Final Exam Notes PDF

State and Local Government 1 The Collective Action Problem - Lawmakers must work together, but are held accountable individually. - Can be tough to get a large number of people to work...

State and Local Government 1 The Collective Action Problem - Lawmakers must work together, but are held accountable individually. - Can be tough to get a large number of people to work together and come up with a solution or answer to an issue. - Goal of the leadership is to stay in power. - Collective Action Problem - Committees - Jurisdiction is not always well defined. State Legislative Reforms - Legislative Professionalism– - Modeled after Congress - Legislators needed time, staff and pay - In the middle are hybrids - Compared to citizen legislatures - Pay is extremely low, in session for a short time. - We have active legislatures, but also careerism. - Term Limits - Limits professional politicians - 21 states adopted between 1990 and 2000 - May limit number of terms - May or may not apply to lifetime - Come back after 2 terms or are you not allowed to run again in your life? - Removes entrenched politicians - Increased turnover - New people in office rather than the stale members that have been there for years. - Time to learn the ropes - Learn how the lawmakers work and how they come up with laws and regulations. - Less focus on district - No worries on getting elected or re-elected in their state. - Reduced power of legislature relative to governor. Introduction to Governors - Governor is most visible state official State and Local Government 2 - Public knows him/her as the most popular state official. - Head of State - Chief Executive Officer - Chief Policymaker - Force policy by imposing restrictions and a number of other ways. Gubernatorial Elections - 48 States hold elections every 4 years - Some states at the same time as the presidency - Voting for Governor - Governors are more visible - Raise money easily - Skyrocketing costs to run for governor - Incumbency Advantage - Just because you run for re-election does not mean you will win. - Accountable for state’s economy - Effect of Party - National level forces State and Local Government 11/19/2024 Institutional (Formal) Powers - Appointment power - Can appoint different elected executive officials - Top level executive-level officials separately elected? Lieutenant Governor, Attorney Governor, Secretary State, Treasurer. - How far does the Civil Service System go? - Donald Trump wants to abolish the civil service system because he wants people who are more loyal than qualified. - Governors and Patronage Jobs - Tenure Potential - Length and Term - Lame Duck - Can not run again after term, can not pass laws or do significant damage. - Gubernatorial staff growth - Instruments to set legislative agenda - State of the state address State and Local Government 3 - Governors can call special session - Executive Orders - Have force of law. - Call out National Guard - Recognize control over bureaucracy - Set up study commissions - Respond to Federal rules, regulations, and initiatives. - Formal Powers - All Governors are stronger today - But variation - Southern states tend to have weaker governors stemming from reconstruction (Post Civil War) Informal Powers - Skills, Circumstances of the office, Charisma, Intelligence - Governors who hold these skills can relate or gather people behind them for their support or persuasion. - Persuasion - Presidential and governor power is the power to persuade - Political Capital - Perceived political power - How much power do you have? - Symbolic Head of State - Ribbon cuttings, free publicity, drive or rely on public opinion to do things. - Media Attention - Do you have a good working condition with the media? - Public Opinion - Partisan balance in legislature and divided government. - Larger State - Fewer rivals for power The Court System Two Essential Distinctions in the American Legal System 1. State Courts in the federal system a. 80,424 cases through federal court b. 5,287,438 cases through state courts. State and Local Government 4 c. NY alone outnumbers federal cases 9:1 d. Sometimes both federal and state matters have jurisdiction. i. (Both have the ability to rule or be involved.) e. New Judicial Federalism i. Interpretation of Rights 1. (State matter or Federal matter?) ii. Revolution in Tort Laws 1. (Laws that damage individuals.) iii. States greater role in crime 2. Criminal vs. Civil Law a. Criminal cases–law violations i. Stealing a car ii. Initiated by a prosecutor 1. Elected officials that decide if there is efficient evidence for a case. b. Civil Law–non-criminal disputes between people i. Landlords, trespassing laws, lawsuits of property or capital. ii. Disputes over contracts iii. Arguments based on case law or common law c. PURPOSE OF COURT IS TO DISCUSS UNCLEAR LANGUAGE OR LAWS IN THE CONSTITUTION. Generic Structure of State Court Systems 1. Supreme Court (0.4%) 2. Intermediate Courts of Appeal (0.8%) 3. Trial Courts (98.8% total) 4. General Jurisdiction Trial Courts (39%) 5. Specialty/Limited Jurisdiction Trial Courts (59.4%) Trial Courts - County, circuit, superior, district, etc. - Two Basic Functions - Establish Facts of case - Apply relevant law to facts - Procedures and decision-making - Adversarial arguments - Prosecution vs. Defense State and Local Government 5 - Adjudication by a neutral party - Cases decided by jury or - Bench Trials–Typically Judges - Uncertainty can lead to plea bargains. - When the prosecution or defense believes they have sufficient evidence so a plea bargain is made where the criminal can take a deal to shorten a sentence or verdict. - Civil cases may have out-of-court settlements - Lawsuits or threats to take a company or person to court could cause that company or person to settle and pay an amount to prevent going to court. Judicial Selection - Judges are selected in 5 different ways 1. Legislative appointment a. Post-revolutionary war era b. Legislative committee screens candidates c. Only SC and VA 2. Gubernatorial appointment a. NJ and ME b. Nominating committee may give options to the governor 3. Partisan elections a. In 12 states at least some judges are b. Mostly southern states. 4. Non-Partisan elections a. 21 states use this method b. West, Northwest, and upper midwest c. Low turnout to voting 5. The Merit Plan (Missouri Plan) a. Used in 24 states b. Nominating commission identifies qualified candidates c. Governor appoints one of the nominees for a short term d. Judge then faces voters in a retention election Reforms - Merit Selection - Government appoints a position based on your qualification for the job. - Merit selection process in civil service systems. - Adequate pay - Why be a judge if you make less than attorneys at other companies or partnerships? - Do you want the brightest legal minds or someone who barely passed the bar? - Longer Terms - Constant campaigning leaves no room to judge State and Local Government 6 - Better Representation - Women and minorities should be more represented on the bench. - Most judges are older white men. - Alternative Dispute Resolution - Not everything needs to go to trial/how can we avoid a trial? - Mediation is a process where a neutral 3rd party, called a mediator, helps parties in a dispute come to a mutually acceptable resolution. - Performance Measures - How do we evaluate a judge based on his performance on the bench?