POLS 207 FINAL TAMU DYER

Why is it difficult to generalize about local governments?

Local gov't is given power by the states (and the people) and those vary state by state

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?

Local gov'ts are subdivisions of the state gov't (no independent authority or inherent powers) they exercise authority delegated by the state

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

Local gov'ts only have those powers granted to them by the state (laws or constitution)

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

Service Function: providing services not offered by private sector

EX: electricity, killing mosquitoes, who gets road fixed first, market failure, natural monopolies

What is meant by the 'political function'? Give an example of each function.

managing conflict over public policy; who gets what?

EX: infrastructure

What is a general-purpose gov't? What types of gov't fall under this category?

General Purpose: provide wide range of services

EX: County, City, Regional gov't

What is a special-purpose gov't? What types of gov't fall under this category?

Special Purpose: fulfill specific purpose; single purpose

EX: School districts, special districts (fire-protection, mosquito control)

MOST COMMON TYPE OF GOVT

What are some of the traditional functions of county governments?

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

What kinds of changes have characterized the shift from the traditional county commission structure to other forms?

More centralized (county mayor instead of commissioners), more professional (county admin who answers to elected commissioners) & more autonomy (free rule) from state

How are Texas counties structured?

Traditional county commission structure

What are some of the responsibilities of county government in Texas?

Control unincorporated land

What legal status do cities hold?

Municipal corporation

Based on this, what does it mean to say that an area is 'incorporated'?

Group of people authorized to act an entity & an area that resides in city limits

What is a charter?

Charter: state grants power to self-gov't to incorporate community

Charters are mini constitutions

What are the various types of municipal charters?

Special Act, General Act, Optional Charter, Home Rule

Which types of charter gives state legislatures the most control over cities?

Special Act Charter (granted directly by the state & legis approval for changes)

Which type of charter gives local residents a greater degree of control over the composition and functions of their government?

Home-rule: common in larger cities, community adopts own form of gov't

What are some of the advantages of home rule?

Advantages: reduced legislative interference in city affairs, citizen participation & choice (more control over local gov't policies)

What are some of the disadvantages of home rule?

Disadvantage: Frequent amendment of charter (instability), policy fragmentation, local interest groups = more power, long ballots discourage participation

How does home rule reverse the assumption of Dillon's rule? (See, also, p. 303)

Community adopts own form of gov't & home-rule has inherent powers (not granted by state constitution of laws) - if it's not listed in constitution: its free game

What are some of the forms city government can take?

Commission

Council-manager

Town meeting

Representative town meeting

Mayor-council

In these various forms, who is responsible for the day-to-day operation and supervision of city departments?

Commission - legislative & executive

Council-manager- council

Town meeting- elected official carry out meeting, voters decide policy

Representative town meeting- voters chose representation

Mayor-council- mayor has strong & weak formal powers

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?

Strong mayor Council: separation of powers (council = legis, mayor = CEO), mayor has appointment & removal powers, manages depts., agenda setting, fiscal budget powers,

Weak mayor Council: council has legislative & exec power, mayor limited agenda power, limited exec power over city gov't, NO veto, mayor= ceremonial

Under which circumstances are 'strong' mayoral forms of government more common?

Separation of powers & mayor -found in cities

What is a Metropolitan Statistical Area (or MSA)?

MSA: core urban area of 50K people w adjacent counties (urban pop w close ties to central city)

How metropolitan is Texas in terms of how many MSAs it has and where most of its residents live?

3/10 of the largest US cities, 24 MSAs, 4/30 largest MSAs in the US

What traits characterize metropolitan life?

1. Number/density

2. Heterogeneity of population (diverse)

3. Social & economic interdependence

4. Authority fragmented between many gov'ts

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: middle class suburbs

Income: suburbs = better off, city= poverty concentration

Race: less racially diverse in suburbs

Partisanship: city= democrat

suburbs= republican

Taxes: low taxes in suburbs

Lifestyle: children-centered families (traditional)

What do many cite as the primary reason for choosing to move to the suburbs?

Schools, family-centered, low density residential areas

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 and those who can't move are left behind & this concentrated poverty & reinforces decline

What is gentrification?

Revitalizing older neighborhoods with influx of high income people

Why is gentrification controversial?

Rising prices kick older residents & businesses out & degeneration of unique neighborhood culture

What is meant by 'free-riding'?

Benefitting without paying

Why do some claim that suburbanites, especially those living in unincorporated metropolitan areas, are free-riders?

Big city amenities, but does everyone pay taxes?

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

Regionalism: centralizing & consolidating gov'ts & services

Localism: Local gov't stay separate & provide services for own communities

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

Regional: reduce costs, suburban shouldn't free ride, clear lines of responsibility

Local: community identity, decentralization of power (more points of access to govt), schools

What does the Tiebout Model claim about an individual's choice of local community?

People & business relocate to preferred communities 'with their feet'

What are some of the shortcomings of the tiebout model?

Problems: ignored interdependence of metropolis, assumption of mobility, choice & perfect info

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: create single purpose gov'ts to take problems

Annexation: extension of city boundaries over unincorporated areas

Interjurisdictional agreements: contracts btw gov'ts to perform services, functions, tax burdens

In Texas, what degree of municipal annexation power do cities have?

TX Constitutional Amendment 1912: home rule cities

Can annex adjourning extraterritorial jurisdiction

Unilateral annexation (w/o residential consent)

How might annexation put large cities at odds with the residents of unincorporated areas?

Post war growth of suburbs leads to concern for 'annexation abuse' and without the residential, unincorporated areas want to maintain community identity, keep low tax level, keep option open to re-incorporate

What claims do elite models make about political power and community governance?

Elite: power concentrated in the hands of few

Local business & financial leaders, elected leaders answer to the economic power in the community ('gofers')

By contrast, what do pluralist models claim?

