Gov 310L week 3
Gov 310L week 3 GOV 310L
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This 13 page Class Notes was uploaded by Rachel Kennedy on Thursday September 15, 2016. The Class Notes belongs to GOV 310L at University of Texas at Austin taught by Prof. Shaw and Prof. McDaniels in Fall 2016. Since its upload, it has received 272 views. For similar materials see American Government in Government at University of Texas at Austin.
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Date Created: 09/15/16
Government Notes Sept 6 - 8th th Class Notes: Federalism 9516 Recent news o Hillary’s emails Nothing classified controversy Multiple devices controversy Not going to press charges Running a campaign that “yes I am dishonest, but he’s more dishonest” o Donald, I’m not a bigot tour Went into black church to prove Black rep’s “too little too late” There was hope for trump with the black vote o Black turnout is higher than white turnout Despite the difference in SES status People aren’t voting for someone, they are voting against Federalism o Federalism System of shared powers between multiple levels of government Lower level (states) of gov enjoys constitutional protections from federal gov National gov can compel action States freedom can lose freedom because of fed sovereignty United States, Brazil, Russia, India, Australia, Canada is an example o Confederation System of shared powers between two or more levels of government Lower levels retain sovereignty Upper level cannot compel action EU is example of government o Unitary System under which all authority is held by a single, national government France is an example Much more common o Why do we have federalism? States wanted some freedoms Was the response to collective dilemmas? Prevent states from going to war against each other Environmental issues o Effects multiple states o Mississippi River Protects from outside aggression Constitution is partly national and partly federal Only 18 nations have a federal system Confederations are the least common 41% federal systems take up 41% of world’s land mass Larger more developed nations are more likely to have federalism Manages ethnic groups Creates smaller subunits that are relatively homogenous and comprised of an ethnic minority India and Belgium- linguistic differences Group autonomy of federalism also presents the states with several important dilemmas Creates reasons for competitions Resources and power o Waterways Pursue policies that go against interests of the entire group Secession o Scottish and Northern Ireland want to be part of the union o Federalism (historical lenses) Governing system which power is spread across different levels 3 branches- not federalism (horizontal) Nation, states, county, city (vertical) Levels coincide with geography Federal government Print money Declare war Establish army and navy Enter into treaties with foreign governments Regulate commerce between states and international trade State Establish local government Issue licenses Regulate intrastate commerce Conduct elections Ratify amendments to the US constitution Provide for public health and safety o Fed involved Public education 2 o Fed also involved Property laws Moral and ethics Postal system is a federal system o Dual federalism (1819-1936) Us establishes the right to some powers in the states McCulloch v Maryland (1819) Whether the government can charter a bank Fed had chartered a bank in bank Maryland wanted to tax the bank The bank isn’t even legitimate, but if it’s there, then they have the right to tax Fed said the opposite Marshall ruled in favor of the fed Ruled that it was not in constitution But the necessary and proper clause- the fed has the right to do things to fulfill its other duties Supremacy clause says that the fed is sovereign (if constitutional) Power to tax is the power to destroy Gibbons v Ogden (1824) Conflicting claims about a steamboat between NY and NJ Fed granted monopoly to Fulton who gave it to gibbons State granted monopoly to Ogden Operation is interstate commerce Cooperative federalism (1936-present) Becomes partner with states (marble cake federalism) Fed can issue a flat grant Gives the money without discretion as to what it’s for Rep like it more than democrats Categorical grant For a specific purpose States don’t like as much Dem’s like it more Block grant Uneven basis Meet certain standards, they don’t care how you meet them 3 o Experimentation Can introduce different institution and see what works States can learn from each other States serve as policy laboratories Learn through policy diffusion Observe what other states do and either implement or reject the policy based on the success of the policy o Craig olden Children’s health insurance program Expansion on the Medicaid Below 200% of the federal poverty level 1 emulation of success hypothesis 2 Seeking low cost hypothesis 3 Administrative emulation success hypothesis 4 legislators emulating success hypothesis 5 similar states hypothesis Reading Notes Chapter 3: Federalism Federalism o The shared power of different levels of government o National and state governments compete, national mostly wins o Crises, tech developments, cause shifts in power Fed often increases their power to deal with crises o Federalism has strengths and weaknesses Constitution establishes a federal system o Wanted a fed more powerful than the one established by the articles of the confederation o Madison wanted each branch of government to have specific powers Powers should be checked o Restrain the power of the fed but relinquishing enough to provide for the common welfare o Hallmark of modern democracy o Now 50 states each with their own governments The national and states governments compete for power, but the national government has the winning record 4 o In the early years the fed assumed responsibility for few policy areas National defense, trade, regulation of currency o Everything else was left up to the states o Today, areas like health, education, environmental issues, energy, poverty and crime o Fed has gained jurisdiction over these areas through cooperation and coercion to get compliance o Over time the fed has gradually increased its power over the states o Supreme court and their rulings play a large part in shaping the balance of power Dual federalism o Dual federalism- complete separation of responsibilities o First 150 years fed and state were very independent o “Layer cake” o Fed sovereign over states o Supreme court played a large role in limiting the fed’s power Vaguely