STATE & LOCAL GOVT
STATE & LOCAL GOVT POLS 207
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Date Created: 10/21/15
1 Roles a Trustees State Legislatures i Acting Independently ii Representing the quotpublic interest b Delegates i Mirroring views of constituents ii Sublimating their own values 2 Resolution of Conflict and Representative a Democracy Work ofthe Legislative Branch ofthe Government i Pass Laws ii Consider Constitutional Amendments and Gubernatorial Appointments iii Approve Budgets iv Serve Their Constituents 1 2 Dealing with unique problems ofthe district quotcase workquot v Oversight to the Executive 1 Once policies are made or laws are passed it goes to the executive branch 3 Characteristics of Legislators a Structuraldeterminants Legislative b Requirements Texas i House 150members 1 2 3 4 Registered voter 21 years old US Citizen Resident of district for 1 year and resident of state for 2 years ii State Senate 31 Members 1 2 3 4 Registered voter 26 years old US Citizen Resident of district for 1 year and resident of state for 5 years c Usually the in formal determinants decided who is a member of the legislature i High status people ii Occupations usually 1 2 3 4 5 6 Lawyers Business owners Executives ConsultantProfessionals Full Time Legislators Real Estate amp Insurance FarmerRancher iii Occupational Requirements 1 Flexible Schedule 2 Extensive Public Contact iv Education 34 College Educated 14 of general population 1 Texas 78 College Degrees 16 in population 2 Most have attended college v Race amp Ethnicity 2007 2008 W Texas Population TX Legislature White NonHisp 5 53 6 71 Black 8 12 9 9 Hispanic 12 32 14 20 Oier 13 3 15 lt1 Gender 2009 1 Male 75 of the legislature 2 Female 25 of the legislature 3 In all state legislatures 24 of them are female 4 Structural Determinants Districts a US Supreme Court and Fair Representation i 1946 Colegrove v Green ii 1962 Baker V Carr Tennessee 1 14th Amendment used a Equal protection ofthe law requires one person one vote iii 1964 Reynolds v Simms 1 One person one vote applied to all state legislative districts 5 Structural determinants of who is there a Apportionment equity of representation i 1990 Texas house 109000 Texas Senate 550000 ii 2001 Texas house 140000 Texas Senate 600000 b Cannot deviate more than 5 c Districting i Resistance to reapportionment Gerrymandering 1 Drawing district lines for the political advantage of one individual party or group over another Derived from Governor Elbridge Getty Splintering dividing up a district to deny the election of a representative vi 5 quot 4 Packing concentration of voters in a single district to waste votes ii Goal of Redistricting 1 Protect incumbents 2 Protect the strength of majority party 3 Pass court challenges d Federal intervention in Redistricting i 1965 Voting Rights Act Passed 1 Numbers started to move up in getting racial minorities elected ii 1982 Amendment to the voting rights act iii New Court Challenges 1 Party Competition in the States 2008 a Governorships i Republicans 22 before the 2006 election 28 ii Democrats 28 before the 2006 election 22 b State Legislatures i Republicans before 2006 election 20 ii Democrats 27 before 2006 election 19 iii Split 16 1 One party is the majority in one house and the other party is the majority in the other house iv Nebraska Unicameral nonpartisan 1 Doesn t get counted 2 Growth of 2 Party system in Texas Legislature a Majority in the House and Senate is Republicans 3 Passing a Bill Through the Texas Legislature a Can go through the 2 houses at the same time or at different times but the bill has to look the same coming out of each house b House i First reading 1 Introduction and committee assignment 2 Committee action a Pass b Kill c No action d Refer it to a sub committee i Typically a kiss of death also ii Second Reading 1 Amendments introduction 2 Debate 3 Vote iii Third Reading the bill that has been amended 1 Formal Debate 2 Final Vote c Senate i First reading 1 Introduction and committee assignment 2 Committee action a Pass b Kill c No action d Refer it to a sub committee i Typically a kiss of death also ii Second Reading 1 Amendments introduction 2 Debate 3 Vote iii Third Reading the bill that has been amended 1 Formal Debate 2 Final Vote d Conference Committee Up or Down Vote i Can t be changed again or the process could go on endlessly e Most bills are killed The committees have tremendous power in determining if the bill is going to be looked at g Not an equal opportunity effort 4 Structural Constraints on Decision Making a Organization and Procedure Leadership Texas House of Representatives 150 members 1 Speaker Joe Straus republican 2 Elected by the house membership 3 Appoints speaker pro tempore close ally a Takes over if the speaker is out for some reason 4 Appoints all committee chairs and vice chairs 5 Appoints all members of calendars committee a Schedules the order that the bills are going to come out in 6 Some of the members of all committees modified seniority ii Leadership in the Texas Senate 31 members 1 Lieutenant Governor David Dewhurst republican 2 Elected statewide 2 year terms 3 Presiding officer legislative leader 4 Determines order that bills will be considered on the floor 5 6 h Appoints all members and chairs of standing committees Pro Tempore selected by the body ofthe Senate 7 Tagging a bill can stop any action on a bill for 48 hours 5 Professionalism of State Legislatures a Professional 9 states i Full time ii Large staff iii High pay b Professional Citizen 26 states i Moderate time ii Moderate staff ii Moderate pay c Citizen Amateur 15 states i Part time ii Small staff iii Low pay 6 Professionalism of Texas Legislatures a Sessions i Biannual every other