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Professional Petitioners Aid Ballot Initiatives
Frosch, paid petitioners getting issues on the ballots
Citizens United's Corporate Candidate
Greenblatt, the 2010 decision by the U.S. Supreme Court that allows corporations and unions to spend directly from their own treasuries in support of or opposition to political candidates-- create new opportunities for the money you've set aside for lobbying and political activities.
Legal Battles Erupt Over Tough Voter ID Laws
Bronner, Opponents of the laws note that nearly every state legislature that has passed them in the past two years is Republican-run and that those most affected are minority groups and the urban poor, constituencies that tend to vote Democratic.
Voter ID Laws Lead Flurry of New Statutes
Millions more Americans will be required to show photo identification when they head to the polls in four states in 2012, headlining the welter of new laws across the nation that take effect with the turn of the year-- reflect concerns related to illegal immigration, employment and the we…
Federalist No. 51
Checks and Balances—checks and balances prevent one section from having too much power—prevents majority faction—states can protect their own citizens—federal government can make sure the country is strong—"the legislature will predominant"—today the executive dominates.
Federalist No. 10
what is James Madison afraid of?—Factions, wanting to impose their opinions on society—people with similar opinions try to impose—main factions he was afraid of was majority factions—they can oppose tyranny amongst the minority—cannot destroy factions without destroying liberty—Madison's …
Lobbying the Legislature is big-money business in Juneau
Cockerham, Municipalities spent their tax dollars on lobbyists to get state money from the Legislature-Alaska cities and school districts are among the major employers of lobbyists.
Cities Without Newspapers
1. Leads to lower turnout 2. Less informed citizens 3. More corruption in government 4. Higher incumbent re-election rates 5. Possibly less hard work on parts of officials
Disappearing Act: May 2009
A declining statehouse press corps leaves readers less informed about lawmakers' efforts--Declining coverage of the statehouse is one casualty of the rapidly deteriorating newspaper business. There are fewer journalists spending less time writing fewer stories about legislatures than in t…
Instant Influence
A new generation of web scribes is shaking up state capitol politics--blogs are filling the void left by newspapers.
Why study states?
We live and work here, they spend money, important responsibilities, serve as policy laboratories by example, training grounds for future Federal politicians, players in the Federal System.
Comparative Method
States are different from each other--we can explain their differences--we can examine the different effects of policy.
Exit-Voice-Loyalty
One can exit a state, use their voice to change the state, or remain loyal, exiting or the threat to exit can affect public policy
Mentally Exiting
Unable to actually exit, stop paying attention to the public and the government
Systems Model
A model developed by David Easton--Inputs-->System-->Outputs-->Environment-->Inputsq
Inputs
Part of the Systems Model--Demands and supports places upon government, might be popular pressure for, or against some policy; or economic pressure
System
A part of the Systems Model--the political system itself, includes things such as party control, who the governor is, the power of the different branches, the power of the interest group population, and the state constitution.
Outputs
Part of the Systems Model-tangible policies and symbolic policies.
Ideology
A coherent belief system about the world, not the same as a party
Classic Liberalism
We should have a government that respects individual rights, was the political philosophy of Thomas Jefferson and the signers of the Declaration of Independence, committed to the ideal of limited government and liberty of individuals including freedom of religion, speech, press, assembly
Liberalism
it is right for the government to intervene in the economy, taxes and business controls are fine, but the government should not intervene in social aspects
Conservatism
It is right for the government to intervene on social issues, but not in the areas of business, finance, and taxes.
Unitary Government
The central government is the most powerful and is guaranteed sovereignty--lower tiered government exists underneath--central government can give and take away, all powers flow from them.
The States and Localities
this relationship can be described as unitary--states have guaranteed right to exist and some guaranteed power enshrined in the Constitution--localities have neither, only have as much power as the State government is willing to give.
Confederalism
The regional governments are guaranteed sovereignty; the national government is chartered by the regions, and exists at their pleasure--not very common in modern times--you vote gor the legislature and the legislature would vote for Congress.
Federalism
Both the regional and national governments are guaranteed some sovereignty, each has an independent right to exist--regional governments cannot have their boundaries altered or be abolished without their consent--Power comes from the people, flows to both central and state governments ind…
Why Federalism?
Founding Fathers feared a strong central government--they were also scared of a government that was too weak (depression, trade wars, Shay's Rebellion).
Founding Fathers
Sherman, Madison, Hamilton--Madison wanted a stronger government, Sherman wanted both chambers to be based on the states--The Great Compromise--one chamber based on population, one that it equal.
