Lecture Notes:
The other important part of this chapter involves
the functions of state and local government. State
and local government are primarily responsible for: education,
transportation, health and welfare, public safety, civil rights, and the
physical environment. The text also
lists taxation but I fail to see how this is a function of government. It
is state and local governments that do most, if not all, of the governmental
activity in these areas of service to the public. Since
these are the most important services to the public, it should make one
wonder why the national government is so prominent in the news and foremost
in the minds of the public, while state and local government is almost
invisible and not nearly as prominent in the news. If
you examine these functions in detail one can draw the conclusion that
an emphasis on the national government and the president in particular
are misplaced. This section on functions
provides a good justification for why we study state and local government.
State constitutions are often compared to the national constitution when they are evaluated. According to most observers state constitutions come up short. They are not as good as the national constitution because they tend to be too restrictive in terms of powers to the governor and the legislature, too inflexible and therefore in need to frequent amendment. Reformers and critics advocate that they become more like the national constitution. At the current only the constitutions of Alaska and Hawaii come close. The typical state constitution is similar to the national constitution in terms of basic principles found in the documents. All are based on the principles of: limited government, separation of powers, checks and balances, bicameralism, and rights of citizens. As a result each contains: a bill of rights, a description of the three branches of government with some explanation of powers and responsibilities as well as limits on the powers in each branch. In addition, state constitutions have provisions regulating interest groups and political parties, and debt and tax limits. The major difference between the national constitution and the typical state constitution is that the state constitution is much longer. Part of the reason for this is the need on the part of the state to describe the powers and limits of local government. Local governments are constitutionally under the jurisdiction of the state and cannot legally stand-alone. Therefore, states detail what local governments can and cannot do. Compared to the national constitution state constitutions are considered much less effective. They are viewed as weaker because they are considered too long and too inflexible. The view of the national constitution is that it has survived for 200 years because it is flexible. The national constitution does not try to spell out the powers and limits of the government, so it is considered able to adopt to the changing times, growing by informal means rather than constitutional amendments. State constitutions are viewed as on the opposite end of the spectrum. They are frequently amended and subject to wholesale revision every few years. As a result, most reformers argue that state constitutions should become more like the national constitution, less detailed and more flexible. In defense of state constitutions it can be said that many are ahead
of the national constitution in some areas. State constitutions often attempt
to remedy the weaknesses of the national constitution. For
example, some states have chosen to identify the rights of privacy in specific
terms in their constitution.. This is in marked contrast to the national
constitution where privacy is only an implied right. In defense of
state constitutions it can be said that many state constitutions are written
more clearly and directly than the national constitution, making them easier
to understand and less ambiguous for the courts to interpret what they
mean.
Federalism is a complicated concept, which is confusing because it is not clearly defined. The U.S. Constitution doesn’t help much because its description, known as, dual federalism has little in common with the practice of federalism. Federalism is a system of government designed to divide power among the levels of government. In the U.S. Constitution this means two levels of government, national and state. In the U.S. in 2001 we need to also include local government even though it is not mentioned in the Constitution. The Constitution attempts to descript the powers and duties of the national government and the states as well as the relationship between the two levels. Under dual federalism the national government is given a limited role, largely confined to three areas: 1) foreign and military affairs, 2) national laws that are necessary for the common good, and 3) settling disputes that arise among the states or between states and the national government. Under dual federalism, the states are responsible for all the day-to-day functions of government, such as, schools, welfare, police, and every other domestic government function. The practice of federalism also known, as cooperative federalism, does not work anything like what is stated in the Constitution. It describes federalism as a system in which both the national government and the states work together to solve problems. Under this form of federalism the national government participates in all the major functions that were designated for the states, such as, schools, welfare and police but each level of government has a different role. The national government generally provides three functions: agenda setting—deciding what areas of concern to focus on, money—paying for a significant portion of the new or expanded services and standard setting—determining what types of companies and people in the private sector will be able to participate in the development. For example, if a new crackdown on illegal drugs involves hiring new police officers the national government will be responsible for determining the hiring standards for all new police that are hired. The text identifies several definitions of federalism in a effort to descript the complicated system of federalism as it is practiced in the U.S. We focus on three of these definitions for our purposes: dual federalism, cooperative federalism, and new federalism. Dual and cooperative have already been described above, what remains is an explanation of new federalism. New federalism is a name given to federalism when individual presidents
attempt to make changes in the practice of federalism. The textbook
focus is mainly on President Reagan’s effort to reduce the size of the
national government and the transfer of functions and responsibilities
to the states. The attempt to move power out of Washington and back
to the states began with President Nixon back in 1968 but the major spokesperson
for this effort was President Reagan. The best example of this form
of federalism is the Welfare Reform Act of 1996 passed by Congress and
signed by President Clinton. Under the new welfare law the states
are given the power and responsibility to handle welfare in the future
taking the national government out of the picture. Whether this transfer
of power continues in other areas of government services remains to be
seen.
