of charter gives local residents a greater degree of control over the composition and functions of their government?

a.

1.Special Act:

-Charter granted directly by state (once common, now rare)

-Special enactment by state legislature

-Legislative approval required for changes

2. General Act (General Law):

-Lege defines size of cities

-Municipal laws then uniformly applied

-State statutes often specify form of gov't

b.

3. Optional:

-Lege gives some choice in form of gov't

-Greater flexibility

4. Home Rule Charter (greatest local control over local government):

-Common in larger cities

-Community adopts own form of gov't: a) Voter approval required for adoption of charter b) Charter amended by referenda c) More direct powers

-Have inherent powers (**most important) NOT granted by state Constitution or laws

General Law and Home Rule Charter are the only types in Texas

What are some of the advantages and disadvantages of home rule?

Advantages:

-Reduced legislative interference in city affairs

-State legislature can focus on state affairs

-Citizen participation

-Choose form of gov't & administration

-More control over local gov't policies

Disadvantages:

-Frequent amendment of charter

-Policy fragmentation

-Local interest groups may have greater influence

-Long ballots may discourage participation

How does home rule reverse the assumption of Dillon's rule?

Dillon's Rule states that anything NOT listed in the charter CANNOT be done by the city.

Home Rule tries to reverse that by saying anything not stated in the charter CAN be done by the city.

What are some of the forms city government can take? In these various forms, who is responsible for the day-to-day operation and supervision of city departments?

Commission: (traditional)

-Elected commissioners form small govering board

-Combined executive & legislative

-may suffer problems of "gov't by committee"

Council Manager:

-elected council makes policy & sets budget

-common in mid-sized cities (ex: college station)

-appoints city manager to carry out city business

Mayor Council:

-Varies greatly based on formal powers of mayor

-both strong & weak forms

-hybrid forms w/ separate city manager

-common in larger cities

Town Meeting:

-All voters decide policy; elected officials carry it out

-Model of direct democracy but... actual participation may be low

Representative Town Meeting:

-Voters choose representatives for meetings

-Board of Selectmen implements policy

What are some of the differences between strong mayor-council and weak mayor-council forms of government in terms of the relative powers and responsibilities of the mayor and the council? Under which circumstances are 'strong' mayoral forms of government more common?

Strong Mayor-Council:

-Separation of powers (Council= legislative, Mayor= chief executive w/ VETO)

-Mayor: Appoint & remove powers, Manage departments & daily operations, Agenda-setting power, Fiscal power over budget

Weak Mayor-Council:

-Council has legislative & exec. Authority, little mayoral power outside council

-Mayor: (elected OR peer selected)Limited agenda-setting power, Limited exec. Power over city gov't, No veto

-Mayor has ceremonial, figurehead role

What is a Metropolitan Statistical Area (or MSA)? How metropolitan is Texas in terms of how many MSAs it has and where most of its residents live?

- MSA: Core urban area of 50K people w/ adjacent counties (predominantly urban pop. w/ close ties to central city)

-Metropolitan Texas:

• 3 of the 10 largest U.S. cities

• 24 MSAs

• 4 of 30 largest MSAs in the U.S.:

4. Dallas-Fort Worth-Arlington

5. Houston-The Woodlands-Sugar Land

24. San Antonio-New Braunfels

31. Austin-Round Rock

• Future megalopolis?

What traits characterize metropolitan life?

1. Number & density

2. Heterogeneity of population

3. Social & economic interdependence

4. Authority fragmented b/t many gov'ts

-Urban core / central city: The traditional downtown

-Edge cities: Business, shopping, etc. outside of the traditional downtown

-Suburbs: Started as middle-class bedroom communities

-Exburbs: Residential communities beyond the first-ring suburbs; often quite wealthy

What are some of the traditional socioeconomic and political differences one might expect to see between the residents of suburbs and those who live in the urban core of a city?