year ii 140 Day terms iii Governor can call special sessions 1 Only the governor sets the agenda b Compensation 7200 Per Year i During years that they are in session their income goes up c Terms i House 2 years ii Senate 4 years d Staff i Good size well paid ii Classified as professional citizen legislature iii Good retirement pay can retire at age 50 with only 12 years in service State Governors 1 History a One of the earliest American public offices b Predated federal government c Colonial Heritage Powers i Enforcers ofthe law ii Control over armed forces iii Control ofjudiciary iv Veto of legislative acts v Dissolve legislatures 2 State Constitution Executives a Articles of Confederation i Not very open to the idea of giving people power ii Not defined as chief executive ii Some plural 1 Multiple people holding same roles iv Some largely honorary v Substantial power in state legislatures vi Many checks few balances 1 Only 4 elected governors directly 2 Other 9 appointed by legislatures 3 Evolution a Early 1800s strengthened b Late 1800s after Civil War weakened c Early 1900s mover for reform strengthened d Mid 1900s and later weakened e Current era strengthening 4 Gubernatorial Roles a Administrator Oversee the bureaucracygovernment b Legislator i Have a hand in what gets passed in the legislators ii Run on political agendas c Party leaders i Try to keep their party in the majority d Symbol of State Ceremonial Head i Making speeches opening ceremonies key note addresses etc e Chief representatives to other governments i Compacts made with other states are between other governors ii Lobby at the national level iii US Governor s Conference f Opinion Leaders voice of the media g Crisis managers h Economic development leaders i The economy of the state is placed on the shoulders ofthe governors ii Be out there hustling for business creating jobs etc 5 Formal Qualifications to be Governor in Texas a 30 years old b US Citizen c Resident of Texas for 5 years 6 Formal sources of gubernatorial power a Tenure Potential i Texas Governor fairly strong ii 4 year term iii No limit on number ofterms b Organizational control statewide elected officials i Governor Rick Perry republican ii Lt Governor David Dewhurst republican iii Comptroller Susan Combs republican 1 In control ofthe tax money coming into the state iv Attorney General Greg Abbott republican 1 Files law suites on behalf of the state and defends the state 2 NOT the prosecutor of the state v Land Commissioner Jerry Patterson republican 1 Manage public lands parks etc Agricultural Commissioner Todd Staples republican Texas Railroad Commissioners 1 Victor Carrillo 2 Michael Williams 3 Elizabeth Jones viii State Board of Education 15 members 7 Appointment and Removal Powers a Appointments i 285 Boards amp Commissions 3 to 18 members ii 6 year term staggered about 2500 appointments iii Governors term is 4 years b Requires 23 approval by Senate c Cannot remove predecessor s appointments d 23 of Senate to remove own appointments i Directly hired or fired by governor 1 Secretary of State 2 Executive Director of Heal and Human Services 3 Director of Federal and State relations 8 Budgetary Powers Weak a Governor s budget Reviewed b Legislative Budget Board LBB Serious E S i Members 1 Lt Governor 2 Speaker 3 8 Key Lawmakers 9 Legislative Powers a State Addresses Media Coverage b Special Powers Relatively Strong i 23 vote to override ii Line item veto on appropriations bill iii No pocket veto 1 Types of Law March 3 2009 Judiciary a Constitutional Law i Rules of the game b Statutory Law i Law that is made by legislative bodies ii Every time congress or legislation comes into session they pass statutory laws c Administrative Law i Rules regulations policies etc that are written by agencies in the bureaucracy ii Can be challenged in the court by statutory law d Common Law Case Law E39 55 Developed in the 13th century Judge made law Precedents Interpretation of statutes Gives predictability because we typically stay with what decisions were made in the past 2 Resolution of Conflict through the Judicial Branch of Government a Settle Disputes in Court i Civil Cases 1 Individual Rights 2 Litigation and Civil Suit is a way of dealing with the concept of responsibility 3 Concept of Responsibility not Guilty or Innocence a Plaintiff the ones that file the lawsuit i Usually a private person b Defendant the one that s being sued 4 Settled by quotpreponderance of evidence a Where does the evidence weigh on the scales 5 Remedy relief or compensation 6 quotLawyeringquot of America a Expanded Liability i We used to have a quotbuyers beware idea ii Now we believe that commercial products must do what they say they will do stand behind their products b Contingency fees i Lawyers say they will take a case and charge you nothing initially but if you win then they take somewhere between 30 50 of what you get c Third Party Suits 9 Pain amp Suffering and quotPunitivequot Awards quotJoint amp Several Liability i If there s only one person in all the people that are being sued that has money then they are the ones who pay for it all f Tort Reform i States place limits on quotPain amp Suffering and Punitive damages Alternative Dispute Resolution i Instead of actually filing a suit and take up court time the parties sit down with someone who is experienced and settle it themselves 5quot 2 ii Criminal Cases 1 2 5 9 5 N Public concepts of Proper or Moral Behavior Violations defined and punishments established in a state s penal code a Things that are not tolerated EVER Seriousness of Offense a Minor Misdemeanors A B C b Serious Felonies 1 2nd 3rd degree Case initiated by prosecutor on behalf of the public Plea of Guilty or Not Guilty