The conventional forms of political participation include:
The unconventional forms of participation include:
The reasons why few people participate fall into three categories
The political reasons include such things as the difficulty of the registration system, the day and timing of elections, the level of campaigning that takes place and the perceived closeness of the race. Sociological reasons relate to the group stimuli one receives. Are the primary and secondary groups to which one is a member helping or hindering participation. Most people today associate with groups that are not very political. The psychological reasons relate to personality variables, such as the extent to which one is alienated or cynical about politics or has what political scientists call political efficacy. Voting turnout has been declining for several years. Presidential elections reach the highest voter participation. For years it averaged about 60%, but it went down to 49% in 1996. It was up to 51% in 2000. State and local voter turnout is about the same as national politics in the high visibility races: governor, senator, mayor of a large city. At the local level when separate elections are held for such offices as school board turnout can range as low as 10 to 20%. Interest groups can be defined as voluntary associations of people who share a common interest and attempt to influence the direction of public policy. · They have no formal governmental status
Types of Groups
Methods Used by interest groups
There are three components of a party: party organization, party-in-the-electorate, and party-in-office. These three components together perform the functions of parties, which include: nominate candidates, conduct election campaigns, formulate issue positions, and organize the government. The parties are much weaker today then they were in the past. By the past I mean the days before television. What has weakened the parties in addition to television has been the system of primaries that enables the candidates to nominate themselves and then conduct their own campaigns with little or no assistance from the parties. Added to these two changes has been the increased role of interest groups in the financing of campaigns. That leaves little for the parties to do in the campaign and elections resulting in the loss of most of their power and responsibility. In addition to what I described in the previous paragraph, parties have
also lost much of their hold on the public in terms of their ability to
convince average people to become Democrats and Republicans. Today, there
are as many Independents,
All of these factors have resulted in very week parties in the United
States, making some people believe that 3rd parties may soon emerge as
important players in the system. So far in our history we have had a two
party system and 3rd parties have only been a source of new ideas. But,
all of that may change as the 2 parties shrink in importance and leave
the door open for new possibilities.
The model for the state legislature is Congress. Probably the best way to understand efforts to change the state legislature is to understand that most reformers would like to see the states become like Washington. For all are attacks on the government in Washington D.C. the fact is that by comparison with state governments, the national government looks good. There is a lot more professionalism, staff support, and good policy making in Washington than in the typical state. There is so much wrong with Congress that it is hard to believe that it’s the model but you have to understand the state legislature to know what is going on. The fact is state politics is amateur in nature. Part-time, high turnover, lack of expertise are all characteristics of the typical state legislature. Political parties dominate state legislatures. Everything from where an individual member fits into the process to how a bill becomes a law is all determined by the two major parties. The majority party has control over the major processes: leadership positions, bill introduction, committees, and the debates, are all in the hands of the majority party. The minority party provides the basic opposition to the majority. The legislature is controlled by a handful of elites. These consist
of the party leaders and the leaders of interest groups that lobby the
legislature. In most states there are a handful of significant groups
that get what they lobby for. Together with the governor and the
legislative leaders these people make up the state’s elite power structure.
The general public is only involved at election time and when some unusual
issue makes it to the public agenda. But, most of the time its “politics
as usual” which means elites work together.
The governor’s power is also limited by the fact that some of the most powerful executive agencies are headed by separately elected offices. The two major examples are the Secretary of State and the Attorney General. These are independent offices in which the governor has no control. Another limitation on the power of the governor is the state constitution. Unlike the national constitution the states do not have ambiguous clauses that allow for the expansion of powers. In the typical state constitution the powers of the governor are spelled out in more detail and therefore are more limiting in nature. If the governor wants to do something new, such as, expand gambling in the state or eliminate a tax, such as the highway tolls, he or she has to get the permission of the legislature. I am not saying that the president can act alone but it is much easier. Roles of the governor are similar to the president. The typical governor has the same general organizational powers as the president. However it should be keep in mind that the powers differ in degree if not in kind. The president has more significant powers in just about all the areas mentioned below. Major Roles of the Governor
2.Chief Legislator
3. Chief Administrator
4. Commander-in-Chief
6. Chief Negotiation
7. Crisis Manager
A bureaucracy is a
large organization composed of appointed officials in which authority is
divided among several managers. Bureaucracy is an obvious feature of all
modern societies, but American governmental bureaucracy is distinctive in
three ways. First, political authority over the bureaucracy is shared among
several institutions. Second, most federal agencies share their functions with
agencies of state and local government. Finally, America's adversary culture
means that the actions of bureaucrats are often fought in court. A bureaucratic
organization is governed by the following seven principles:
A bureaucratic
official:
There are five
major problems with bureaucracies: red tape, conflict, duplication,
imperialism, and waste. 1.
