STATE & LOCAL GOVERNMENT

FEDERALISM: One Nation and Fifty States

Powers of the StatesNone specifically listed in Constitution10th Amendment: gives to the states or the people all powers not given to the federal government.

Separate Powers: states – create schools, federal – coin moneyBoth: provide public assistance (government programs that give to people in need).Examples???

State ConstitutionsNorthwest Ordinance of 1787 – requires new states to have constitutionsContent & Structure

More detailedTax structurePassed ballot proposals

(Proposal 2) Stem-Cell Research

State ConstitutionsState constitutions are much more specific/longer

LawsTaxes

Similar in formatPreambleSet-up (legislative, executive, and judicial branches)

Changed more often – less flexible18 states have constitutional initiative – Need 317,757 to propose a Michigan Constitutional Amendment

Federalism in ActionPowers to the States -- Local issues

EducationTransportationHealthcareExperimental programs – resources/environment

Powers to the National Government – Broad issues

Some problems too big for state to handle.National security

STATE LEGISLATURES

Who are State LegislatorsA full time job today.

Early American history = ruralNot many legislatorsNot needed full time

In Michigan38 Senators110 Representatives

Who are State LegislatorsMichigan is bicameral – Our Legislative Branch contains two houses.In some states the lower house (better known as the House of Representatives) has been referred to as:

AssemblyGeneral assemblyHouse of Delegates

Upper House known as the Senate

Who are State LegislatorsQUALIFICATIONS….In Michigan

Senators & RepresentativesU.S. Citizen21 years oldNo felonies/subversions within past 20 years

Michigan has term limits!!Senate – may serve 2 four-year termsHouse of Representatives – may serve 3 two-year termsPros/Cons???

Joe Hune, District 22

SESSIONS

Most states hold annual sessionsCan be as long as 6 months or 20 daysGovernor can call a special sessionsIn Michigan…

Senate meets T, Wed, & TH at 10:00 a.m.House of Representatives meets T & Wed at 1:00 p.m. and TH at 10:30 a.m.Tom Cochran, District 67 above

Representative Tom Cochran (D)

REPRESENTATIONEvery seat is apportioned – divided into districts by population

Seats are reapportioned every 10 yearsIn Michigan each district has…

Senate = 212,400 to 263,500 residentsHouse of Representatives = 77,000 - 90,000 residentsAccording to 2010 CensusWhen will districts be re-divided???

MAKING LAWS – Powers of the PeopleInitiative – citizens propose laws (citizens gather signatures on a petition and the proposed law is put on to a vote in a state-wide election).

Only 24 states allow voter initiativeIn Michigan, need 258,088 signatures to put on ballotNeed 322,609 to propose a Michigan Constitutional Amendment

Referendum – Legislature passes a law and people are allowed to approve or reject it.

In Michigan, need 161,305 signatures to approve/reject.

Recall – process for removing an elected official from office

Checks and Balances

Legislators approve officials appointed by governor.

Approve governor’s budget

Power of impeachment over executive and judicial branch.

FINANCING STATE GOVERNMENT

Taxes = Revenue (state income)Sales tax: charges made on purchases of goods and services (Michigan = 6%)Excise tax: charge on certain goods (evil goods) such

as gasoline, alcohol, and tobaccoIncome tax: a tax on what businesses and individuals earn

States can choose taxesLicenses, lumberSome states do not have sales tax (MT)

Revenue

FEDERAL FUNDSCategorical Grants – Money given for specific purposes

road repair, job trainingCertain criteria must be met before state can use the moneyExample: “Race to the Top”

Block Grants Money given for broad purposes (education)States decide which programs receive fundsExample: Federal Recovery and Reinvestment Act - Stimulus

OTHER SOURCES OF REVENUEBonds – certificates (piece of debt) people buy from the government

Government pays back money paid in, plus interest

LotteriesConstitute 5% of total revenue of the state40% of lottery income pays for Michigan education

State Spending – Where does the Money Go?

Where does the money go?

STATE EXECUTIVE

The Roles of Governor – Rick Snyder

Chief Executive – oversee the executive branch and ensure laws are enforced

Appoint members of the executive branch.