Cases settled on basis of evidence beyond a reasonable doubt Punishment if Guilty b Norm Enforcement i Establishes new norms ways you re supposed to behave ii Becomes a way of life iii The enforcement of the law doesn t have to be nearly as active because we accept it as our normal behavior c Provide for Orderly Transactions i Probate ex when someone dies and doesn t leave a will the probate court deals with who gets the assets ii Keep us from getting really violent over disputes d Determine What the Law Is i Laws are written typically in very general terms ii Interpretation is left because they re very broad 3 Litigation and Lawyers a US is the most litigious society in the world b Courts used for resolving conflicts c Driven by number of lawyers 4 Federalism and the State Courts a State courts operate within the federal system article VI of the constitution supremacy clause i Forum Shopping ii Expanding Individual Rights b Most cases begin and end in state or local courts 97 o of all litigation is based on state laws or local ordinances 5 Court of Criminal Appeals a Handle all criminal appeals 6 Supreme Court a Handle all civil appeals March 12 2009 The State Court System 1 Supreme Courts 2 Intermediate Appellate Courts a 9957 anhrn Appellate Courts rarely do trials They mostly don t though In the early history none of the states had appellate courts None of the smaller states Montana Alaska etc have appellate courts Grounds for an appeal i Don t except anyone who says their innocent Must show an error in law ii The law that you are in trouble for is found unconstitutional Expensive to appeal at the intermediate appellate court No juries Multiple judges i Get the trial record from the trial courts 3 Trial Courts 4 US Constitutional Protections these all apply to criminal cases not civil cases a b C 5th Amendment i Rights of accused persons in criminal trials ii Indictment of a Grand Jury 1 Grand Jury has to decide that the state has enough evidence that you can be convicted 2 If they refuse it then there s no trial 3 Right to not bear witness against yourself a Not saying anything that could possibly be held against you for conviction 6th Amendment i Right to a speedy trial and more criminal trial protections ii Public trial 8th Amendment i Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted 5 Three Important Decisions a Mapp vs Ohio i Ms Mapp refused to allow police to search her home they ignored her ii No evidence to connect her to the bombing iii Found pornographic materials so they took her to trial and she was sent to jail iv Supreme Court overturned her conviction because without a search warrant specifying pornographic materials the evidence was unlawfully obtained b Gideon vs Wainwright C i Gideon unsuccessfully defended himself on a charge that he riffled a soda machine in a pool hall because he was poor and couldn t afford an attorney ii While in prison he studied law and he appealed his own case to the Supreme Court of the US iii Argued that the state should have provided an attorney The Court agreed iv Now the assistance of an attorney is to be provided when one becomes the prime suspect Miranda vs Arizona i Miranda confessed to a crime but was not told he could speak to an attorney and remain silent ii The Supreme Court said that you have to be told your rights 1 The Miranda Warning card reads You have the right to remain silent Anything you say can and will be used against you in a court of laws You have the right to talk to a lawyer and have him present with you while you are being questioned d If you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish e You can decide at any time to exercise these rights and not answer any questions or make any statements as Equot 6 Further Problems with the State Court System a 5quot Plea Bargaining Plea guilty to a lesser offense than you are initially charged ii Cheaper because you don t have to go through the whole trial ordeal iii No evidence iv No jury time v No court time Wealth and Justice i The wealthy have a different justice than the poor because they can afford good attorneys Non Uniform Justice i Some courts have a higher conviction rate than others Expert Testimony i Major problem ii Frequent dueling experts because the court has no good definition of an expert Lawfully Restricting Jury Options i fa wife kills a husband for engaging in infidelity and was brought to trial the jury despite the evidence would find her innocent same for a man March 24 2009 Urbanization 1 Rural Culture a Family farm i Looked like the quotidealisticquot rural life ii Frontier iii 1849 s becoming Urban 1 Immigration started to increase 2 Irish immigrants were the largest group to come to the US 3 Most of the immigrants don t like immigrants from other countries 4 Most immigrants don t have experience with the growing urban area a Have to learn how to live in urban area 5 The mid 1800 s development of manufacturing provided jobs to the immigrants who have no money or skills 2 Determinants of Urbanization a Agriculture Surplus b Excess populations for farms c Transportation Technology i Railroads to carry supplies d Trading Centers e Health and Sanitation i It used to be quotbuyer beware ii No health codes you are on your own to take care of yourself iii Now we are required to have health and housing codes 3 Early Cities a Mercantile Cities b Characteristics i Economy Trade and Commerce ii Compact iii Democratic v Social Hierarchy 1 Educated Elite bankers and traders 2 Crafts People shoemakers and artisans 3 Unskilled laborers 4 Slaves v Mutually Dependent 4 Growth of the Cities a 1840 10 Urban 90 Rural b 2000 80 Urban 20 Rural c Through the years the United States moved from being rural to being more