POS 3122 State & Local Gov Ex2

Where does more lawmaking occur? States or in Congress?

States

4 major functions of state legislatures

1. Consider & enact laws

2. Monitor accounts of bureaucratic agencies

3. Provide representation

4. Provide services for constituents

What affects how well legislatures accomplish the 4 legislative functions?

Legislative professionalization

3 components of legislative professionalization

1. Member pay

2. Staff support

3. Session length

Why do more professionalized legislatures consider & pass more laws? (function 1) (2)

1. Longer sessions: can get more done —> consider & pass more laws.

2. More support staff: can get more done —> consider & pass more laws + more constituent services

_____ (smaller, larger) states have more professional legislatures

Larger states have more professional legislatures

States with ____ (smaller, larger) economies contain more diverse interests demanding more laws.

States with larger economies contain more diverse interests, demanding more laws.

Why do more professional legislatures have more power to monitor bureaucratic agencies? (function 2) (2)

1. More staff: Allowed for more detailed laws, more legislative intent —> reducing leeway in bureaucratic implementation.

2. Ex post oversight: Legislators have more resources to maintain either police (rules committees, auditors) & fire patrol (legislators wait for people & interest groups) oversight over agencies

Why do more professional legislators have more representation? (function 3) (7)

1. Produce more/longer laws that align better w/voter preferences.

2. Members bargain more effectively w/governor over budgets (state).

3. Reduce turnover despite national partisan shifts.

4. Send more candidates to run for national office.

5. More Democratic legislators.

6. More diverse members in race (AA) & thought (more knowledgeable).

7. Higher campaign & lobbying costs.

Citizen legislatures (7)

1. Meet every other yr, briefly.

2. Little staff support

3. Little pay/no benefits

4. Malapportioned districts

5. Few or lax lobbying and ethics laws

6. Higher turnover, shorter terms

7. Cramped Capitols

Historically, state legislatures were most often ____ legislatures.

citizen legislatures

When did state professionalization begin to occur?

State legislatures started becoming more professionalized in 1960s & 1970s

Why did professionalization occur?

1. Supreme court rulings regarding districts.

2. Growing populations & economic development.

3. States gaining more policy powers over time.

4. Push by Ford foundation + interest groups.

When did movements against professionalization occur? Why?

1. Pushback against professionalization began in 1990s.

2. Voters saw legislatures becoming too full of political elites —> saw term limits as solution.

Term limits ____ (undo, encourage) the effects of professionalization, but usually found in ____ (professional, citizen) assemblies.

Term limits undo the effects of professionalization, but usually found in citizen assemblies.

On the congressional level, how can term limits be enacted?

Constitutional amendment

Arguments against term limits (5)

1. Less experienced legislators rely more on bureaucracies, personal staff, and lobbyists for info.

2. Legislators less able to bargain w/governors due to lack of info (staff may help).

3. Does NOT actually enhance representation of minorities.

4. Fewer candidates run overall: More competitive elections result in higher campaign costs & long-established politicians might refrain since their seat isn’t guaranteed for long.

5. Could worsen polarization: Term limits kick out older legislators who worked when politics was more moderate.

Arguments for term limits (4)

1. Could improve representation by forcing out older incumbents.

2. Could reduce campaign spending & lobbying since lobbyists know that they won’t be able to work w/member for long.

3. Bipartisan popularity

4. Caucuses (parties) tend to be more stable

Do congress members have term limits?

No

State legislative vs Congressional elections (3)

• Congress members don’t have term limits —> caucuses more stable than state legislatures.

• Congressional districts more consistently/solidly blue/red —> more incumbency advantage for CM’s.

• State legislative candidates face possibility of marginal/swing districts —> more shifting in state legislatures.

State legislative vs Gubernatorial elections

• Districts more consistently/solidly blue/red —> more incumbency advantage for CM’s.

• Gubernatorial more competitive —> higher info than legislative elections. Why: governors tend to be more accountable for economic state & have higher name recognition bc of statewide TV ads.

• State legislative candidates face possibility of marginal/swing districts —> more shifting in state legislatures.

More states tend to have ____, which are more stable

More states tend to have trifectas (gov, house, senate), which are more stable

US Senators have a ___ incumbency advantage than the House

US Senators have a higher incumbency advantage than the House —> equal # for every state —> equal voting power but no person to blame.

Collective action problems in legislatures (3)

• Difficult to make group decisions.

• Every member has equal voting power —> no one person to pin blame to.

• Collective action problems increase w/size —> larger assemblies and/or smaller districts have more pork barrel spending to build winning coalitions.

Pork barrel spending

Tendency to have bias towards their constituent districts & direct funding/gov benefits to home district in an effort to maintain votes instead of efficient policymaking.

3 solutions to collective action problems

1. Forming committees: Lobbyists get most involved here. Legislators organize their work, focus on particular issues (transportation, health) & divide & conquer.