Red tape is the existence of complex rules and procedures that must be
followed to get something done. Any large organization must have some way of
ensuring that one part of the organization does not operate out of step with
another. 2. Conflict exists when some agencies work at
cross-purposes with other agencies. The Agricultural Research Service tells
farmers how to grow crops more efficiently, while the Agricultural
Stabilization and Conservation Service pays farmers to grow fewer crops.
Because Congress has 535 members and little strong leadership, it is not
surprising that it passes laws that promote inconsistent or even contradictory
goals. 3. Duplication occurs when two government agencies
seem to be doing the same thing, such as when the Customs Service and the Drug
Enforcement Administration both attempt to intercept illegally smuggled drugs. 4. Imperialism refers to the tendency of agencies to
grow without regard to the benefits their programs confer or the costs they
entail. Because government agencies seek vague goals and have vague mandates
from Congress, it is not surprising that they often take the broadest possible
view of their powers. If they do not, interest groups and judges may prod them
into doing so. 5. Waste occurs when an agency spends more than is
necessary to buy some product or service. An example would be the
much-publicized purchase of $300 hammers by the military.
Chapter 9
The major junctions of the courts are listed below. Functions of courts
Characteristics of Courts
Criteria Used in Selection of Judges
Reforming the nomination process
Procedures: Supreme Court
Cases that reach Court
Opinion
Controversy
The general-purpose governments are very similar in structure and function. Cities, counties and towns perform the same functions and are structured similarly. They are different from state and national government because they have one branch of the legislature (unicameral) and they often do not have executive power. They usually do not have separation of powers and checks and balances as the state and national government. Instead, they tend to have power concentrated in a single legislative branch. Be sure and check out some of this material in the book, especially pages 328-329. This section describes local government functions. Local government is essentially invisible government. Most of the public knows very little about what is going on at the local level. Most of the local governments are special districts and most people have no idea what these governments do. If you examine your local newspaper it usually does not have much if anything about special districts. In fact, I think it is safe to say that few people could identify which special districts they live under. For example, in Illinois people typically live under 16 layers of government. Even the general-purpose governments are not covered much in the news media. Most news is national. Little or no coverage is given to the day-to-day activities of local government. The only time any coverage is given is in the case of scandal. So, it is not surprising that most people live in ignorance of local government. County government is the oldest and most universal form of local government. It is a rural government that is a general purpose government. If you study county government it gives you a good picture of the role of general purpose governments. Counties are rural so cities have some differences, but for the most part they are the same. The focus on the functions of government is better in the book in its coverage of county government. The information in the book on cities focuses it more on structure of government. Cities are divided into three types: mayor-council, manager-council, and commission. The mayor-council form is found in small and large cities and is the oldest form. It is the most political form and is somewhat similar to the forms of government at the national and state level. The manager-council system is the reform system. It is found in suburban communities. In this form the executive is a professional. The commission for does not have an executive and is rarely used. The single purpose governments are special districts. This form does not have an executive but structurally looks like the commission form at the urban level. It has all the functions of a government: taxing, making public policy, regulating the behavior of its citizens. The difference is that it performs these government functions on only one government service, such as, education, airports, or libraries.
As the metro area increases in size metro problems increase. These range from crime to traffic, from air pollution to hazardous landfills. Many students of these problems see the need for some type of consolidation as the solution. A list of the overall problem of jurisdiction is made in the text under “The Case for Metropolitan Consolidation” p. 374-376. However, not everyone agrees. Some argue against consolidation. Their arguments are made in the text under “The Case for Fragmented Government” p.376-377. Those who argue in favor of decentralization feel the system should be left the way it is. There are a number of proposals that constitute
metro consolidation. These solutions range from the
Metro solutions, especially the radical changes like city-county consolidation
have not been popular because it is very difficult to get the necessary
support to achieve a change in the government structure. The basic
reasons why metro reform has not been successful are numerous. Among
them are these: government officials distrust each other, they fear
a loss of power, there is widespread public apathy, a failure on the part
of the public to understand the impact of metro consolidation plans,
and the failure of community groups to support metro reform. The
result is a record of failure for metro reforms.
Pluralism
Probably the most troubling problem for public education in America is the inability of students to score comparatively high with other comparable students in other countries. It also involves the problem of why many students in the system do not score as highly as others. Particularly this is a problem for students in poor neighborhoods in big cities. This problem, which I call “why Johnny can’t read”, seems to have been a problem since public education began in this country. Other problems include attendance rates, dropout rates and graduation rates. All are major problems for the public school system. In some really poor schools dropout rates are higher than 50% and graduation rates are less than 30%. Over the years numerous reforms have been suggested
to fix these problems. Currently there are a number of reforms advocated
to solve the problems. Among these the major ones are:
No matter what reforms are implemented not much
seems to change. If anything in recent years the problems have been
getting worse. In part this is probably due to the fact that too
much is expected of public schools. Politicians often look to the
school system to address societal problems, such as, drugs, unemployment,
crime, and parenting out of wedlock.
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