urban i Texas 2nd most popular state ii 83 Urban 17 Rural iii 3 ofthe ten largest cities in the US are in TX 1 Houston 2 Dallas 3 San Antonio 5 Transportation a Allowed city to spread outward b Modes of transportation i Before 1830 walk horse carriage ii 1830s omnibus Mass Transit Carriage iii 1850s Street Car Horse Drawn iv 1880s Electric Street Car c Growth of New Cities steam boat railroad etc 6 Industrialization 1850s Civil War a Production moved to large factories b Concentration of Capital i Machinery farm transportation ii Breweries iii Standardization mass production c Owner Worker Distance d Social Darwinism is the application of Charles Darwin s theory of evolution to human society 7 Machine Politics a Provided organization to win elections b Tightly disciplined party democratic organization c Brokerage organization d Business get votes and control elections e Trade off tangible benefits social service f If you tell them to vote for you they promised the voters of certain services i Welfare ii Employment iii Favors iv Assimilation g Source of Money cash i City contracts ii Protections iii Privileges to business interests March 26 2009 1 More Metropolitan States a More problems b More bills introduced c More time needed in legislature d Longer sessions e Higher pay or more professional i 2 exceptions Florida amp Texas 1 Bound by restrictive post reconstructive constitutions 2 TX can only meet for 60 business days every 2 years 2 Four Types of Government a Municipal Government i City government b Public School Systems c County Government i Oldest form of government d Special Districts 3 MayorCouncil a Checks amp Balances between legislature council amp executive mayor branches b Mayor with formal powers i Veto power c Also used by state and federal governments d Competition to make public policy i Between the executive and the legislature 4 Commission a Originated in Galveston b Executive and Legislature the same c Symbolic Mayor Only d Also Used by County Government e Cooperation to make public policy 5 ManagerCouncil a Independent School Systems b Appointed Executive and Elected Legislation c Symbolic Mayor Only d Originated in School Government e Professional Public Policy 6 ExtraterritorialJurisdiction a Ranges from to 5 miles outside the city borders Study Outline for the Civil Rights Section 1 Court Cases a Plessy V Ferguson 1896 i US Supreme Court established legality of Separate but Equal b Brown V Board of Education of Topeka Kansas 1954 i Plessy V Ferguson was reVersed ii Separate is inherently unequal iii Got rid of Separate but Equal 2 Federal Legislation a 1964 CiVil Rights Act i Title II 1 Prohibits discrimination on basis of public accommodation restaurant m0Vie theatre etc ii Title VI 1 School Discrimination iii Title VII 1 Discrimination in Employment b Federal Education AmendmentsiTitle IX 1972 i Opens up doors to equal education sports opportunities etc for women c 1968 CiVil Rights ActiTitle VIII i Federal Fair Housing Act 3 CiVil Rights Protections a Race b Ethnicity c Disability d Gender April 7 2009 The Politics of Land Use 1 Land use the rules made by governments for the use of land a All cities operate within speci c geographical boundaries b How land is used has great affect on the citizens c Who makes those decisions d How are they made 2 Constitutional Concerns a Taking Private Land or Reducing Value b 5th Amendmenti Nor shall private property be taken for public use without just compensation i If we own property and the city decides to put it on your land they will offer you a certain amount of money for it ii People will ght for their land 1 Either do not think that the amount being offered is fair 2 Or because they simply don t want to sell it 3 Right of Eminent Domain a Taking land for legitimate public purposes highways streets public buildings b Recognized b the Courts 1 a Taking private property for private development 2 A bunch of old homes with people who didn t want to give it up 3 Contractor came in and wanted to buy this land to build things that would really benefit the city 4 The people who lived there were very upset and didn t want to give it up 5 Supreme Court ruled on the 5Lh Amendment and said that it was a legitimate reason to do this 6 A lot of states and communities passed their own laws to weaken the effect that this case could have 4 Instruments of Control a Official Map i What s the city going to do in the future ii Water systems sewer systems highways etc b Zoning i Cities try to make communities happier by saying where certain things can go 1 Residential property can go here trashier places need to stay over there etc ii This is what you can do in this area and this is what you can or can t do in this area c Subdivision Control i Allow for new communities to be built but there are rules 1 The houses have to be this far apart etc d Building and Construction Codes i Make our property safe ii Wiring ventilation etc e Capital Improvements i City says that every number of years they are going to help improve the city when it can be afforded f Environmental Regulations i Federal laws and state laws having to do with urban creation taking down trees habitats for animals etc g Moratoriums i When a city says Stop No more building or development until we catch up to where you are 5 Politics of Land Use Planning a ProPlanning AntiGrowth i Tight restrictions ii People in this Category 1 Elderly 2 High economic groups iii What they aren t taking into consideration 1 Schools 2 Jobs b ProPlanning ProGrowth Smart Growth Movement i Want restrictions and development ii Nimby Syndrome 1 Not in my backyard iii Use instruments of control c AntiPlanningProGrowth i Developers are very active in this group