2. Joining party caucuses: Provides general direction to increase consensus.

3. Electing legislative leaders: Keeps consensus in line.

What are the 2 forms of legislative oversight on executive implementation?

Police & fire patrol

Germaneness rules

Proposed amendments must be relevant to the subject of the bill. Only matters if legislator objects & flags for germaneness.

Committees

Small groups of legislators responsible for first considering proposed laws, amending them, choosing whether to recommend them to the full assembly.

Standing committees

Permanent w/established policy areas (ex: health, tourism)

Conference committees

Temporary, for 1 bill each where Senators & Reps sole responsibility is to create single unified bill to ensure both chambers agree.

Chairpersons (2)

• From majority party

• Sets committee agenda —> can stall bills

What are the 2 types of committee functions? (2)

• Informational: Research bills, call witnesses, provide feedback.

• Political: Gatekeep bills, kill unpopular bills, protect majority party.

Markup

Committees can markup proposals w/their own amendments (add their own stuff).

Each chamber sets their own ____.

Each chamber sets their own rules.

Vote threshold to end filibuster in US Senate is determined by ___.

Vote threshold to end filibuster in US Senate is determined by rules.

Caucuses

Informal groups of legislators divided by party or personal characteristics. Why? —> Legislators don’t fully understand bills they vote on but defer to co-partisans.

• Party caucuses have special rooms in some capitol buildings.

General bill to committee to law process (9)

1. Bill introduced

2. Bill referred to committee

3. Referred to subcommittee for hearings & markup (ex: subcommittee on transportation & tourism)

4. Committee action

5. Rules committee

6. Floor

7. Simultaneous action in other chamber —> both versions referred to conference committee.

8. Simultaneous chamber approval

9. Referred to pres or governor

____% of judges are elected at some point

90%

Missouri Plan (3)

• Spread rapidly during professionalization in 1960s-1970s

• Governor appoints 1 nominee from bipartisan nomination commission.

• Judge has retention election every so often to stay in offie.

FL Judicial selection

• JNC: Nonpartisan 9 member commission of lawyers & non lawyers nominate applicants for judge, submitting 3-6 names to the Governor.

• 5 appointed by Gov & 4 appointed by Bar

• Governor appoints 1, voters have retention election every 6 yrs. Must retire by 75.

Does the merit plan provide “better” judges?

Unclear: Provides more educated judges w/law degrees from higher ranked schools & more minority judges.

What kind of judge selection process produces the most accountable judges?

Partisan elections

Nevada court change in 2014 (3)

1. NV lacked Court of Appeals until 2014, when voters allowed such court.

2. Voters previously blocked the court’s creation for decades.

3. Why? Didn’t want more intermediaries/bureaucracy, higher gov spending

Judicial independence vs accountability (2)

• Judges more indep when appointed: Indep of political processes, which can lead to better judgement.

• Judges more accountable when elected: Decisions are influenced more by others. But sometimes, what voters want clashes w/conceptions of justice.

Merit plan (2)

• In more than 20 states.

• Committee nominates 3 candidates, governor appoints 1, voters retain at ballot box.

Which states have governors w/more formal powers? (3)

MA, MI, OH

Which states have governors w/less formal powers (3)

VT, NV, NC

Governors have a _____ approval rating than the president.

HIGHER

Governors have a ____ re-election rate than state legislators

LOWER

Gubernatorial elections are ____ and ____ compared to legislative elections

1. Gubernatorial elections are rarely contested compared to legislative.

2. Gubernatorial elections are less influenced by national party shifts & national economic conditions.

3 distinct gubernatorial responsibilities

1. Chief legislator

2. Managing the bureaucracy

3. Chief spokesperson

Plural executive councils

Executive council format where members share powers w/governor. Members are publicly elected.

Full package veto

Governor approves or denies the full proposal. ALL states have this.

Line item veto (3)

• Governor vetos goes line by line of the bill and vetos only parts of this.

• In 44 states (NOT ALL).

• Typically used for budgets.

Is a line item veto granted to the governor of FL?

Yes, but ONLY for budgets

Reduction veto

Reduces spending amount

Amendatory veto

Governor can rewrite the bill & send it back to the legislature. VERY rare.

Pocket veto (2)

• Legislature adjourns before the governor signs, governor intentionally doesn’t sign quickly —> isn’t technically killing the bill.

• In 11 states, NOT FL

Legislative veto

• Legislature overrides a rule created an executive branch department.

• In 24 states, NOT FL

In FL, the legislature MUST approve new rules that are ____ _____.