Commander in Chief – can call on state militia or National Guard

The Roles of Governor – Rick Snyder

Legislative LeaderPropose legislation in the form of a bill, budget, or speechTalk with legislators and/or gain public supportVeto legislation; Congress can override with over 2/3 vote

The Roles of Governor – Rick SnyderJudicial Role

In Michigan, the governor can only appoint judges if the judge dies, becomes ill, or retires during an elected term.Pardon: reduce or overturn the sentence of convicted persons

Qualifications & Terms25 years oldAmerican citizenMichigan residentMay serve two 4-year terms (in Michigan)

Lieutenant Governor – Brian CalleyPerforms gubernatorial duties in governor absencePresides over State Senate

Tie-breaking vote

State Administrative Board Member – represents governor at local, state, and national meetings.Other delegated responsibilities

Secretary of State – Ruth JohnsonAfter the Lieutenant Governor, the Secretary of State is next in line for the governorship.In charge of official records and documents

Think DMV (long lines….)

Supervises electionsServes a four – year term

Attorney General – Bill SchuetteState’s chief legal officer – attorney for the State of Michigan

Represents the government in litigation (such as child support, healthcare, ect.)

Elected position in Michigan – serves four year terms

State Treasurer – Kevin Clinton

Michigan Department of Treasury’s Mission: “Treasury exists to provide quality financial, tax, and administrative services.”Oversees state’s financial affairs

State Executive Agencies

Carry out the day-to-day work of the executive branch.Departments

Health, revenue, natural resources, education

One of the agency’s major responsibilities is to ensure state education laws are enforced.

STATE COURTS

Michigan’s State Court SystemConsists of the following:

Trial CourtsCourt of AppealsMichigan Supreme Court

Michigan “Hall of Justice”

Michigan Trial CourtsHear criminal & civil casesOriginal JurisdictionIngham County has 5 trial courts:

1. 30th Circuit Court Circuit Court handles more serious

matters (higher fines and punishments)

2. 54A District Court3. 54B District Court4. 55th District Court5. Ingham County Probate Court (wills,

estates, guardianship)

Michigan’s Court of AppealsOriginated in 1965 with 9 judges

By 1993, there were 28 judges and several courts

Average 8,000 cases annually

Mandate: “To secure the just, speedy, and economical determination of every action and to avoid the consequences of error that does not affect the substantial rights of the parties.”

Michigan Supreme CourtThe “Court of Last Resort”Seven justicesQualifications include:

License to practice law for five yearsMust be under 70 years of age

Court receives over 2,000 applicants annuallyResponsible for the general administrative supervision of all the courts in the state, and establishes the rules for practice in the courts.

                                                                                                                                                  

                         

Michigan Judges

State judges are electedAdvantages: responsible to the public, check on other branchesDisadvantages: qualifications??

Missouri Plan: governor appoints a judge from a list prepared by a commission of judges, lawyers, and/or citizens.Length of term varies (depends on court level- most terms run 4-15 years.Most states have judicial action committees to monitor judicial activityIn Michigan, most judges are selected by popular vote.

The Sentencing of Billy Thomas

LOCAL GOVERNMENT:Types of Local Government

Counties and Townships

Oldest unit of government is the countyCounty government originated in EnglandColonies were divided into counties to carry out laws in rural areasDistance to county seat set the boundaries of many counties.

County OfficialsBoard: group of people who manage the business of an organization

Also known as commissions3-5 members (commissioners)Organize county programs and pass ordinances (local laws)

Share power with other boardsMost commonly know county official = sheriff

District 13-Commissioner Randy Schafer

Republican.  Served as Commissioner: 1985 - present.  Committee Assignments: Law Enforcement Committee, Judiciary Committee.  Represents District 13 - City of Williamston, Villages of Webberville, and Stockbridge, Locke, Williamstown, LeRoy,

White Oak and Stockbridge Townships.

TownshipsIn the Midwest, counties were divided into townships.Purpose: create schools, roads, and carry out other duties.Today most township duties are done by city and county governments.Townships elect representatives to serve on the county board.

Stockbridge – 1859 Topographical Map

New England Towns

Towns originated in New England (colonies)Rural governmentVoters met annually at town meetings to pass laws, set taxes, and decide how money should be spent.

Churches, schools, homesDirect democracy still exists today

Special Districts

Unit of government that provides a single serviceMay serve one community or severalBoards run most special districts

Schools, transportation, parks, fire, pest controlSMAA is our athletic district

Cities Municipality – government that serves people who live in an urban area

Most municipalities are called cities, especially those that serve large populationsIn some states, municipalities that serve small populations are called towns or villages

Today, a mid-sized American city has between 25,000-250,000 residents

CitiesMunicipality government must meet a wide assortment of needs

Drug abuse programsPollution controlCommunity healthWater & SewerWaste Management

Boundaries set by stateSome write charters, or government plans, that must be state-approved.