ii Want big fast growth and new folks coming in 6 Houston has NO zoning a Anything can happen b Ridiculous c Story about her friend who moved to suburbs of Houston 7 Planners a Can get degrees in itiof ten under architecture b Citizen planning commissionsiappointed by mayor and city council i Very involved in community activity c Offices and departments of planning in city government i Very responsive to the city planning commissions d Highly political Urban Housing 1 Bene ts to society of stable affordable housing Stabilizes work force People more likely to stay and invest in community Stabilizes families Encourages Savings i If we invest in expensive things we want the money to afford to pay for them ii Want to make communities nice 2 Basic Housing Problems a Affordability b Not Enough Public Housing i Government puts investment in housing for people who can t afford it on their own c Little Public and Political Interest 3 Federal Housing ProgramsiHome Ownership a Federal Housing Authority FHA7New Deal Program 1934 b Veterans Administration VA Mortgage Insurance c At the Federal Level i Both these programs guarantee mortgage companies and banks the loans given to people d Opened the door for a lot of people who could never afford homes on their own e Mortgage Interest Tax Deductions f Money went locally to be loaned to individuals i Didn t have to put as much money down ii The loaners were going to get their money back if not from the person who bought the house then the government 4 Home Ownership Rates a National Averagei69 b Blacksi48 c Hispanicsi48 d Asians754 e Whitesi75 5 RaceRelated Problems a Legacy until 1948 deed covenants could prohibit sale of property to non Caucasian people FHA loans were prohibited to nonwhites as late as 1962 Redlining banks and insurance companies won t do business in deteriorating neighborhoods i People can t improve their property ii Can t sell their property iii Abandonment 993 09 6 Federal Housing Act of 1968 Discrimination in sale and rental of housing made illegal Expanded opportunities for minority middle class Those who are more af uent often move out Few racial minorities live in suburbs i Free choice on both parts ii Zoning and Restrictions has put property out of the reach of many 9 0quotm April 9 2009 Public Housing 1 First started during the Depression to help out the middle class of America 2 HudHousing and Urban Development a Created in 1965 b Loans and grants to local communities c Public Housing Authorities 3200 d Rent based on ability to pay 3 Problems a Fraud and Mismanagement i They would pocket the money and ignore their responsibilities to help with living conditions b High RisesDangerous and Crime Ridden c Waiting Lists i Not everyone was able to receive help with housing so all they could do was be put on the waiting list until something became available d Section 8Scatter Site Housing i They would buy houses from realtors and scatter them throughout the community as an alternative to large projects that concentrate poverty and problems This would allow them to be mixed in with the rest of society and not have people know they are poor 4 The Homeless 2007 a 41 families 59 single people adult single people make up 15 ofthe populations b 71 live in central cities c Malesi68Femalesi32 d Veteransi26 11 of our populations e 50 in shelters 25 Chronic on the street f Obstacles i Insuf cientincome730 ii Lack of a Jobi24 iii No Suitable Housingil 1 iv Addictioni9 Transportation 1 Consequences of the Invention of the Automobile 1893 a Mass Production Technology b Economic Changes i Automobile Industry ii Urban Sprawl 1 They aren t having to live right in the city They can now drive larger distances for work school etc iii Road Building Industry 1 The United States was the first to jump at the idea of constructing the roads to help with the invention of the car iv New Markets v Integrated Economy c Today in the United States i 241 Million registered motor vehicles ii 4 million miles ofpaved road 2 Federal Aid a Federal Aid Road Act of 19167Mandates i State Highway Department i Approved highway construction plans iii Uniform standards iv Connecting State Road System v Funding Federali26 Statei74 b Federal Highway Act of 1956 i Interstate System defense ii Cost Federali90 State710 iii Designed to connect principal metropolitan areas iv Shift from rural to urban needs 3 Source of Revenue a Federal Gasoline TaX7184 cents per gallon b Categorical GrantiSpeciflcations i Strict and specific provisions on how money issued by US Congress should be spent 1 National Speed Limit755 mph 19741987 21year old drinking age Auto safety standard seat belts air bags etc 08 alcohol level Autoinsurance liability c 10 of the money can be withheld if they don t comply to these specifications 2 3 4 5 4 Texas Transportation a b Texas Department of Transportation i 12 of the states budget ii Headed by 3 members of the board very prestigious because they decide where the money goes iii Very Political not everyone is able to get money Functions i Plan design construct maintain and operate system of highways ii Link to the interstate highway system iii Assist local government develop transport system iv Assist in development of state airport services 5 State Financing Texas 993 rm 0 20 cents per gallon motor fuel tax Motor vehicle registration fees License Plates 3 to the state highway fundidedicated funds i Protected by powerful lobby ii Legislature has always been generous 1A to permanent school fund Need for Mass Transitiimbalance i 13 ofpeople are too old too young disabled or too poor to benefit from automobile as a sole means of transportation ii Air pollution congestion fossil fuels foreign supplies that can be cut off at