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About Arkansas, State and Local Government
Syllabus and schedule
For You and About You
Pre-test (Don’t Panic!)
Syllabus/Contract/Grade release form
Text/Reading for next class
What’s Interesting in State and Local Government?
Did you get my e-mail? http://www.governing.com/topics/politics/gov-2016-legislative-issues-to-watch.html#.VpCdiMBkN-g.mailto
Health Care – esp. Exchanges and Medicaid Expansion
God, Gays, Guns and the Supremes
Energy costs – Is $1.60/gal gas normal? Is it good?
(Just last year this question was about $3/gal gas!)
Money and Employment: Are we recovering?
Education - again… plus higher education
The Red Tide – single party control in many states
How will the new “new” Speaker treat the states and locals? My guess: Not so good.
What’s Interesting in Arkansas State and White County/Searcy Local Government?
It is session time! Didn’t we just have one?
We now annual sessions.
This one is theoretically just a fiscal session. We’ll see about that!
Medicaid expansion; late start – April; Can the Republicans ‘govern’?
Did you know that former Governor Beebe and retiring State Supreme Court Justice Hanna are both from the political powerhouse of Searcy?
The new-ish Mayor, David Morris, was once the County Judge! He and the Council are working on the budget for next year.
Mike Lincoln is still the County Judge.
Natural Gas Drilling may have long-term implications. Surprise!
Why Should I Care?
What Have State and Local Governments Done for Me Lately?
(and the Reader’s Digest Condensed Version of Federalism)
Why Should I Care?
Do you have a:
Sink and a Toilet
Stomach and Lungs?
Do you like to:
Get the correct change back at McDonald’s
Drive to Little Rock
Hunt or Fish
Breath relatively clean air, drink clean water
Be a part of the educated citizenry necessary for a democratic system of governance?
Then You Should Care About Your Government
And be willing to pay for it…
What Do Municipalities Do?
Construction and Building codes
Planning and Zoning
Parks and Recreation
What Do Counties Do?
What Does Your State Government Actually Do?
Family Assistance (55% federal funds)
Transportation (30% fed)
95% of all employees are state and local; 90% of all prisoners
Insurance, Physicians, Banks, Elevators, Utilities
Boards and Commissions
K-12 curriculum and text selection
Funding, Funding , Funding
But wait, there’s more!
It slices, it dices, it has taxing and rulemaking authority! What is it?
A Special District!
Waste management districts
Improvement districts; Downtown development authorities
Water Management Districts
Interstate and trans-regional groups:
COGS – Council of Governments
Regional Planning Commissions
The most common special district:
These things are like tribbles!
How Do Governments Relate?
A loose organization of independent states in which the central unit of government cannot act upon individuals and which cannot effectively compel its member states to action
Nationally, we don’t use this one – we fought a war over that…
However, some regional special districts fit his model
A system in which a national government shares power with the state and regional governments AND in which supremacy rests with the national government
The states and the US national government operate in a federal system
A system in which states or regional governments can exercise only those powers given them by the central unit of government
Common in Europe
Some cities in the US still relate to states in a unitary model
How Do Governments Relate?
Unitary Nation State
Power and Money
In governmental relations, as in many relationships, two intertwined things are key:
1) Telling other people what to do!
The Distribution of Power and Responsibility
2) Money – getting it, keeping it and sharing it
The Distribution of Scarce Resources
Power and Money are two great ways to track the changes in federal/state relations
Follow the Cases
Power: The ability to make others do what you want them to do.
McCullough v Maryland (1819)
The Second National Bank and the state of Maryland
The Supremacy Clause
(Judicial Review of STATE activities)
The Court has overturned 1100 state laws; only 200 federal laws
the “Necessary and Proper” clause
Article 1, Section 8, Clause 18
(A handy-dandy expansion of federal powers)
Said that the Necessary and Proper Clause (Article 1, Section 8, Clause 18) gave Congress the flexibility to create a National Bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland's taxation of the bank violated the Supremacy Clause (Article 6, Clause 2)
Laid the groundwork for a significantly more significant federal government!
Answered a pivotal question about who would be the “most equal”
This is especially important in terms of both the size and scope of the federal government and in terms of the balance of powers
One More for the Road (or the bay)
Gibbons vs. Ogden (1824)
established that the power to regulate interstate commerce was an exclusive national power
forbade states from enacting any legislation that would interfere with Congress's right to regulate commerce among the separate states.
I’m not as think as you drunk I am… Figure 3-11 Legal Drinking Age: 1975
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, Alcohol and Highway Safety Laws: A National Overview (Washington, DC: 1979).
One More for the Road, but only if you are 21…
South Dakota vs. Dole (1987)
Though Congress cannot set a federal drinking age,
(the 21st amendment basically returns the regulation of alcohol to the states)
They can tie the availability of grants in aid to a particular behavior, like raising the drinking age!
This is the classic purse-strings/apron strings combo!
Follow the Money
She who holds the gold makes the rules…
The Money Trail Begins
1837 – first federal money (not land) grants from surplus funds
Went to the states with no strings attached! Ahh, the good ‘ole days…
1862 – the Morrill Act – land grants for Agricultural colleges
Required annual reports and accounting of the use of federal funds
The Federalist Dessert Tray
The Cupcake Model (ante-bellum)
Confederate system with compacts and nullification
The Layer Cake Model (Civil War to 1937)
Fixed, separate responsibilities: State jobs; Federal jobs
The Marble Cake Model (1937 to 1960’s)
Overlap in policy arenas
The New Deal
From 1952 to 1961 the federal aid budget tripled to $7.3 billion
How many types of fiscal federalism are there?
Do you have more than one Constitution?
Chapter 1 in the Government in Arkansas text
Chapter One, pages 25-39, and 67-72 plus Chapter Two, pages 43-54 in State and Local Government (Saffell)