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State police powers - policy powers
Broad power to make laws for the general welfare of their communities to promote. health, safety, welfare, and morals.
Public order and safety
police, firefighters, jails, prisons, and corrections, and criminal law
social
public schools, higher education, public health, welfare, medicaid, food stamps, insurance trusts, and regulation of state insureres
economic
transportation, infrastructure, utilities, land use, property sales, licensing , regulation, contracts and civil law
demography
studies populations and their characteristics - age, race, gender
public policy is created
by the people and or their elected representatives and for the people of the community being governed
what is the proper role of the government?
to maintain order, provide public goods, and promote equality
totalitarianiam
unlimited government power - society often commandeered by the state for this control to work
anarchism
no government and no government power
socialism
through government, society itself owns and controls provision of basic goods and services
capitalism
individuals own and control provision of basic goods and what is done with them - delivers efficiency for those who can participate in the market
social freedom
values individual liberties even at expense of having an orderly society
social order
prioritizes public safety and decency above individual freedom and expression
conservative
highly value social order and economic efficiency
Liberal
highly value social freedom and economic equality
libertarian
highly value social freedom and economic efficiency - stress individual autonomy and minimalist role for government
populist
value government intervention in economy to benefit average citizens against wealthy and powerful
hybrid political cultures
aspects of more than one culture apparent in their political attitude, beliefs and styles.
unitary system
national government creates sub-national government and gives them power. sub-national governments have no independent activity but are mere administrative units
Confederation
central government has only those powers given to it by sub-units
federal system
power constitutionally divided between central government and subnational governments
federal systems are most common found in
larger countries that are diverse and with longstanding historical divisions
cases for Federalism
protects against tyranny, decentralizes political power, more opportunities for political participation, greater efficiency
cases against federalism
potential conflict with national interest, creates complexity and confusion, reduce government accountability
federalism in the US Constitution
does not mention federalism but defines legal powers of government and limits on those powers
enumerated powers
17 explicit grants of congressional authority including tax and spend, regulate commerce, war, treaties, coinage, post office.
implied powers
stemming from necessary and powers clause
supremacy clause
this constitution and the laws of the US are basically the supremacy clause. federal law prevails and federal law preempts state law
denied powers
states denied the powers of treaties and alliances, war, taxing imports or exports, coining money, and cannot enter into compacts without consent of congress
10th Amendment reserved powers
the powers not delegated to the US by the Const., nor prohibited by the states are reserved to the states
states have the police power
this is the power to make laws for the general welfare of their communities for health, safety, welfare, morals
states obligations to each other
access to public records and judicial proceedings, extradition, privilege and immunities
McCulloch v. Maryland
created the doctrine of implied powers and limited states ability to impede federal government
gibbons v. ogden
held that power to regulate commerce includes power to regulate navigation and states cannot interfere with congressional commerce power even if congress itself is not regulating it
general welfare clause
congress has the power to tax and spend for the general welfare of the US
land-grants
morrill land-grants acts
16th amendments
progressive income tax of corporations and individuals, fundamental shift in federal revenue
categorical grants
money tied to specific narrow projects with more federal oversight and control
general revenue-sharing grants
short-lived policy giving states federal money with essentially no strings attached
block grants
money given for a broad function such as public health or community development. states and communities have more discretion in choosing the projects getting the funds
federal government cannot coerce
but states are heavily reliant on federal aid
dual federalism
1789-1933 - clear division between national and state function
cooperative federalism
1933-1964 - governments mix resources to solve common problems and advances shared interest
centralized federalism
1964-1980 — fiction of cooperation and federal government assistance breaks down
new federalism
1980-2002 - devolution revolution transfers back some policy responsibility to states
ad hoc federalism
2002 - partisan convenience
similarities and differences for the constitution
state-level separation of powers, systems of checks and balances, similar hierarchy of governments, have bill of rights
direct democracy
progressive reformers wanted citizens themselves to be able to make laws, can initiate and ratify
traditional distinction
constitutions supposed to be higher law, they govern governments and set rules and procedures for decision making
texas constitution of 1876
long and poorly organized, many details of public policy and government organization
texas and US constitutions
3 branches, separation of powers among branches/departments, limited government
formal constitutional change
amending or replacing a constitution is a 2 step - proposal and ratification - require supermajority
legislative proposal/legislative referral
state legislature both drafts and passes amendment, often with supermajority requirement
popular initiative
a type of direct democracy, citizens offer proposal to an overnight body and language is cleared to circulate (18 states)
constitutional convention
legislature proposes calling a convention to voters via referendum, delegates are elected
constitutional commission
legislative creates appointed commission to study and recommend changes
texas constitutional amendments
proposed by 2/3 vote of both houses of TX Legislature, ratified by simple majority of voters
how does the government fund itself ?
taxes, grants, fees and licenses, interest on investments, direct sales, borrowing, gambling and or lottery
tax rate
base rate at which something is taxed
effective tax rate
after deductions, exemptions, etc.
exemption
not taxed
deduction
subtracted from total amount taxed
credit
applied against amount you have to pay
tax base
what is being taxed
tax burden
percentage of income paid in taxes, statement about distribution of the costs of taxation throughout society
progressive
higher income groups pay a larger share - federal and some state income taxes
regressive
lower. income groups pay a larger share - sales and excise taxes
proportional
all income groups pay some percentage - tithe or other flat tax
Income tax
used by the federal government and 43 states. tax base personal or corporate income subject to taxation, tax rate is usually progressive and tax burden is widely accepted as progressive based on AGI
sales tax
used in 45 states and DC, tax base sale subject to taxation, tax rate is fixed and tax burden is regressive
excise tax
tax base is sales of particular items, tax rate is fixed and tax burden is regressive
property tax
tax base is property subject to taxation, tax rate traditionally fixed by the mill rate and tax burden is regressive
state tax structures
tax structure refers to overall structure of taxation in a state as a whole
taxation in texas
low state taxes, no state income tax, no state corporate tax but does have a gross receipts tax and high local taxes
the budget
most important policy statement of any government, spending of public funds authorized by law via appropriation bill
budget terms
revenue: income received by government, expenditures are goods and services purchased and provided with governments funds
expenditures
earmarked funds, general funds, uncontrollables
playing the budget game
agencies request more funds than previous, often give budgeters something to cut