any time Problems with Mass Transit i Low Ridership ii Cost is high iii People oriented to automobiles April 14 2009 1 De nition of Povertyiof cial a Below the minimum subsistence income needed to survive without deprivation starving to death b Adjusted annually by the social security administration c Criticismione threshold for the country i Same in New York as it is in Mississippi d 2008 levels i Family of 1 10400 ii Family of 2 14000 iii Family of 3 17600 iv Family of 4 21200 v Family of 5 24800 vi Family of 6 28400 e Median Household Income for Nation i 2007 50233 ii Texas 35000 1 Ranked 27 h Characteristics of the Of cially Poor 2007 a 37 Million People713 of Total Population b 163 of TX population ranked 5m c Children in Poverty718 of all children in the US i Texas 23 ranked 911 3 Family type a Married Couple75 b Female Single Headi28 i Feminization of Poverty 1 Very young usually 2 Don t get childsupport c Male Single Head713 N 4 Race and Poverty 2007 a Whites NonHispanicsi8 b Blacksi24 5 c Hispanicsi215 d Asians710 5 Age a Under 18718 b 186471 1 c Over 65797 Characteristics of Poverty a Marginal 23 Years v Permanent i Marginal Poverty 1 People lose their jobs have unexpected children get divorced etc ii Permanent 1 Changes in the economy 2 Lack of education 0 b Working V NonWorking i Over 56 of Adults in Poverty Worked 1 In TX767 worked ii Everyone who is capable is in the workforce iii 2009 Minimum Wage 725HR 15080YR iv 237Adults over 20 are earning minimum wage 7 Other Reasons for Poverty Income Disparity a The rich are getting richer and the poor is getting poorer 8 State and Federal Programs always been low in Texas a TANFiTemporary Assistance to Needy Families need de ned by the state i TexasiEamings Limit family of 3 4812year assets lt1000 ii Cash Assistance to Families With Children Under 18 iii To qualify for assistance in TX 1 Must have children 2 Death absence incapacity or unemployment of one or both parents iv Texas Maximum Level of Assistance Per monthiFamily of 3 1 223Month v Annual 60 Back to School Bene t b Food StampsiFederal i Food Stamp Act of 1964 c Earned Income Tax Credit d Jobs ProgramiFederal and State i Job opportunities and basic skills program e Child CareiState amp Federal f SSIiSupplemental Security Income i Federal Program for Needy Aged or Disabled 9 Other Programs a HousingRental Assistance b Head Start i Helps prepare economically disadvantaged children for school 10 Health Insurance a Texasihighest percentage of residents with no health insurance in the country i US7158 47 Million ii TX7245 57 Million b Race without health insurance i Whites72 i Blacks728 iii Hispanici79 iv Asian722 c Age Under 18718 i39 Ages 18 to 24749 ll Healthcareipiecemeal approach a Medicareiover age 65 b Medicaidivery poor nonworking c KassebaumiKennedy Billichanging or losing jobs i Can keep your insurance for 18 months if you pay what the company you worked for was paying for it d WIC7Women Infant Children Nutrition i Food support e SCHIP Programistates Children s Health Insurance Program i For children classi ed as children of the working poor 12 Healthcareistate a Department of HealthiClinics i Serve Medicaid Patients ii W1C Recipients iii Some Rural Communities b County Hospitals Districts i Those without health insurance ii Working Poor April 16 2009 Politics of Public Education EducationiBackground a Major public policy issue b Single largest item in Texas c 40 of state budget i 27 goes to public education ii 13 goes to higher education d Knowledge is a Public Resource History of Education in Texas a Coloniesistarted educating children in the 1600silocal efforts i Important to learn to read and write b In the south no public education until after CiVil War 1876 c Meaningful support in TexasiCompulsory Attendances Law71915 FederalStateLocal InvolvementiFunding 2005 a Federali9 b Statei48 i Nationally the state is the predominant funding c Locali43 4 Texas a Federa178 b State73 8 c Loca1754 i In Texas the local government is the predominant funding 5 Federal Role in Public Education a Not specifically mentioned in the Constitution b Article I Section 87provide for common defense promote the general welfare c Funding used to forces states to comply with specific conditions i Equal access to schooling 1 Title VI of the 1964 CiVil Rights ActiRace 2 Title IX of the Education AmendmentsiSex ii Special Education 1 Programs for the disabled disadvantaged 2 NonEnglish speaking iii AccountabilityiTesting NCLB d No Child Left Behind Act 2002 i Annual State Tests in Reading and Math i39 Raises Standards iii Raises Teacher Requirements iV Allows parents to transfer students from failing schools if more than half the students failing the TAKS test in 2 out of 3 years 6 AdministrationiTexas State Level a State Board of Education Unpaid i 15 Members from single member districts ii Run in partisan elections N E iii lt V vii 1 Run with a political party label Very controversial 4year overlapping terms Establishes general rules and guidelines 1 Sets the state standards 2 Tests TAKSTexas Assessment of Knowledge and Skills 3 Textbooks standards 4 Teacher Quali cations 5 Curriculum Recommends a commissioner who is appointed by the governor Manages 22 Billion permanent school fund b Texas Education Agency i ii Carries out the mandates of the board Part of the executive branch c Legislative Education Board i ii iii 10 members from both houses Develops educational policy for legislature Makes budgetary recommendations 7 AdministrationiLocal Level a 1089 Independent School Districts i ii iii 7Member Elected Boards 1 Unpaid 2 Nonpartisan Set tax rates for the schools Determines school policy within TEA guidelines 1 Approves Budget 2 Approves contracts 3 