State & Local Government (Chapter 14) Comprehensive Study Notes

Introduction

National-level politics dominate media, yet state & local governments (SLGs) have the most direct, daily impact (roads, water, tuition, etc.)
Chapter explores:
- Sources of SLG authority
- Cultural & structural differences across states
- Power tensions among federal, state, county & city levels
- Roles/powers of governors, legislatures, counties, municipalities

14.1 State Power and Delegation

Historical Shifts
- Articles of Confederation (1781–1789)
- States held predominant power; Congress lacked executive, judiciary, direct taxation authority
- Amendments required unanimous state consent; each state had one vote regardless of population
- Inefficiencies: inability to compel war-debt payment, tariff vetoes, economic instability
- Constitutional Convention (1787)
- Created federalism → power shared between federal & state governments
- Added executive (President) & judicial (Supreme Court) branches
Constitutional Clauses & Powers
- Expressed/Delegated Powers
- Congress: $\text{Art. I, Sec. 8}$ (tax, spend, declare war, regulate commerce, etc.)
- President: $\text{Art. II, Secs. 2–3}$ (commander-in-chief, treaties, appointments, etc.)
- Elastic / Necessary & Proper Clause $\text{Art. I, Sec. 8}$ – implied powers (health care, interstate commerce regs, etc.)
- Supremacy Clause $\text{Art. VI}$ – federal law prevails over state law
- Reserved Powers $10^{\text{th}}$ Amendment – powers not delegated to U.S. nor prohibited to states are reserved to states/people
- Concurrent Powers – shared (taxation, highways, law enforcement)
Amendment Process & State Role
- Amendments proposed by $\frac{2}{3}$ of Congress OR national convention (never used)
- Ratified by $\frac{3}{4}$ of state legislatures or conventions
- 21st Amendment only one ratified via state conventions
- 27 states (2015) petitioned for balanced-budget convention (needs 34)
Evolution of Fiscal Federalism
- New Deal (1933-1939) – FDR expanded federal role; initial SCOTUS resistance (e.g., Schechter Poultry v. U.S.) → later acceptance
- Great Society (1960s) – LBJ’s Medicare, Medicaid, Food Stamps expanded social safety net; partnered with & funded states
- Growth in federal spending surpassed states post-1940; widened 2000-2010
- Categorical Grants – $federal\$ \rightarrow states$ with conditions
- Unfunded Mandates – federal requirements without funds; Unfunded Mandates Reform Act (1995) demands CBO cost estimates
- Devolution Examples
- 1996 Welfare Reform: states got flexibility (work reqs, time limits)
- Abortion regulations, medical marijuana, same-sex marriage patchwork
Sub-state Power
- Constitution silent on state–local relations
- Dillon’s Rule – localities are creatures of the state; state supremacy
- Home Rule – charters grant local autonomy; conflicts (e.g., Texas overrules Denton fracking ban, 2015)
- Local Finance
- Major revenues: intergovernmental transfers, property tax
- Issues: visibility/unpopularity of lump-sum property taxes; tax-exempt property (Boston ~50%); housing bust (2007) cut valuations → bankruptcies (Detroit 2013)

14.2 State Political Culture (Daniel Elazar, 1966)

Three Cultures & Traits
1. Moralistic (Upper NE, Upper MW, West Coast)
- Govt = positive force for common good; high expectations of honesty; expanded programs for general welfare
- Encourages mass participation; easier registration, mail-in voting (Oregon pioneered 1998; automatic registration 2015)
- Merit-based public service; openness to third parties
1. Individualistic (Mid-Atlantic through Midwest/Plains)
- Govt = marketplace to address individual goals; limited to demand-driven services; tolerance for corruption
- Politics = professional career; party machines compete for patronage (e.g., NJ tax incentives for Camden businesses)
1. Traditionalistic (South, some Southwest)
- Govt = maintain social order; elite dominance; low participation, restrictive voting laws (photo-ID requirements)
- Policy change only if elites favor; higher poverty & obesity rates (CDC data)
Critiques of Elazar
- Immigration patterns now Latin America/Asia; diffusion changed
- Urban–rural divides within states (Atlanta vs. rural GA)
- Culture hard to quantify; may lack explanatory precision today

14.3 Governors & State Legislatures

Formal Powers of Governors

Year-round, single executive → more leverage than U.S. President vis-à-vis legislature
Agenda Setting: State of the State address, executive budget proposal
Veto Powers
- General veto (override usually $\tfrac{2}{3}$ legislature)
- Line-item veto (most states); Amendatory (~30 %); Reduction (few states incl. TX)
- WI’s historic “Vanna White” & “Frankenstein” vetoes curtailed by 2008 referendum after abuses (Gov. Doyle)
Special Sessions – call legislature for urgent issues (budget gaps, redistricting)
Appointments & Pardons – commute sentences (NJ & IL death-row commutations), fill vacancies
National Guard Activation – emergencies (e.g., NY snowstorm 2014; Governor Cuomo)
Intergovernmental & Party Roles – NGA lobbying, recruit business (Gov. Abbott letter to GE; Perry tours CA), campaign for party candidates
Constraints – plural executive (separately elected AG, Lt. Gov.), opposition legislatures (divided govt), economic downturns, unfunded mandates, crises

