PSC 2212 Weekly Study Questions and Key Terms PDF

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PSC 2212 with Professor Yoder answers to weekly study questions and key terms...

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→ August 31: US Constitution & Federalism Know: law is based on: common law , constitutional law, regulations, cases and opinions If rules and regulations are properly promulgated (follow administrative procedures act) they become law 4th branch: bureaucracy

→ September 5: State and Local Government Policies Class Notes: Federalism: constitutional limitation on federal power Separation of Powers: split between executive and legislative levels, division of roles and responsibilities Pluralism: Association (regional, ethnic, racial, religious) Executive Level = governor, directly elected ● Lt. Governor, Attorney General, Sec. of State ● Can organize however they want Legislatures: approve state budget ● Bicameral ● Nebraska is only state with 1 chamber Note: CA prop 13- property tax revolt = 1978 States ● Redistributive policies: how do states/localities redistribute resources-● 60s/70s = major reform drivers: rising expectations of we the people lead to state reform and state lobbying in dc ○ National governers association 1. Enhanced revenue 2. Expanded state operations 3. More rapid diffusion of innovation 4. Interjurisdictional cooperation 5. More state-national conflict -toughest challenges to non-national govt: Fiscal stress and interjurisdictional conflict

→ September 7: Policy Communications that Matter This was how to write a policy brief!

→ September 12: Federalism and State and Community Policies Bowman Chapter 2 Vocab

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Unitary system: One in which all authority is derived from a central authority Confederacy: A league of sovereign states in which a limited central government exercises few independent powers. Federal system: A means of dividing the power and functions of government between a central government and a specified number of geographically defined regional jurisdictions. Factions: Any groups of citizen or interests united in a cause of action that can threaten the rights or interests of the larger community Enumerated (delegated) powers: Those powers expressly given to the national government, primarily in Article I, Section 8, of the Constitution Concurrent powers: Those powers granted by the Constitution to both the national and the state governments Nation-centered federalism: A theory holding that the national government is dominant over the states State-centered federalism: A theory holding that the national government represents a voluntary compact or agreement between the states, which retain a dominant position Reserved powers: Those powers residing with the states by virtue of the Tenth Amendment Tenth Amendment: The amendment to the Constitution, ratified in 1791, reserving powers to the state. Compact Theory: A theory of federalism that became the foundation for states’ rights arguments National supremacy clause: Article VI of the Constitution, which makes national laws superior to state laws. Necessary and proper clause: Portion of Article I, Section 8, of the Constitution that authorizes Congress to enact all laws “necessary and proper” to carry out its responsibilities Implied powers: Those powers that are not expressly granted by the Constitution but are inferred from the enumerated powers Commerce clause: Part of Article I, Section 8, of the U.S Constitution, which gives Congress the power to regulate trade with foreign countries and among the states. General welfare clause: The portion of Article I, Section 8, of the Constitution that provides for the general welfare of the United States Fourteenth Amendment: Enacted in 1868, this amendment contains citizenship rights, due process, and equal protection provisions that states must apply to all citizens Sixteenth Amendment: Enacted in 1913, an amendment that grants the national government the power to levy income taxes. Federal preemption: The principle that national laws take precedence over state laws. Dual federalism: A model of federalism in which the responsibilities and activities of the national and state governments are separate and distinct. Cooperative federalism: A model of federalism that stresses the linkages and joint arrangements among the three levels of government Creative federalism: A model of cooperative federalism in which many new grants-in-aid, including direct national-local financial arrangements, were made New federalism: A model that represents a return of powers and responsibilities to the states

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Revenue sharing: A “no-strings” form of financial aid from one level of government to another Devolution: The delegation of power and programs from the federal to state and local governments Grant-in-aid: An intergovernmental transfer of funds or other assets, subject to conditions Categorical grants: a form of financial aid from one level of government to another to be used for a narrowly defined purpose Block grant: a form of financial aid from one level of government to another for use in a broad, functional area Formula grant: A funding mechanism that automatically allocates monies based on conditions in the recipient government Project grant: A funding mechanism that awards monies based on the strength of an applicant government’s proposal Federal mandate: A requirement that a state or local government undertake a specific activity or provide a particular service as a condition of funding Questions: 1. What is the proper balance of power and responsibility between the national government and the states? 2. In what areas has there been a resurgence of state and local governments? 3. What models describe the power relationships among the three level of government? 4. What is a key ingredient of federalism, particularly in financial institutions? 5. In what areas does the national government impose certain controversial requirements on state governments? Harrigan Chapter 3 Vocab Block grant: A grant that can be used for almost anything in a broad functional area, such as education or transportation. A block grant may be created by consolidating several categorical grants into a single grant. Categorical grant: a grant-in-aid given for a specific purpose, such as building airports or improving foreign language instruction in high schools. (Also called categorical aid) Commerce Clause: The provision in Article II, Section 8, of the Constitution that grants Congress the authority to regulate interstate and international commerce Compact theory: The theory of John C. Calhoun that the U.S Constitution was a compact between state governments rather than a charter from the people. This theory could be used to justify the states defying the national government. Cooperative federalism: The theory of federalism in which federalism, state, and local levels of government cooperate in domestic policy making. This theory largely replaced dual federalism Delegated powers: [See enumerated powers] Dillon’s rule: The principle that city government powers must be interpreted very narrowly. This rule gives the states considerable authority over localities and sometimes has left local