-Social Class: Traditionally, middle class suburbs, Gentrification changing this

-Income: Poverty often concentrated in inner cities & old suburbs, Better-off residents move away, Reversal w/ gentrification

-Race: Less diverse in suburbs, History of discriminatory housing policies in many states, Deed restrictions, Lending policies (i.e. redlining)

Partisanship: Central city usually Democratic, Suburbs lean Republican

-Taxes: Low taxes a draw in early suburbs but less true now, Influx of people à demand for services

-Lifestyle: Even now suburbs are associated w/ children-centered families, Fewer non-traditional families

What is meant by 'flight' (e.g. 'white flight') and how did it lead to a decline in the urban center of the city?

Wealthier residents leave declining neighborhoods causing areas to lose consumer spending & tax revenues. Those who can't move are left behind which concentrates poverty & reinforces decline

What is gentrification? Why is it controversial?

-Revitalization of older neighborhoods via influx of higher income residents (ex: San Francisco's "Mission District" & east Austin)

-Pros: Restoration of historical buildings, safer neighborhoods /lower crime

-Cons: Rising prices drive older residents/ businesses out, Cause degeneration of unique neighborhood culture

What is meant by 'free-riding'? Why do some claim that suburbanites, especially those living in unincorporated metropolitan areas, are free-riders?

-Free-riding: To not share in the cost of public services and facilities, unfairly benefiting from services paid by others.

-Metro region residents can 'use' the social goods of the city without contributing to city's tax base, which creates more metro traffic, pollution, etc.

What solutions do regionalism and localism advance for providing services and addressing the common problems of metropolitan areas?

-Regionalism: centralizing and consolidating governments and services

-Localism: Local governments stay separate and provide services for own communities

-Functional Consolidation: consolidating services but not governments (e.g. tx council of governments)

What are some of the common arguments in favor of regional or local solutions to metropolitan problems?

Regionalism: Arguments for consolidation

1. Reducing costs w/ economies of scale (Works only in small cities)

2. Suburbanites shouldn't get to free-ride

3. Clear lines of responsibility

(Under fragmented power, it is often impossible to secure the unanimity required to achieve metropolitan consensus on any metropolitan problem. Citizens rarely know whom to hold accountable for inaction or obstruction when so many local governments are involved.)

Localism: Keeping things fragmented (Similar to pro-federalism arguments?)

1. Community identity

2. Decentralization of power (More points of access to gov't & more opportunities for effective participation, groups can organize & influence)

3. Schools/ The draw of suburban ISDs (Suburbs generally spend more on education of each child than central cities)

What does the Tiebout Model claim about an individual's choice of local community? What are some of the shortcomings of this model?

a. It asserts that both families and businesses can "vote with their feet" for their preferred "bundle" of municipal services and taxes.

1. Local gov'ts exist in a marketplace

2. Gov'ts offer various services for various prices (i.e. tax rates)

3. Persons & businesses relocate to preferred community

b. Assumption of mobility, choice & perfect information. Ignores interdependence of metropolis

What are some of the methods metropolitan areas have used to manage their continued growth, providing services, and addressing problems for the region?

-Special Districts:

Local governmental units usually charged with performing a single function; often overlap municipal and county boundaries

(ex: park, sewer system, water, parking, airport)

because the special district or authority leaves the social and governmental status quo relatively undisturbed, important integrative demands are met with a minimum of resistance with this device

-Annexation: Extension of city boundaries over unincorporated areas, May requires residents' approval. Concern: "cherry picking" wealthier residential and commercial areas

-Interjurisdictional agreements:

Voluntary contracts among local governments in a metropolitan area to perform services jointly or on behalf of each other. They provide a means for dealing with metropolitan problems on a voluntary basis while retaining local determination and control

In Texas, what degree of municipal annexation power do cities have? How might annexation put large cities at odds with the residents of unincorporated areas?

TX Constitutional Amendment (1912):

Home rule cities:

Get broad power to annex adjoining territory in their extraterritorial jurisdiction (EJT). Unilateral annexation (w/o residents consent!)

Post-war growth of suburbs leads to concern for "annexation abuse"

Municipal Annexation Act (1963): Reasonable limitations imposed to promote orderly growth

What claims do elite models make about political power and community governance? By contrast, what do pluralist models claim?

