State and local governments
The question of power of state and
local governments and their relationship with the federal government is deeply rooted historically.
Chisholm v Georgia (1793)
The Supreme Court affirmed its jurisdiction
under Article III to include the right to hear a suit brought on by a citizen against a state in which he did not reside.
State sovereignty, independence,
and supremacy were checked dramatically.
11th Amendment was ratified in 1798
granting sovereign immunity. A state cannot be sued in any federal or state court without its consent.
Our federalism does not include the
theory that government is built from the bottom up.
The power of the federal government
has its roots the states who formed a union to empower it.
State governments in turn empower
the municipal governments (local)
Dillon’s Rule (1868)
Local government does not have sovereignty. It draws its powers from the states.
Baker v Carr 1962
Addresses the dense population issues
of cities and the sparse population of rural areas each having the same number
Reason: cities were not fully represented.
The court establishes
“one-person, one vote”
State legislatures have become more
representative, and their agendas are more responsive to the needs of their constituents.
When state law conflicts with federal
law, we rely on the principle of inclusion
State courts would be obliged to
enforce federal law.
Legislative Districts of a State
Adam Bradley 89th District
George Latimer 91st District
Richard Brodsky 92nd District
Amy Paulin 88th District
NY State Senate Districts 2005
Jeff Klein – 34th
Andrea Stewart-Cousins – 35th
Suzi Oppenheimer 37th
is the chief executive of the state with power to veto legislation. (general package veto)
and the line-item veto (specifics)
Both can be overridden by 2/3 majority
of each chamber
A Governor has the power to
Direct Democracy in America
(found in state/local governments)
The Town Meeting
Where issues are proposed, discussed
and voted on
The executive and legislative
***Manager - hired by the council to
conduct day to business
Strong Mayor/ weak Mayor
District based elections/ at-large
Voters place a proposal on a ballot
and enact it into law without involving the legislature or the governor.
places a proposal on a ballot and allows voters to enact it into law.
process in which voters can veto a bill recently passed in the legislature by placing the issue on a ballot and expressing
disapproval. In Advisory referendum, voters cast non-binding ballots.
Voters can remove a public official