worded commerce clause- grants congress the power to regulate commerce Commerce- interstate Manufacturing- intrastate Congress could only regulate commerce could not regulate working conditions, child labor laws, quality of goods 1930’s expanded these issues to the fed Cooperative federalism o Stock market crash of 1929 → started the characteristics of modern federalism o Fed steps in with struggling state and local government's with Roosevelt’s new programs Mixed fed and state responsibilities o Marble cake model o Grant-in-aids - fed gave money to lower governments to rebuild Provided financial incentive to participate in fed programs Because the fed didn’t have constitutional jurisdiction o Roosevelt proposed stacking the court with judges that would support his plan o 30’s=70’s court protected fed’s powers Threw out the old commerce clause interpretation Coercive or Creative federalism o 50’s-60’s o Civil rights pitted the country against the southern states o Fed began to threaten to take money away o Part of the expansion of jurisdiction happened because of the movement from economic to social issues 5 Racism, crime, environment o States protested because often times the fed wouldn’t provide funding for new standards Unfunded mandates o Republican revolution of 1994 o No Child Left Behind Act of 2001- national standards on test school, unfunded mandate New federalism o Protect states’ rights, o Devolution of power from fed to states o Reduce unfunded mandates o Began in Nixon administration 1970’s o Regan the 1980’s o US vs. Lopez- stricter interpretation of commerce clause o Patient Protection and Affordable Care act Expanded Medicaid Extending coverage for children up to age 16 on parental plans Requiring insurance companies to provide coverage regardless of preexisting conditions All Americans have insurance coverage Conservatives argued that there was no constitutional mandate to have coverage Crises, technological developments and differing political ideas cause power shifts between the national and state governments o Crises Civil war Caused by slavery and fundamental differences on where power should lie Fed assumed greater responsibility as a result of the conflict Executive branch- pay pensions to vets, and the dept. of justice handled legal disputes Depression Hoover- assisted failing banks, encouraged construction, provided public works → unsuccessful Roosevelt’s new deal o National recovery administration o Instrumental in the modern welfare state 9/11 Increased intelligence, immigration and border security, commerce and travel security, emergency preparedness and response Created department of homeland security o TSA o FEMA 6 o Color-coded threat levels Katrina Government not prepared, received harsh criticism o Technological developments Government has had to update as tech updates Transcontinental railroad Subsidized these efforts Interstate highway system Fed provides majority of funding, states are responsible for their construction and maintenance Drinking age is coercion to keep fed funding Aviation industry evolution Air commerce act Bureau of Air commerce Federal aviation agency Department of transportation Communication FCC Under FDR fed shifted from federal radio commissioner to new federal communications commission Health Food and drug inspection Disease detection and prevention Genetic testing Emergency management Nuclear power NASA EPA o Differing political ideas Power favors fed Ronald Reagan Executive order-limited size and scope of fed Anti-federalist view 1990’s- rep’s cut taxes, deregulated, limited unfunded mandates, substituted block grants for categorical grants, competitive funding formulas for state aid Clinton goes against Reagan’s executive order Caused uproar Reworded it o A federal system has strengths and weaknesses Reading Notes Chapter 4: Local Government 7 Local Texas government is rooted in a series of poorly written provisions Municipal governments fall into two categories: general city law and home rule cities County governments provide similar services to residents as cities do, but have more constraints on their powers and means of revenue Special districts are created to meet certain purposes, and they have proliferated in recent years The foundation for local government in Texas is rooted in series of poorly written provisions scattered throughout the constitution o Counties and municipalities are focused on the geographical size of counties and on issues of taxation and spending o Results from 3 dynamics in the 1875 constitutional convention Short time Wanted to restrict government at all levels Detailed every minute of governance o Any addition to help, has only made the matter worse 4 basic units o Cities Greatest number of government functions proprietary: owning and operating public utilities o Counties Dual purpose Government assistance to residents And administrative services on behalf of the state o Special districts School districts or hospitals o Councils of government Voluntary, area-wide Local elected officials Legally political subdivisions of the state, but cannot levy taxes or incur debt 24 in Texas Municipal governments fall into two categories, general law cities and home rule cities, with large municipalities having home rule charters that spell out specific structures and powers o Texas Municipal League statewide org that provides services to cities Represent interests o City and county government are general purpose governments o General law cities 75% of Texas cities are general law cities, doesn’t include major metropolitan centers These are governed by state laws that are passed by leg and that the home rule charters are not adopted 8 o Home rule cities Home rule charters specify government structures and powers More than 5,000 people Act for public purpose as long as it’s not in contrary to state law Legal status Given inherent powers Municipal organization o Decide their own government structure o Complies with Voting Rights Act o Rights over formation of r=boards and elections Annexation o Allowed to annex adjoining unincorporated areas into the city unilaterally Used to plan growth o Adds economic resources initiative, referendum and recall o Petitions are common for bypassing officials in order to initiate changes o Initiative- legislative proposal delivered as a petition, if it receives a number of leg’s signatures then they can adopt it or put it on a ballot o Referendum- direct effort to repeal an existing ordinance o Recall- removing a city member before term is up Citizens