POLS 207 Chapter 1

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Fifty States and 90,000 Local Governments

States created federal[1] government
States created (and continue to create) local governments

Governmental programs that do not work should not be copied.

There is little point in recommending solutions or policies that do not work.

Even so, some are because:

  1. unaware of another state's failure
  2. better chance for program to work
  3. benefits certain interests (don't care if it fails)
  4. temporary relief of pressure to take effective action
  5. voter demands
  6. desperation; grasping at anything that might offer solution
  7. winning reelection

successful programs sometimes aren't implemented for precisely the same (but conversely applied) reasons.

Policies are intended to solve problems (as seen by some in society, esp. politicians & interest groups


American Federal Government

"supreme boss" defined by

  1. Constitution
  2. Supreme Court's interpretation of it

States have similar structure (i.e. constitutions)

Federal decisions override state laws—assuming they're constitutional.

Guns in Schools

April 1995 — US v. Lopez

Supreme Court decided that a congressionally-passed law prohibiting guns within 1000 feet of a school was unconstitutional.

Not under federal jurisdiction; must be left to the states.

Most laws that affect us are passed by the states

local standard
legislation on a state's part that has no federal influence
nationwide standard
national/federal law that applies everywhere in the US

Term Limits

1995 — US Term Limits v. Thornton

Supreme court decided that restrictions on congressional candidates were unconstitutonal. Only allowable standards are:

  • citizenship
  • minimum age
  • residency in state

Even states have limits on the laws they can enact

Limits on state-level government officials are allowed.

direct democracy
citzens choose what laws to enact (as compared to representative democracy

National Speed Limits

Supreme court decided "that setting a national speed limit exceeded the powers granted to Congress by the Constitution."

Congress' way around this was to 'buy' the states' cooperation by providing highway funds with "strings attached"

Carrying Concealed Weapons

1995

Texas state law permitting citizens to carry concealed handguns with proper permits.

Arguments and hypothetical situations raised on pro and con sides of the issue, but law still stands.

No evidence of either side's hypothetical situations becoming reality:

  • crime rate relatively unaffected
  • no reduction in innocent bystander victims
  • no evidence that criminal shot first, then checked for gun
Why does evidence of the effect of proposed laws weigh so little in their enactment by other states?
refer to reasons at beginning of chapter
Should there be local standards on this, other, or all issues?
depends on the issue: constitutional? federal restrictions?

At least 3 actors play roles in federal system:

  1. Congress and the president (nationwide standard)
  2. State legislatures and executives (local standard)
  3. US Supreme Court (mediator)

Laws are not guaranteed to solve the problems they were intended to solve, and legislatures seldom bother to remove those that don't.


The Importance of State and Local Government Spending

(all presented data was collected in 2007)

Not as simple as federal spendiing / state spending:

federal grants & funds included in both federal and state spending
Spending Source % Total Spending Adjusted % (incl. fed. grants)
Federal Grants 9%  
Federal Spending 57% 66%
State Spending 34% 43%


Top areas of government spending:

  1. Health is greatest amount of total government spending (almost equal, but mostly federal)
  2. National Defense and Social Security are about tied (both all federal)
  3. Eucation (mostly local)
  4. Interest (mostly federal)
  5. Police and Corrections and Welfare almost tied (mostly local)

Nearly half of all government dollars spent comes from state and local government taxes; and most government services that affect us are managed at the state level


Finding the "Best" State

All states have differences because of different local governments.

Citizens are free to move to state with policies they prefer: people can vote with their feet.

Everyone has different preferences, so "best" is relative; there is no decidably "best" state.

Classes of state differences:

  1. physical, demographic
    • size and population
    • percentage metropolitan
  2. wealth
    • high per capita income[2]
  3. social problems
    • murder
    • unemployment
    • education and associated costs
    • death penalty
  4. nature of politics
  5. political institutions
  6. public policies

Comparing states that have a policy with those that do not, f the states are otherwise equal, allows us to see whether the policy works.


Footnotes

  1. federalism is interaction between national government and state/local governments
  2. per capita income = all income in state ÷ population