open stax chapter 14

Constitutional Convention and Power Dynamics

• Historical Context

  • In 1787, framers addressed tensions at the Constitutional Convention

  • Key considerations included:

    • Representation of citizens in a population-diverse national government

    • Concentration of political power: legislative vs executive branches

    • State governments retaining rights from the Articles of Confederation.

State Power Under the Articles of Confederation

• Power Distribution

  • State governments wielded significantly more power than the national government.

  • Articles of Confederation framework allowed states considerable authority:

    • No presidential oversight and lack of federal courts

    • Each state appointed its Congressional representatives and collected taxes

  • Limited national government aimed to prevent any state from overpowering others.

  • Each state received one vote in Congress, and amendments required unanimous consent.

• Challenges Faced

  • The national government struggled with:

    • Conducting business and establishing financial credibility

    • Collecting Revolutionary War debt; states resisted tariffs.

Shift to the U.S. Constitution

• Delegates' Innovations

  • In 1787, the delegates proposed a new government structure instead of merely amending the Articles

  • Federalism Established: power shared between federal and state governments

  • Constitution introduced two new branches: executive (president) and judicial (Supreme Court).

• Power Allocation

  • Clearly defined responsibilities for federal and state governments

  • Delegated powers outlined in Articles I and II, and implied powers from Article I's elastic clause.

  • Supremacy Clause: federal laws and treaties take precedence over state laws.

State Powers Post-Constitution

• Sovereignty and Responsibilities

  • States retained powers such as:

    • Establishing local governments and defining their structure

    • Ratification of Constitutional amendments (3/4 state legislatures).

• Reserved Powers

  • Tenth Amendment emphasizes powers reserved exclusively for states unless delegated to the federal government.

  • States also have concurrent powers shared with the national government, e.g. taxation and law-making.

National Convention and Budget Balancing

• Proposal for Convention

  • As of 2020, 15 states sought a national convention to propose a balanced budget amendment

  • At least 34 states needed to convene, with concerns over emergency spending and fiscal support from the federal government.

Powers of State Governors

• Responsibilities

  • Governors act as the state's spokesperson, manage public policy, and oversee legislation.

• Legislative Influence

  • They initiate budget proposals and policy agendas, deliver State of the State addresses, and have various veto powers.

  • Engage with legislators to smooth passage of bills through relationships and influence.

Variability of State Legislatures

• State Legislature Composition

  • Most states have a bicameral legislature (except Nebraska)

  • Size and diversity vary: impacts on policy-making and legislative power relative to the governor.

  • Legislators can act as delegates or trustees for constituents, addressing community needs directly.

Local Governments and Their Functions

• County Governments

  • Counties serve larger regions and primarily manage administrative functions, usually structured as commission systems, council-administrator systems, or council-elected executive systems.

• Municipal Governments

  • Provide local services (water, sewage, safety) and are commonly organized under mayor-council or council-manager systems.

Types of Vetoes

1. Regular Veto: This is the most common type of veto where the governor rejects a bill and sends it back to the legislature, usually with an explanation. The legislature can override this veto with a supermajority vote.

2. Pocket Veto: The governor does not sign or reject a bill within a designated time frame (which varies by state). If the legislature is in session, the bill becomes law; if not, it does not.

3. Line-Item Veto: This allows the governor to reject specific parts or line items of a bill, usually concerning budget appropriations, while approving the rest of the bill. Some states grant this power, while it exists at the federal level for the president as well.

Systems of Government

1. Bicameral Legislature: Most states operate under a bicameral system, which consists of two chambers - typically a House of Representatives and a Senate. This structure influences the law-making process, requiring approval from both chambers for a bill to become law.

2. Unicameral Legislature: Nebraska is the only state with a unicameral legislature, meaning it has only one legislative chamber. This simplifies the legislative process but can limit checks and balances provided by a bicameral structure.

3. Council-Manager System: This municipal government system separates legislative and executive functions. A council oversees policy-making, while a city manager runs the day-to-day operations. This system aims for efficiency in governance and is used by many cities across the United States.

4. Mayor-Council System: In this system, a mayor is elected separately from the council and holds significant executive authority. The mayor may wield strong or weak powers depending on the city’s charter, impacting local governance dynamics.

Study Guide: Key Concepts and Terms

1. Type of Grants: The term describing financial assistance conditions for state governments is Crossover sanctions ( other types include Categorical grants, Block grants, and Unfunded mandates).