-Elite Model: (Power concentrated in the hands of a few) Local business & financial leaders. Elected leaders as mere "gofers"

-Pluralist Model: (Power fragmented & dispersed)

Many competing centers of power. Organized groups of citizens w/ shared policy-influencing interests

Which elites traditionally held sway in U.S. communities, and what policy consensus did they share? How do newer local elites differ?

-Community elites:

• (Local) Mortgage-lending banks

• Developers, builders, landowners

• Goals: Growth, Maximize land value, Increase rents/ mortgage interests/ revenues

-Economic Elites:

• 'Part-time' politicians

• Used local gov't to promote interests

• i.e. growth & personal wealth

-Political Elites:

• Professional politicians

• Motivated by personal ambition

• i.e. power & celebrity

• Lack "pro-growth" consensus

What are some ways in which the costs of growth may be borne unevenly by individuals and groups within the community?

• Unequal distribution of costs

• 'Environmental justice' concerns

• More LULUs near minority neighborhoods

What are some of the anti-growth forces that can exert influence in community politics?

-Upper-middle class: Dislike noise, pollution, ugly buildings

-Low-income groups & minorities: Redevelopment may drive residents out w/ higher rents, etc. May also get LULUs (Locally Unwanted Land Use)

-Directly affected homeowners & voters. "NIMBY"- not in my backyard

What are some examples of growth restrictions and how they manage community growth? What are some of the consequences of these policies?

-"Smart growth": Livable communities (less sprawl)

(ex: Combining living space, work, retail). Influential in rapidly-growing cities

-Policies associated with it:

Zoning laws, Subdivision control, Utility & environmental regs., Building permits

What is eminent domain? In what ways does the U.S. Constitution restrict its use?

Eminent domain- "Taking" of property for public use by gov't

U.S. Constitution, 5th Amendment: "nor shall private property be taken for public use, w/out just compensation"

How did the U.S. Supreme Court ruling in Kelo v. City of New London (2005) broaden the legal understanding of public use? Characterize the reaction to this ruling.

Are "Takings" for economic dev. allowable under 5th Amend?

-NO (Case for Kelo): Will be privately owned after redevelopment

-YES (Case for New London):

Land use was part of an area development plan à increased tax revenues & create jobs for residents, This qualifies as public use

City won in U.S. Supreme Court (5-4) 'public use' broadened to 'public purpose', just compensation was awarded, Lost badly in the "court of public opinion" (& then the development fell through)

How might the powers of local governments to make laws for the health, safety and welfare of their communities come into conflict with the rights and interests of individuals living in those communities?

- Community needs utilities, infrastructure, etc.

- Every individual simply can't have full "veto power" over public projects

-Costs of development will fall somewhere, do they fall fairly?

What is meant by the tax burden? How does this differ from the tax rate?

-Tax burden (or tax incidence): % of income (or total revenue of tax on business) paid in taxes. About distribution of the costs of taxation throughout society

-Tax rate: base rate at which something is taxed

What is the difference between taxes that are: progressive, regressive, and proportional?

-Progressive: higher income groups pay a larger share

(ex: income tax)

-Regressive: lower income groups pay a larger share

(ex: sales & excise taxes)

-Proportional: all income groups pay same percentage

(ex: tithe)

Explain why income tax is considered to be progressive.

Higher income groups pay a larger share

4. Explain how tax brackets and marginal tax rates would work for a single person with a taxable income of $153,750. e.g. How much is his first $9,325 taxed? What about income falling into the 4next tax bracket? How much does he pay overall?

1st Bracket: $0-9,325 - taxed at 10% => $932.5

2nd Bracket: $9,325-37,950 - taxed at 15% => $4,293.75

3rd Bracket: $37,950-91,900 - taxed at 25% => $13,487.5

4th Bracket: $91,950-191,650 - taxed at 28% => $17,318

Total tax = $36,031.75

a.What is sales tax, and why is it considered to be regressive? b.What kinds of government policies might reduce the regressivity of these taxes?

a. As income increases, differences in purchases DON'T increase proportionally. Therefore, higher-income earners pay out smaller % of income in sales taxes while lower-income earners pay out larger % of income in sales taxes

b. Tax Exemptions on food, medicine, etc., "tax holidays" & "tax free weekends"

What is an excise tax, and why are some of these called 'sin' taxes? What are some items that are commonly subject to excise tax?