City GovernmentsCity governments follow one of three plans:

1. Mayor-Council PlanStrong MayorWeak Mayor

2. Council-Manager Plan3. The Commission Plan

Mayor-Council PlanOriginated in EnglandMayor – executive and Council – legislative35% of U.S. cities utilize this planTwo major types:

Weak-Mayor PlanStrong-Mayor Plan

Lansing Mayor Virg Benero

Weak-Mayor Plan

No special mayoral (executive) powersCouncil has greater powerCouncil elected by the people; acts as both legislative and executive

Makes ordinancesDecides on taxing and spending

Council selects the mayorKeeps power in the hands of many

Strong-Mayor PlanRelationship between mayor and council resembles the President and CongressCouncil makes ordinancesMayor is elected by voters

Responsible for budgetMaking city policyChoosing officials

Detroit Mayor Dave Bing

Council-Manager PlanGOAL: Run government like a businessHistorical Purpose: rid city government of political machines and briberyCouncil chosen in election; no political tiesCouncil makes ordinances and hires a city manager to handle day-to-day businessManager free of political pressure; not electedUsed in over 2,000 cities

The Commission PlanFirst appeared in Galveston, TX in 1900

City destroyed by hurricane; weak mayor could not handle rebuilding

Voters choose several commissioners to make ordinancesEach commissioner also directs a city department, such as public assistance, water, educationDisadvantages:

no strong leader to deal with budget issues and No way to encourage department cooperation

Final ThoughtsCitizens determine the success of the community

Most cities seek advice from residents; so give it!

LOCAL GOVERNMENT: Services & Revenue

Vocabulary CheckUtilities: services needed by the public, such as water and electricity.

Zoning: laws that divide a community into areas and determine how land can be used’

Intergovernmental Revenue: money given by one level of government to another.

Education

Most local governments spend a majority of funds on educationMichigan is different; education is funding through sales tax.State officials stet standards for employees and buildings in the school district.Federal Government helps fund buildings, school lunch programs, and programs with children with special needs.Local vs. State Control:

Local: citizens/staff know what children of the community needState: Ensure standards are met and that each child has equal opportunity.

Utilities

WaterGasElectricitySewageGarbage Collection

Local Government Spending: 1988-1999 U.S. Census Bureau

Health and WelfareWelfare is paid for by local, state, and federal governmentsOver 30 million Americans receive some sort of welfare. Types?Local officials carry out state health laws, inspect restaurants, markets, and hotels, to ensure federal standards are met.

Land UseZoning separates a community into distinct areas – commercial, residential, industrial

Zoning prevents a factory being built next to a house.

Zoning is used to control the growth of communities.

PoliceFirefightersAmbulance911 ServicePeople are hired to ensure that safety rules are followed.

Building codes and fire codes.

Public Safety

Revenue: Paying for ServicesLocal governments depend on several sources of money.Taxes

25% of revenue for local government comes from property tax.Sales tax is another tax that brings in revenueMileages

Revenue: Paying for ServicesService Charges and Profits

Charging for building inspections to meet safety codesBridge tolls, park entrance fees, and parking meters

Revenue: Paying for ServicesSharing Revenue

Federal and state governments often give money to local governments, also called intergovernmental revenue.

Grants: usually designated for a specific purpose

Block Grants: allow local officials to decide how to best use money

Limits on RevenueMany times demand is greater than the amount of money available.Power of tax is controlled only by the stateThe state also controls what the money is used for and how much taxes will be.

Revenue: Paying for ServicesBorrowing Money

When taxes do not cover costs, bonds can be sold by the state government.

Bonds can be sold, for example, to construct schools.

LOCAL GOVERNMENT: Conflict & Cooperation

The Government Hierarchy

Conflict develops through layers of overlapping government.

Local government answers to the peopleLocal government answers to the stateState governments all answer to the federal government

Eventually, the most important cooperation is between the government and the people directly.

Relations Three types of cooperation exist between the government and the people:

Relations between local governmentsRelations between local and state governmentsRelations between local, state, and federal government.

Relations between Local Governments

Cooperation:Council Government: where neighboring counties hold meetings to meet needsConference of Mayors: a way to link local governmentsShared emergency services and public facilities

Conflicts that usually occur:EconomicZoning

Relations between Local and State Governments

Home rule: the right to write one’s own charterThe local and state government can have conflicts that take years to decide:Cooperation:

Public use of transportation or education Highway commissions State Employee testing

Relations between State, Local, and Federal Governments

Key to the relationship: Money!Federal gives money to state to divide up among local governmentsFederal can give directly to local governments

Conflict occurs in Spending:How local government spends money can be restricted by national needs (homeland security).

CooperationPollution is an effort that is regulated at all levels and requires aid from all levelsFBI and Homeland Security