Hires Fires Personnel 4 HiresFires Superintendent 5 Selects Textbooks b State Can Take Over Management 8 History of Educational Fundin in Texas a b 19687Rodriguiz v San Antonio School District i ii39 Filed under the 14111 amendment 1 Due Process of Law Equal Protection Law Unfair that some kids can receive the finest of education and others get chicken scratch State tried increased funding to lessen disparities Supreme Court says that it wasn t unconstitutional because there s nothing in the constitution that says anything about education c 19897Edgewood V Kirby i Filed in the TX court system i Violated requirement for an efficient educational system iii Ordered lawmakers to replace the system of funding by May 1 1990 iv Current Plan Richer districts have several options for sharing with poorer l Consolidate with other districts 2 Transfer property to other districts 3 Send money to poorer districts 4 Contract with each other for services 5 Consolidate tax bases 9 New Education Funding PlaniState Level a Replacement of Franchise Tax with a new Business Tax b Reduction of local property taxes c Increase in cigarette tax by 1 per pack d New sales tax collections on used cars 10 Other Reform Efforts a 1980s7Raise Standards i In TX719837House Bill 727Mark White appointed Ross Perot to chair task force ii Student Focused 1 Graduation Requirements 2 Testing TAKS Tests 3 NO PASS NO PLAY a Must have good grades to play sports extra curricular activities etc 4 Smaller Class Size iii Educator Focused 1 Teacher Testing 2 Compensation Based on Performance 3 Career Ladders N E April 21 2009 Public Education Continued Restructuringi 19 80 s a Based on autonomy b Magnet schools Restructuringi 1990 s a School choice b Charter schools c Vouchers i Money sued goes directly to the student and they can go to school where ever they want Accountability72000 s a Annual testing in reading and math b Raising standards c Raising teacher requirements d Transferring students from failing schools Social Environment of EducationiNationally a Populations Trends in Public Schools i Students more likely to be poor ii From nontraditional families iii Members of Racial Ethnic Minorities l Nationally736 2 Texas757 b Special Needs i More serviceshealth and family problems high mobility moves around a lot ii Bilingual education cultural diversity iii More expensive c Gap between those receive educational services and those who pay for them i Aging population ii Segregation between those with the greatest needs and those with the greatest nancial resourcesisuburbanization vs Inner Cities and Rural d Workforce Demanding more Educated Workers Higher Education The higher education the more money and job opportunities available More jobs nowadays want more than just a high school diploma Education is related to incomeithe better off your family is the more likely you are to go to college because you don t worry about nancial issues Development of Higher Education in the US a A State Function i For the elite or very wealthyvery limited b No national University System i Something the states set up Federal Funding of Higher Education a Land Grants i Morril Land Grant Act of 1862 ii Practical Education Agriculture and Mechanical iii As times changed the need was a greater need for education that can be used in the real world other than having people go to school to learn art music and foreign languages limited to the elites b Grants to Individuals i Servicemen s Readjustment Act of 1944 GI Bill 1 Every Veteran who served in WW2 could go to any university and it would be paid for by the GI Bill ii Pell Grant 1 People who are in need and have low income iii Loans c Grants to InstitutionsiTargeted Areas in the National Interest 5 Structure of Higher Education a Institutions i 35 Universities ii 7 Medical Schools iii 4 Law Schools iv 4 Technical Colleges v 50 Community Colleges b All Public Universities Governed by Appointed Boards 9 members i Appointed by governor and approved by Senate ii Responsible for Major Policies iii Hiring Chancellors and Presidents c Higher Education Coordinating Board i Created in 1965 to coordinate the Texas Higher Education System ii 18 members appointed by governor and approved by Senate iii Brings order to the rapid growth in higher education 1 Role and scope of University a Degrees and Certi cations b Departments and Schools c Land Purchases and Construction d Presents a funding formula to the Legislature N E 4 e Authorize elections for community college districts 6 Funding of Higher Education a General Operations i 62 State Taxes ii 38 tuition and fees b Building and Special Programs i PUF Permanent University Fund117 billion 1 UT72 3 2 TAMU713 3 Prairie View AampM 1984 constitutional amendment a The university led a suit because the money was going to UT and TAMU who at the time was a white majority school and they thought it wasn t fair to them they are a black majority school 4 System University now added ii HEAF Fund Higher Education Assistance Fund 175 million per year annually authorized by legislature for nonPUF institutions 7 Funding for Higher EducationiCommunity Colleges a Established by Voters in the District b More a part of the local government c Funding i Statei44 ii Local Property Taxes730 iii Tuition and Fees726 d Fastest Growing Sector of Higher Educationi70 of first and second year students attend CC e Open Enrollmentianyone can go to CC no matter their grades or past background 8 History of Race Discrimination in higher Education a Texas HistoryiSegregated Higher Education System all black universities b No Semblance of Equality in Professional Schools i Late 1940 s black students applied to UT Law SchooliSham School Set up 1 They took all the