Sales of particular items (cigarettes, alcohol, sugar, carbon emissions). "Sin" bc items are harmful/ undesirable

What is property tax, and how is it calculated? Why might this tax also be considered regressive? What kinds of government policies might reduce the regressivity of these taxes?

Property subject to taxation (exemptions exist)

Wealthier persons often don't own expensive enough property for their tax burden to increase proportionally

How do user charges work as a source of government revenue? Give some examples.

Charges levied on specific users of a service (toll roads & public transit)

Which taxes does Texas rely on most for its revenues at the state and local levels? Which ones does it not use? Is the overall tax structure in Texas commonly considered to be progressive, regressive, or proportional? Why?

• Very high property taxes

• High Local Taxes (14th of 50)

• Higher than avg. sales tax

• Low STATE Taxes (45th of 50)

• ~60 various other taxes

• NO state income tax

• State "pushes" costs to local gov't

-Progressive Features

• Sales tax base excludes groceries

• "Tax free weekend"

- Regressive Features

• No personal or corporate income tax

• Heavy reliance on sales & property taxes

• Use of (regressive) gross receipts tax

• Few tax credits for low-income taxpayers to offset regressive taxes

What are some of the traditional roles of states and localities in providing for the education of those in their communities?

-Establish schools & colleges

-Develop curricula

-Determine enrollment & graduation requirements

-Share responsibility for funding

In what ways does the national government also have a vested interest in education?

Narrowly:International Competitiveness

Broadly: link b/t education & free society

What are some ways in which federal involvement in public education has mirrored the shifting legal and political relationships between the federal government and the states?

-'Cooperative' federalism:

• National School Lunch & Milk Program (1946)

• Federal Impacted Areas Aid Program (1950)

• National Defense Education Act (1958): Cold War push for science & languages

-'Centralized' federalism:

• *Elementary & Secondary Education Act (ESEA) (1965): Categorical grants to schools

• Head Start (1965)

-'New' federalism

• Education Consolidation & Improvement Act (1981): Made ESEA a block grant

How do controversial policies like No Child Left Behind and the Common Core reflect larger debates over the role of the federal government and which policies should be left to the states?

No Child Left Behind (NCLB), 2001: Focus: ESL, Special Ed., poor & minority students

• Testing to assess school performance

• Non-complying state risked federal funding

-Common Core: National core of learning objectives, Focus: English & Math

-Familiar objections:

• One-size-fits all policy

• Too much federal encroachment

• Expensive/ difficult to implement & monitor

(mandates were often unfunded, so schools struggled to meet fed gov demands)

Which key issues have shaped Texas education policy for primary and secondary education?

-Desegregation

-Equity in public school funding

-Search for educational excellence (How to measure & demonstrate/ High-stakes testing)

a. Which taxes do local governments primarily rely on to fund public schools? b.How can this create issues of equity in the funding of public schools?

a. Heavily rely on local property taxes

b. Differences in property values leads to differences in district tax revenues. This creates problems of equity in school funding. 'Property wealthy' districts have higher tax base à better-funded schools. 'Property poor' districts have a lower tax base

How does Texas wealth sharing policy or 'Robin Hood' attempt to equalize differences in the funding levels of local public schools?

It attempts to help by sharing tax revenues w/ poor districts

What are some of the roles states play in higher education?

-Establish colleges & universities (& systems of universities)

-Lots of state regulation (Tuition, financing, reporting, research, some curriculum reqs. etc.)

-Share funding responsibilities

What is the Morrill Act?

1862 gave land for higher education

"For the benefit of agricultural and mechanical arts"

What are some of the sources of revenues for Texas public universities?

-Appropriation in state budget

-Interest from Permanent University Fund

-Student tuition & fees

-Grants (including federal), endowments, donations, etc

How has the funding of public universities changed over the last few decades, and especially since the U.S. financial crisis? What are some consequences of this change?

Funding relies more heavily on donations, tuition, and grants.

In the past, almost 50% of funding came from state revenue. Now only ~12% comes from state revenue.

Result of financial crisis as well as growing demand for student services