2. Powers Defined by the Tenth Amendment: The powers exclusive to state governments are referred to as reserved powers (others include enumerated powers and implied powers).

3. Dillon’s Rule: False. Dillon’s Rule restricts local governments’ powers, making them subordinate to state authorities.

4. Strengthening the Federal Government under the U.S. Constitution: Changes included the establishment of a stronger national government authority, creation of federal courts, a federal executive, and the power to tax and regulate interstate commerce.

5. Political Culture: In a traditionalistic political culture, the government is viewed as a means to maintain the existing social order.

6. Political Culture of Tolerance: Under an individualistic political culture, citizens may tolerate corruption and do not necessarily see political engagement as a civic duty.

7. Mail-in Voting and Automatic Registration: Oregon was the first state to implement all mail-in voting and automatic voter registration.

8. Representation: Officeholders who act in constituents’ expressed interest are known as delegates.

9. Type of Legislature: A citizen legislature typically has low salaries, shorter sessions, and limited staff.

10. Veto Type: A line-item veto allows governors to reject specific budget lines while approving the remainder of the budget.

11. Closest Branch to the People: The legislative branch is often considered closest to the people due to direct representation.

12. Term Limits: False. Under consecutive term limits, legislators cannot hold office again after their term(s) but may return in the future.

13. Common Term Limit: The most common term limit imposed is eight years.

14. Method for Overturning Term Limits: The most common method for overturning term limits is through a voter referendum.

15. Impact of Term Limits on Women: False; term limits have not produced a statistically significant increase in the number of women in state legislatures.

16. States with Term Limits: Currently, fifteen states have term limits in place.

17. Mayor-Council System: In a mayor-council system, the mayor chairs the city council and has significant executive authority.

18. Forms of County Government: The mayor-council system is NOT one of the three forms of county government, which include the commission system, council-elected executive system, and council-administrator system.

19. Primary Responsibilities of Municipal Governments: Municipal governments primarily provide essential local services, including water, sewage, emergency services, and community safety.

Key Terms

1. Amendatory Veto: A veto that allows a governor to send a bill back to the legislature with a message requesting a specific amendment.

2. Charter: A document that provides a framework and detailed account of local government responsibilities and areas of authority.

3. Commission System: An elected commission that serves as the governing body within a given county.

4. Consecutive Term Limits: Caps allowing a member of the legislature to serve for only a specified period of time in either the state house or senate and forcing a wait before the member can run again.

5. Council-Administrator System: An elected council that appoints an administrator to oversee the operation of the county government.

6. Council-Elected Executive System: A county government in which voters elect both the members of the council and the executive.

7. Council-Manager System: A structure of government in which elected members of the city council appoint a city manager to carry out administrative functions.

8. Delegate Legislator: A legislator who represents the will of those who elected them to office and acts in their expressed interest, even when it goes against a personal belief about what is ultimately in the constituency’s best interest.

9. Dillon’s Rule: A legal principle that holds state power and actions above those of local governments and declares state governments to be sovereign relative to local governments.

10. Expressed Powers: Those powers specifically provided to the Congress and the president in the U.S. Constitution.

11. Formal Powers: Those powers a governor may exercise that are specifically outlined in the state constitution or state law.

12. Home Rule: Principle that provides local governments some degree of independence from the state government, typically detailed in a charter.

13. Implied Powers: Those powers not specifically detailed in the U.S. Constitution but inferred as necessary to achieve the objectives of the national government.

14. Individualistic Political Culture: A culture that views the government as a mechanism for addressing issues that matter to individual citizens and for pursuing individual goals.

15. Lifetime Ban: A rule that members can serve only one time in the state legislature for the number of years allotted and may not run again.

16. Line-Item Veto: A state governor’s ability to strike out a line or individual portions of a bill while letting the remainder pass into law.

17. Mayor-Council System: A structure of government in which both city council members and the mayor are elected by voters.

18. Moralistic Political Culture: A culture that views the government as a means to better society and promote the general welfare.

19. Pardon: A governor’s action to absolve someone of blame for a crime and secure their release from prison.

20. Reduction Veto: A governor’s authority to reduce the amount budgeted in a piece of legislation.

21. Term Limits: Rules that restrict the length of time a member can serve in the state legislature.

22. Traditionalistic Political Culture: A culture that views the government as necessary to maintaining the existing social order or the status quo.

23. Trustee: An officeholder who believes they were elected to exercise judgment and to know best by virtue of having the time and expertise to study and understand an issue.