black students who wanted to go to the law school and placed them in an old court building separate from the university and called it the black law school ii 1950 Sweatt v PainteriUT Law School was ordered to admit Heman Sweatt he became the first black law student at UT iii 19847Texas Agreed to a 5 year desegregation plan with the US Department of Education 9 Solutions to Past Discrimination a 1978 Supreme Court decisioniUniversity of California vs Bakke medical school i Struck down quotes ii Race as a factorilet stand 3 1 D 19967US Court of AppealsiTexas vs Hopwood law schooliRace cannot be considered TexasiTop 10 Rule i Top 10 automatically admitted ii Incoming classes 1 UT781 2 TAMU765 iii Criticisms 1 Students not academically prepared 2 Students from academically competitive schools not getting in 2003iGrutter vs BollingeriUS Supreme Court upheld use of affirmative action in Michigan s Law SchooliNo Numerical Scale 54 decision everyone bene ts from diversity of peopleibasis of argument N April 23 2009 Povelty Health and Welfare Welfare policy formulationiNew Deal a Modestiease pain of depression b 1935 Social Security Act c Mainly served needs of deserving poor i Social Securityifor the elderly ii Disabled iii Job Programs V Unemployment Compensation V ADCibecome AFDCito aid families with dependent children 1960 s Policies Addressing Chronic Poverty a Broadened de nition of poor b Attacked root causes i More assistance to education ii Civil Rights legislation 1 We needed this because we didn t hire educate or sell houses to the poor minorities iii Job Corpsivocational education and work experience c Expansion of the New Deal Programs i Food Stamp Act 1964 ii Medicare 19657elderly healthcare iii Medicaid 19667poor and disabled healthcare 19967Welfare Reform TANFiTemporary Assistance to Needy Families 7 Provisions a Work Requirementsi2 years to nd a job b 5year lifetime limit for cash assistance can be less Temporary Assistance to Needy Families i Before they had these provisions peoplefamilies could spend their lifetime on welfare ii Provisions can change depending on the state c No additional benefits to women on welfare who have additional children d No benefits to unwed parents under the age of 18 unless the live with an adult and attend school e More funds and requirements for day care services i At federal level since they require people to o to work they will help them find childcare Definition of Poverty70ff1cial a Below minimum subsistence income needed to survive without deprivation Adjusted annually by social security administration Criticismione threshold for the country Mean household income for nation 50233 Mean household income for Texasquot 35500 27th in the statei2007 9amp0 1 Evaluating Taxes a Fairness i Progressive Tax 1 The more you make the higher percent paid in taxes 2 Viewed as the fairest tax 3 Examples Federal income tax and most other state income taxes ii Regressive Tax 1 Less you makeithe higher percent you pay in taxes 2 Reverse of ability to pay 3 Texas among top 10 in regressive tax structures of all 50 states 4 Biggest culprits sales and property taxes user fees excise taxes iii Proportional Tax 1 Everyone pays the same percent of income 2 No ability to pay principle 3 Has a progressive and regressive aspect to them b Yield i How much money do you get from the tax ii Is it worth the effort c Elasticity Responsive to changes in economic conditions d Ease of Administration i Simple and inexpensive to understand compute and collect e Political Accountability i Acceptable and understandable to the public 2 Other Sources of Revenue a Gambling i Lotteries ii Cost of administration 1 Winners755 2 Administration710 3 Retailers75 4 Statei30 b Other Gambling i parimutual betting 3 Types of Bonded Indebtedness a General obligation bonds i When the state goes into debt it s backed by the full faith and credit of government ii Requires voter approval iii Very secure low interest b Revenue Bonds i Does not need voter approval ii Backed by revenue from project 1 Toll road water treatment plants etc iii Less secureihigher interest 4 Tax Revolts a 17737Boston Tea Party b Most effective at the state local level c 19787 proposition 13 in California 39 Initiative to cut property taxes 50 Financial consequences began to appear 1 d Texas Limitations on local property taX rates i1 19937constitutional amendment requiring a state referendum to institute an income taX 5 Explanation for support for Revolts a Belief that there is waste in government b Ideological conservatives i Very limited government c Political Alienation i People who believe the government is basically no good 4 Bud geting Who gets what and who is going to pay a Single most important policy statement of government b Puts price tags on programs c A conservative incremental process i Momentum of current programs ii Desire of administrators to preserve programs and jobs Folkways a Spend all current appropriations b Never request less than current appropriation c Put priority programs into appropriations bas d Small increases e Give budget of ce something to cut Importance of iron triangles a Clientele pubic b Legislators c Administrators Texas Budget a Education on top i Very expensive endeavor Average local government budgets a Education on top again Dedicated and discretionary funds a Dedicatedilegal requirements that certain monies be set aside for certain purposes i FederaliApproximately 80 ii TexasiApproximately 80 l Highways 2 PUF Permanent University Fund for AampM and UT 3 Prisons 4 Schools b Discretionaryican be allocated at the discretion of the legislators leftover 20 i Most of the funds for higher education
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