Chapter 4

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.

 

11^th 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 of legislators. 

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 2005

Adam Bradley              89^th District

George Latimer   91^st District

Richard Brodsky 92^nd District

Amy Paulin       88^th District

 

 

NY State Senate Districts 2005

Jeff Klein – 34^th District (Bronx/West)

Andrea Stewart-Cousins – 35^th District (West)

Suzi Oppenheimer 37^th District (West)

 

 

 

 

The Governor

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

Pardon;

Commute;

Parole;

Extradite

 

 

Direct Democracy in America

(found in state/local governments)

 

The Town Meeting

Where issues are proposed, discussed and voted on

 

Mayor/Council

The executive and legislative

 

***Manager -  hired by the council to           conduct day to business

 

Strong Mayor/ weak Mayor

 

District based elections/ at-large elections

Direct Initiative

Voters place a proposal on a ballot and enact it into law without involving the legislature or the governor. 

 

Indirect Initiative

 Legislature places a proposal on a ballot and allows voters to enact it into law.

 

Direct referendum(popular)

 A 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.

 

Recall

Voters can remove a public official