file affidavit Issue petition forms Recall election Charter amendments o Direct lawmaking o Can propose amendments o Petition signed by 20,000 o Forms of municipal government Mayor-council governments Strong mayor-council government o Mayor exercises executive powers o Appoint and remove department heads o Prepare city budget o Veto actions of city council Weak mayor-council government o Rare o Limited powers 9 o Selected by council o Does not have power over appointment and removal Council manager governments Duties placed in hands of city manager Indefinite terms Like a CEO Commission governments Elected board of commissioners Number depends on population In all, mayor is elected at-large election- eligible voters in city limits can vote Most are elected from single-member council district Municipal revenue and expenditures o Property tax “Real estate tax” Limits on how much a city can charge Depend on size of city 5,000 or less $1.50 per 100 of assessed value More than 5,000 $2.50 per $100 Used to pay for community college They have risen, trying to lower them o Sales tax 1967 1% city sales tax Sensitive to economic conditions Cities allowed up to 2% o Budget Public safety largest sector Streets, transportation, courts, parks and libraries County governments provide similar services to residents as cities do, but face more constraints on their powers and means of raising revenue o Texas Association of Counties shows their role Underlying infrastructure Arm of state government Administer county, state and national elections Record keeping Optional: build roads, maintain roads, libraries, parks rec More constrained than cities Don’t have home rule Can’t make new programs 10 Can’t pass ordinances Same rules not matter population Organization of county government o Governing body of county is the commission court County judge and 4 county commissioners County judge elected county wide Commissioners are elected by the qualified voters of geographical districts called commissioners precincts County judge presides over Can be more prominent than city governments in emergency times Responsibilities o the construction and maintenance of roads and bridges that are not part of the state highway system; o managing county personnel, including filling vacancies in county offices; o creating some offices, boards, and commissions as authorized by statute, including county historical commissions, the office of county fire marshal, a health authority, and others; o providing buildings and operating facilities for the county; o bonding authority to issue financial obligations of the county (bonds) for certain purposes, and managing the debts that result from bonding; o general fiscal and business responsibility, including contracting; o conducting elections; o responsibility for public health and welfare, which include social services, libraries, and parks and recreation; o judicial operations such as jails and related services, including juvenile services; and o public works related to water supply, irrigation and drainage, waste disposal, clean air, and agriculture. Can only tax 80 cents per $100 Local government debt o Limits on revenue o Borrow money by issuing bonds Because it’s hard to raise taxes o Cities especially o Home rule allows with voter approval o Municipal bonds are obligations to repay money, plus interest General obligation bonds- backed by taxing authority of city Revenue bonds- backed by the potential revenue generated by the specific project Often exempt from federal taxes o Cities face challenges in meeting local government needs Local projects limited by scarcity and politics 11 Class Notes: Local Government 9-8-16 Idea of competitive federalism Race to the bottom vs race to the top Competition among the lower levels of governments o Mobile capital, things that can be produced anywhere o States compete for these things o States may relax environmental standards to attract these business o Race to the bottom example Clean Air Act o Race to bottom- relax regulations o Race to top- harsher regulation and punishment Support for both o It’s not a direct competition between states o Based on what type of business the state wants to attract Obama is pushing for better education by federal government competition o Spur innovation o Raising standards o Increase college and career readiness States sent in plans to compete Good and bad aspects of competitive federalism Bottom up: Can higher levels learn from lower levels Not focusing on horizontal diffusion, focusing on vertical diffusion Snow valve hypothesis: adoption of local laws increases the likelihood of statewide adoptions o Strong interest groups Pressure valve effect: federalism government o Non-professional legislature o Weak interest groups Professional legislature- larger staff, full time Non-professional legislature- meet for a small time, part time Example is anti-smoking o Gov building restrictions Findings o Strong interest groups create Cyclical nature of federalism Nathan: does US federalism enhance or impose During periods of conservative national policy stance, the states have developed and expanded progressive policies Medicaid: effectiveness of states put pressure on the fed Volden: policy diffusion o Federalism: at state level 12 o Mechanism by which policy spreads 1 learning- which policies worked and didn’t work 2 competition- localities and cities are competitive with each other 3 imitation- won’t wait and see if works, they will adopt it to seen innovative 4 coercion- you get rewarded if you adopt certain policies Drinking age Devolution revolution o Transfer from fed to state o Associated with republicans less o 80’s and early 90’s o Second-order devolution- flow of power and responsibilities from the states to local Greater power over ordinances o Third-order devolution- the increase role of nonprofit organizations and private groups in policy implementation Churches, research groups Beliefs of evolution's proponents 1994 republicans controlled the congress o Cut defense spending o Hardly a devolution 2008 the Obama administration o Dems in power o Federal financial crisis Not a lot of change from bush to Obama o Just an increase in spending Fed seems to be doing the same amount Congress and federalism o Even if the fed is reinvigorated unlikely to become a centralized nation Legislators think of themselves as reps to Washington and not to the localities that they represent To learn more and get OneNote, visit www.onenote.com. 13
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