Legislature Functions

Lawmaking – draft, debate, pass bills; sources: constituents, interest groups, governor, diffusion from other states/federal
Representation
- Delegate vs. Trustee models (Edmund Burke)
- Constituency service: casework, events, bringing to district
Oversight – monitor bureaucracy, hold hearings, audits

Composition & Professionalism

49 states bicameral (NE unicameral, nonpartisan)
Chamber size: Houses – AK 40 (smallest) to NH 400; Senates – AK 20 to MN 67
Term length: most House 2 yrs, Senate 4 yrs; implications for campaigning & specialization
Diversity (2015)
- Women \approx 24.3\% $overall; >40% in CO & VT; <15% in AL, LA, OK, SC, WV, WY</li>\n<li>African Americans ~9% vs$ 13\% $population; Latinos ~3% vs$ 14\%
Partisan Control (2014)
- 26 states GOP legislature, 20 Dem, 4 split; influences agenda, committee chairs, veto overrides
Legislative Professionalism (Squire Index)
- Metrics: salary, session length, staff support
- Professional: CA, NY, PA (full-time, high pay, large staff)
- Citizen: NH, ND, WY, SD (low pay, short sessions)
- Hybrid: majority of states; professionalism ↑ competition & expertise

14.4 State Legislative Term Limits

Status (2023 data similar): 15 states enforce term limits; 6 repealed (via courts or legislature)
Types
- Consecutive – serve set years (commonly 8) then sit out before running again
- Lifetime Ban – one-time maximum (e.g., OK)
Adoption Waves: First 1990 (CA, CO, OK); big wave 1992; last adoption 2000 (NE)
Pros (Supporter Arguments & Advocacy ex. U.S. Term Limits)
- Inject “new blood” & ideas; curb careerism
- Increase diversity, competition, voter interest
- Encourage policy focus over reelection motives; enable younger leaders
Cons / Empirical Findings
- No significant increase in women/minorities representation
- Loss of experience → legislators rely more on lobbyists & executive agencies → shift power away from legislature
- Potential decline in oversight capacity, institutional memory
- Voter dissatisfaction when favored incumbents forced out

14.5 County & City Government

County Government

Scope: \approx 3{,}000 counties; administrative arms of state
Structures
1. Commission system – elected small board handles both legislative & executive duties (most common)
2. Council–Administrator – elected council hires professional administrator
3. Council–Elected Executive – elected council + separately elected executive with veto/budget powers
Elected Officials & Roles: sheriff (law enforcement), clerk (records/elections), treasurer, assessor (property valuation), coroner, engineer (infrastructure)
Services: roads/bridges, courts/jails, libraries, hospitals, parks
Funding: property taxes, sales-tax share, intergovernmental grants

Municipal Government (Cities/Towns)

Numbers: \approx 19{,}500 $municipalities;$ \approx 16{,}500 townships
Structures
1. Mayor–Council
- Strong Mayor: veto, appointments, budget (executive–legislative split)
- Weak Mayor: largely ceremonial; council dominant
1. Council–Manager
- Elected council (may include separately elected or internally chosen mayor) appoints professional manager to run admin
Responsibilities
- Water, sewage, garbage, zoning/building codes
- Police, fire, EMS, transit, streetlights, stadiums/parks (e.g., KC Sporting Park 146\text{ million}\$ tax-financed)
- Economic development & planning
Revenue Sources: property tax, user fees (utilities, trash), local sales taxes, business taxes
Professional Support & Networking: ICMA provides data, training, best-practice exchange

Key Terms (selected)

Amendatory Veto – governor returns bill requesting specific change
Dillon’s Rule vs. Home Rule – state supremacy vs granted local autonomy
Line-Item Veto – strike portions of spending bills
Delegate vs Trustee Legislator – represent expressed will vs independent judgment
Categorical Grant, Unfunded Mandate, Reserved vs Concurrent Powers, etc.

Ethical & Practical Implications

Balanced-budget convention debate: fiscal responsibility vs flexibility & risk of runaway amendments
Voting access: Oregon’s automatic registration vs concerns of coercion
Veto abuses (WI) illustrate tension between efficiency & democratic intent
Local property taxes: equity concerns, market volatility, tax-exempt property impact

Numerical & Statistical Highlights

Federal convention trigger: 34 $state applications;$ 27 filed as of 2015
Women in state legislatures 24.3\% (2015); CO & VT >40\%
Poverty highest in South; Detroit bankruptcy debt > 18\text{ billion}\$ (context)
Typical term limits: $8$ years; total of 15 states enforce

Study these points to grasp how U.S. state & local systems allocate power, vary culturally, and operate practically — knowledge essential for exams & real-world civic engagement.