In FL, the legislature MUST approve new rules that are economically significant

FL elected positions in governor’s cabinet/executive (5)

1. Governor

2. Lieutenant governor

3. AG

4. Ag Commissioner

5. CFO

FL appointed positions in govern’s cabinet/executive

1. Secretary of State (oversees elections).

2. Education Commissioner/other commissioners besides Ag Commissioner

More elected officials —> ____ government

More elected officials —> WEAKER government

Informal gubernatorial powers (2)

1. Political capital: More popular —> can make more demands w/legislature.

2. Charisma: Linked w/greater compliance

Proposed rules enter the state ____ and the ____ oversees this.

Proposed rules enter the state register and the governor oversees this.

Approved rules enter the state ___ and the ____ oversees this.

Approved rules enter the state code and the Dep of State oversees this.

3 examples of issues bureaucracy use discretion when implementing and enforcing responsibilities mandated by the executive

1. State scholarship requirements.

2. Swimming pool safety

3. Professional standards

FL REINS Act (3)

• If a rule affects the economy (making the cost of the rule exceed $1 million over first 5 yrs), then the legislature MUST approve the rule.

• Governor cannot circumvent this.

• No legislative veto

FL Administrative Procedure Act 1975 State vs Federal Lvl (2)

• State lvl: Legislative committee reviews proposed rules & receives public feedback + affected parties. Some governors have stronger influence over this process (FL governor can influence a rule).

• Federal lvl: President primarily oversees rules.

Which type of court do some states have or not have?

Intermediate Appeals Courts, 42/50 have to help w/volume

In most states, first appeal courts are _____ ______ ______.

In most states, first appeal courts are intermediate appeals courts.

Discretionary jurisdiction

Upper courts (intermediate/Supreme) can choose which appeals are granted or which cases they want to hear.

FL has these 4 types of courts

• County courts: All 67 counties.

• Circuit courts: 20 in state.

• District Courts of Appeal: Intermediate courts.

• Supreme court

Supreme courts are generally ____ of _____ _____.

Supreme courts are generally courts of last resort.

What are the 3 types of cases supreme courts typically hear?

• Balance of power/constitutional questions

• Some criminal cases, usually involving capital punishment (death penalty).

• Appeals from IACs (most appeals denied)

How do Supreme Courts affect lower courts?

Set precedent w/majority opinions, which instruct & set tone for lower courts.

Do courts establish policies?

Yes, but only when the law is unclear. Courts do not rule on hypothetical scenarios or issues that haven’t happened yet (cases must present themselves), some will issue advisory opinions.

Bureaucratic capture

Interest groups persuade agencies do depart from executing policy consistent w/laws or statutes.

FL Administrative Procedure Act 1975 (4)

• 7 steps to rulemaking.

• Rules must implement or interpret particular laws. Cannot have rules for the sake of having them.

• Agencies publish rules and have 28 day window for comments.

• Economically significant rules require legislative approval (FL REINS)

7 Steps in FL Rulemaking Process

1. Statutory authority

2. Rule development

3. Proposed rule published

4. Public commentary & review (28 days)

5. Legislative oversight (JAPC)

6. Challenges (if filed)

7. Final adoption

FL has ____ laws than rules

FL has more laws than rules

Pendleton Act 1883 created: (2)

• Merit system

• Career civil servants

What are the 2 principal agent problems of bureaucracies?

1. Informational asymmetry

2. Bureaucratic drift.

What is a pro of patronage?

Creates connection between bureaucracy & elections —> if public doesn’t like appointed officials that the governor chose, they will not vote for the governor in next election.

What is a con of patronage?

May not result in most professional bureaucrats since selection was based on loyalty

What are 2 ways the legislature can monitor the bureaucracy

1. Legislative intent: Longer, detailed laws.

2. Ex post oversight: Fire alarm & police patrol

Contracting out

When bureaucracies pay private companies w/controversial practices; “wasting” your $$ to pay for something you don’t want.

Counties (4)

• Extension of state governments

• Holdover from English governance

• Many include incorporated territory

• Can have commission, commission executive system, or commission administrator

Examples of common county officials (5)

1. Sheriff

2. Clerk

3. Appraiser

4. Treasurer/tax collector

5. Auditor

Municipal charters

FL Constitution Art VII: “Municipalities may be established or abolished & their charters amended pursuant to general or special law.”

Council-manager government

Municipal system where there is either no mayor or a weak mayor. City manager has most power: professionally trained, better paid, not elected. MOST popular.

Commission system

Municipal system where there is no mayor & all city commissioners run specific departments. LEAST popular.

State pre-emption

State legislatures mandate what cities can or cannot do something, restricting city power. Might be utilized when local govs differ politically from state gov.

Home rule

City rules itself, empower cities → gives it authority to make unique rules applicable to only the city. Opposite to preemption.

Dillon’s rule

States determine what counties or cities can or cannot do.

Office of Fiscal Accountability & Regulatory Reform (OFARR)

Agencies submit rules for review but Governor cannot veto new rules. President can.