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governments unable to deal with local problems on their own Dual federalism: The concept of federalism in which state and national levels of government have separate areas of authority. Local governments were largely ignored. Popular until the 1930s. Distinct from cooperative federalism Due Process Clause: The provision of the Fifth and Fourteenth Amendments that protects a person from deprivation of life, liberty, or property without due process of law Energy crisis: A situation in the 1970s when petroleum and natural gas sources were scarce and prices for them increased precipitously. Oil prices also surged in 2008 Enumerated powers: The powers specifically granted to Congress and/or the national government more generally by the Constitution Equal protection clause: The provision of the Constitution's Fourteenth Amendment that forbids any state to deny any person in its jurisdiction the equal protection of the laws. Sometimes used to stop states from discrimination against nonresidents, although a number of expectations have been allowed. Federalism: A formal or informal allocation of authority between a national government and one or more levels of subnational governments. Responsibilities may be clearly divided or may be shared among levels of government Formula grant: A grant-in-aid in which the funds are dispensed according to a formula specified by law. When the formula is adopted, officials at the receiving level of government know how much funding they will receive Frostbelt: The Northeast and Midwest Fungibility: The tendency for grant money given to one program being used to replace money the recipient planned to spend on the program. The freed-up money may then be spent on a different program. This phenomenon limits the influence of grants-in-aid over the policies of the lower level of government General revenue sharing: A program in which the federal government turned funds over to state and local governments to use as they saw fit with very few federal guidelines on how the money was to be spent. Many states have similar programs General welfare Clause: This clause of the U.S Constitution gives Congress the authority to enact and collect taxes, duties, imposts and excises to pay for debts and provide for the common defense and general welfare of the U.S This provision has been used to support expansion of the federal government. Grant-in-aid: A federal payment to a state or local government, or a state payment to a local government to carry out an activity or to run a program. Intergovernmental relations (IGR): A term used for contemporary federalism in which many different layers of government interact with each other in a complex system. May also include private organizations National supremacy clause: The provision in Article VI of the Constitution that makes the Constitution and all legislation passed under its authority the supreme law of the land. Necessary and Proper Clause: The clause in Article I, Section 8, of the Constitution that gives the Congress power to pass all laws necessary and proper for carrying into execution the

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enumerated powers. New Federalism: Attempts by Nixon and Reagan administrations, and congressional Republicans since that time, to turn federal responsibilities over to the states, in part by giving the states more flexibility in spending federal grants. The Reagan administration added the concept of “devolution” and made sharp cutbacks in federal aid to states and communities Open-ended reimbursement: A grant-in-aid in which the federal government automatically reimburses state or local government for a share of whatever program funds are spent. Primarily used for entitlement programs. Such as unemployment compensation, in which the funds will vary greatly with economic conditions Project grant: A grant- in-aid in which the recipient government has to make an application to the granting agency, and the granting agency has considerable discretion in deciding which applicants will receive the grant Reserved powers: The powers reserved to the states or to the people of the United States by the Tenth Amendment to the Constitution Sagebrush Rebellion: The rebellion of many states in the West against federal ownership and management of significant amounts of western land. Partly a reaction to federal environmental protection policies. Scope of conflict: The size and location of a political conflict- where it is addressed, and who gets involved. It may be private, local, state, or federal. It may involve one or more chief executives, legislatures, courts, and/or agencies, as well as various interest groups and parties. The scope of conflict dictates what sorts of policies are chose. People who are unhappy with a decision often try to change the scope of conflict to another arena where they hope to get a different decision. Severance tax: A tax levied on natural resources extracted from the earth. Much of the cost of the tax can be passed onto customers in other states or even other countries. Sunbelt: The South and Southwest Unitary government: A system of government in which all governmental authority resides in the national government. If lower levels of government exist, they have no independent authority

Questions: 1. How has the federal system changed over the year? Why has it changed? 2. How do higher level of government try to influence the actions of lower levels of government? What difficulties may those efforts encounter? 3. Why have some reformers tried to reduce national involvement in domestic policy making? How successful have those efforts been? 4. Why are regional conflicts important in intergovernmental relations? Notes from class: Federalism:

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Unitary → France Confederacy → Southern states Federal System → Canada Clauses: 1. necessary and proper: grants congress power to make laws they deem necessary and proper 2. National supremacy : national law is superior to state law 3. Commerce: federal govt. Can regulate interstate commerce 4. General welfare: promoting general welfare of country -Representative, Division, State Control Fungibility- when a state devotes funds to a prog fedl govt likes, they take that money, use it on the program, and use the money they would have spent on that program on a diff program the govt doesn’t care about Revenue: income; states annual income from which public expenses are met Expenditure: action of spending funds/amount of funds spent Grant-in-Aid: amount of money given to a local govt/institution/particular scholar Cooperation Among States: 1. Full faith and credit 2. Rendition 3. Privileges and immunities 4. Compact Clause Federal money flows through state to local govt. Lots of this money is earmarked. 4 reasons why federal govt has upper-hand in terms of power of state 1. Grant in aid funds 2. Court orders 3. Preemptive legislation 4. Unfunded mandates - bane of existence for local government Competitive federalism: competition among states for power and funding. Also happens across local levels of govt. Reinventing govt initiative: al gore wanted to make govt more streamlined reform how us federal govt works

→ September 14: State Constitutions and State and Local Gvts.

State constitutions: How state SC’s ground rulings

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COMMON CHARACTERISTICS: 1. All distribute and contain political power 2. Set basic framework and operation of govt 3. Allocate power and money across 3 govt branches 4. Establish scope and authority of specific constitution 5. Protect individual rights Fundamental law: state and federal constitution and the laws emerging from them. 1960s: revisions concentrate on power-> executive branch. Introduce a unified court system. 1800s: disillusioned by state legislature leads to a n accumulation of exe powers. People are tired of corruption. Basic section of model state constitution 1. Bill of rights 2. Shares power 3. Suffrage and elections 4. Legislature 5. Executive 6. Judiciary 7. Finance 8. Local govt 9. Public edu 10. Civil service 11. Inter-govt. Relations 12. Constitutional revisions Major methods of change are the legislative proposal, initiative, constitutional commission, and constitutional convention Bowman Vocabulary Fundamental law: basic legal and political doc of a state; it prescribes the rules through which government operates Legislative supremacy: the legislature’s dominance of the other 2 govt. Branches Model state constitution: an ideal of the structure and contents of a state constitution, emphasizing brevity and broad functions and responsibilities of government Positive-law tradition: a state constitutional tradition based on detailed provisions and procedures Higher-law tradition: a state constitutional tradition based on basic and enduring principles that reach beyond statutory law. Interpretation: an informal means of revising constitutions whereby members of the executive, legislative, or judicial branch apply constitutional principles and law to the everyday affairs of governing. Judicial review: the power of USSC or SSC to declare unconstitutional the actions of the executive and legislative branches as well as decisions of lower courts

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Ratification: the formal approval of a constitution or constitutional amendment by a majority of the voters of a state Legislative proposal: the most common means of amending a state constitution, wherein the legislature proposes a revision, usually by a majority. Initiative: a proposed law or constitutional amendment that is placed on the ballot by citizen petition Direct initiative: a procedure by which the voters of a jurisdiction propose the passage of constitutional amendments, state laws, or local ordinances, bypassing the legislative body Indirect initiative: similar to the direct initiative, except that the voter-initiated proposal must be submitted to the legislature before going on the ballot for voter approval. Constitutional convention: an assembly of delegates chosen by popular election or appointed by the legislature/gov to revise an existing constitution or to create a new one. Constitutional commission: a meeting of delegates appointed by the gov/legislature to study constitutional problems and propose solutions. Questions 1. What is the purpose of a state constitution? a. State constitutions serve as the fundamental law of the state--superior to statutory law. 2. How have state constitutions evolved ? a. Evolved from basic colonial charters with limited powers in the executive office. This view on legislative supremacy has shifted to increase the executive power. Most of this reform took place in the 1800s, as people became disillusioned with limited power and non-functioning state governments. 3. How have state constitutions evolved to meet the challenges of a modern governor? a. Constitutional reform has modernized the documents and made them conform closer to the present challenges of a modern governor. States have responded by creating constitutions that are lengthy and detailed--a la positive law tradition---or by putting brief documents that outline basic principles and processes of government--the higher law tradition. 4. What are the methods for changing state constitutions? a. Interpretation, judicial review, legislative proposals, initiatives, constitutional convention, and constitutional commissions. Harrigan Vocabulary Constitutional Convention: A convention that drafts a new constitution and proposes it to voters for ratification Constitutional revision commission: a commission appointed by the legislature to study the constitution and make recommendations for change. The revision commission may be either a study commission (presents results to legislature) or a preparatory commission (presents results to constitutional convention) Dedicated fund: portion of a budget set aside for a specific purpose

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Earmarked revenues: revenues raised from specific sources to be spent for related purposes Fundamental law: the law of a constitution Gat...