Pluralist model: power fragmented & dispersed

Many competing centers of power

Organized groups of citizens w shared interests influence policy

Which elites traditionally held sway in U.S. communities, and what policy consensus did they share?

Local mortgage-lending banks& developers, builders, landowners

Goals: maximize land value, increase rent, mortgage interests & revenues

Shared pro-growth consensus

How do newer local elites differ?

Economic: part-item politicians, growth & personal wealth

Political elites: professional politicians; power & celebrity (personal ambition)

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

Distribution of costs can be unequal: 'environmental justice' concerns & more LULUs (locally unwanted land use) in minority neighborhoods

What are some of the anti-growth forces that can exert influence in community politics (upper & lower class) ?

Upper middle class: dislike noise, pollution, ugly building

Low income/minorities: redevelopment may drive residents out (high rent), may get LULUs

Directly affected homeowners & voters

What are some examples of growth restrictions and how they manage community growth?

Smart growth: livable communities (combine living space w work and retail)

Policies associated w zoning laws, subdivision control, building permits

What are some of the consequences of smart growth policies? (intended & unintended)

Intended: elimination of blight (plant disease), inc property values, more housing & shops, bars, restaurants

Unintended: shortage of affordable housing, costs (taxes) fall on poor, working class, minorities & renters

What is eminent domain?

Eminent Domain: the judicial process by which gov't can take private property for public use by providing fair/just compensation

In what ways does the U.S. Constitution restrict its use?

Amendment 5 : you can't have your property taken w/o 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.

Kelo v City of New London: city govt takes private residents property to give to a private developer (public use was to help the city's econ)

Reactions:

Kelo: NO it is not allowable bc it will be privately owned after development

New London: YES Land use was part of an area development plan=>increased tax revenues & create jobs for residents

This qualifies as public use

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?

Over 40 states have passed laws restricting 'taking' private property or eminent domain for econ development

Communities need utilities, infrastructure & every person can't have a full veto power so the cost of development has to fall somewhere

What is meant by the tax burden?

Tax Burden: 'tax incidence' % of income paid in taxes, about distribution of the costs of taxation throughout society

How does tax burden differ from the tax rate?

Tax rate: base rate at which something is taxed

(effective tax rate: after deductions, exemptions)

What is the difference between taxes that are: (i) progressive, (ii) regressive, and (iii) proportional?

Progressive: higher income groups pay a larger share (income tax)

Regressive: lower income groups pay a larger share (sales tax)

Proportional: all income groups pay same % (Tithe)

Explain why income tax is considered to be progressive.

Those with higher incomes are taxed at higher rates than those with lower incomes

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 next 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

%: (10-15-25-28)

What is sales tax, and why is it considered to be regressive?

As income increases differences in purchases don't increase proportionally

Higher income pays smaller % of income

Lower pay more % of income

What kinds of government policies might reduce the regressivity of these taxes?

POLICIES: exemption on food, medicine; 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?

Excise tax: sale of a particular item

"sin tax" cigarettes, alcohol, sugar, carbon emissions, etc. -are earmarked for certain funds

What is property tax, and how is it calculated?

Property tax: property subject to taxation (exemptions exist)

Calculated by dollars per $1000 assessed value

Why might property tax also be considered regressive? What kinds of government policies might reduce the regressivity of these taxes?

Far less regressive than sales taxes

But... 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 are levied on specific users of a service (growing source of revenue)

Alternative view of taxation & govt services

EX: toll roads & public transit

Which taxes does Texas rely on most for its revenues at the state and local levels?

Property taxes (local), high sales tax (state)

Which tax does TX not use?

NO STATE INCOME TAX

Is the overall tax structure in Texas commonly considered to be progressive, regressive, or proportional? Why?

TX is mainly regressive bc no personal or corporate income tax & (some progressive- tax free weekend, sales tax excludes food)

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 & grad requirements, share responsibility for funding

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

Northwest Ordinance 1787 (land to new states for public schools)

US office of edu (becomes us dept of edu)

Smith-Hushes Act 1917: vocational edu for agriculture

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, federal impacted areas aid program, national defense edu act (science and language push)

Centralized Federalism: elementary & secondary edu categorical grants to schools (ESEA 1965 MOST IMPORTANT)

New Federalism: edu consolidation & improvement act (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: focus on ESL, special edu, minority/poor students

Common core: one size fits all policy; focus on math & English

TX HAS NEVER ADOPTED COMMON CORE

BIG ISSUE: who funds common core? Who has oversight?

***Debate: shared national standards v state flexibility, traditional policy domains, state's rights

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

Desegregation, equity in public school funding, search for edu excellence (STAAR exam)

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

Property taxes

Property wealthy districts have better funded schools; poor districts have poor schools

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

Chapter 41 (property wealthy districts) share tax revenues to poor districts

Chapter 42 poor districts keep own local property tax & recapture funds

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

Establish colleges & universities

Lots of state regulation (tuition, financing, reporting, research, curriculum reqs)

Share responsibility for funding

What is the Morrill Act?

Federal land given to states

To establish colleges & universities 'for the benefit of agriculture & the mechanic arts'

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

Appropriation: state budget (DECLINING)

Interest from permanent university fund

Student tuition & fees (makes up for appropriation decline)

Grants, endowments, donations etc

How has the funding of public universities changed over the last few decades, and especially since the U.S. financial crisis?

Public universities becoming less public

2003: revenue shortfall due to economic downturn TX legis wanted to balance budget wo tax raises State legislature gives tuition setting power to the colleges (+140%)

State legis has considered tuition freezes & cuts

What are some consequences of TX colleges having tuition power?

Consequences: long-term decline in per-student state appropriations, inflationary pressures