Four Pillars of Federalism
Constitutional, Political, Fiscal, Regulatory
Tenth Amendment
Reserve Clause--protection from Federal encroachment
National Supremacy Clause
federal law trumps state law provided that it is a legitimate area for Federal action
General Warfare Clause
Congress has the power
Necessary and Proper Clause
Implied powers, national government has the right to do whatever they seem fit, as long as it is appropriate, narrow or strict interpretations.
Commerce Clause
Grants the Federal government the power to regulate commerce with foreign nations and between the states
Nullification
Understanding Federalism over time-a U.S. state has the right to nullify, or invalidate, any federal law that a state has deemed unconstitutional
The Kentucky and Virginia Resolutions
An example of nullification--were political statements drafted in 1798 and 1799, in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional.
Hartford Convention
The convention discussed removing the three-fifths compromise which gave slave states more power in Congress and requiring a two-thirds supermajority in Congress for the admission of new states, declarations of war, and laws restricting trade.
Tariff of Abominations
was a protective tariff passed by the Congress of the United States on May 19, 1828, designed to protect industry in the northern United States-The reaction in the South, particularly in South Carolina, would lead to the Nullification Crisis that began in late 1832
John C. Calhoun
the most effective proponent of the constitutional theory of state nullification.
Nullification Crisis
was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared by the power of the State that the federal Tariffs of 1828 and 1832 were unconstitutional and therefore null and void within the sovereign bo…
Abelman v Booth
which found that Wisconsin did not have the power to nullify the Fugitive Slave Act.
Dual Federalism
states and federal governments are equally powerful but their powers don't overlap--The earliest type of relationship established between the federal government and the states where the federal government's powers were defined as delegated and the state governments' powers were reserve--L…
Cooperative Federalism
FDR's New Deal, expanded drastically over commerce, taxation, and the economy in general--Marble Cake
Creative Federalism
LBJ's Great Society, gave him a lot of grants and aid--whoever got the money could use it how they liked-which placed a major responsibility on federally funded programs.
New Federalism
Political theory first espoused by Richard Nixon and carried out by Ronald Reagan. __________ advocates the downszing of the federal government and the devolution of power to the states--"ended welfare as we knew it"
State's Rights
Relative balance of power shifts over time
U.S. vs. Lopez
Commerce Clause, Guns in school, first time the Supreme Court shot done the defense of Commerce Clause
NFIB vs. Sebelius
affordable care act, Obamacare, cannot be justified under the Commerce Clause
Poltical Pillar
States have leverage here, states form the basis for elections to the Presidency, Senate, and the House--States run elections, redistricting
Fiscal Pillar
The Federal gvt. provides the states with a great deal of funding-1/3 of state spending comes from--Grant in Aid, Categorical Grant, Formula Grant(need-based), Project Grant(RACE TO THE TOP)-Bloc Grant
Regulatory Pillar
3/4 of all aid is more than just money, it includes regulation, mandates certain actions---mandates (Highway Speed Limits)--\
Unfunded Mandates
The Federal Government requires this but don't have to fund
14th Amendment
Reconstruction Era Amendment--redefined citizenship, such that it could not be denied on basis of race--incorporated the Bill of Rights to the states
16th Amendment
1913allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results. This amendment exempted income taxes from the constitutional requirements regarding direct taxes, after income taxes on rents, dividends, and interest were ruled to be di…
U.S. Supreme Court
Arbiter or umpire of Federalism--arbitrate interstate disputers
Interstate Rendition Clause
states have to cooperate with each other--states are supposed to extradite those accuse of crimes in other states upon request
Kentucky v Dennison
the Court denied another mandamus petition, holding that—even though the Extradition Clause of the Constitution obliged states to extradite criminals to other states for trial—this provision was not enforceable in the federal courts
Puerto Rico v Brandstad
Overruled Kentucky v Dennison
Full Faith and Credit Clause
States will recognize licenses, records, judgements, etc. issued by other states--generally comes up when talking about civil court rulings--think of it terms of licenses and diplomas.
Defense of Marriage and Act
Most likely outcome, is that the U.S. will strike down DOMA but allow states to define marriage--this could lead to a mishmash of laws--non-literal war between the states over marriage recognition
Privileges and Immunities Clause
Out of staters cannot be discriminated against--guaranteed the right of all citizens to travel through any state and purchase property.
Interstate Compact Clause
States may not enter into interstate compacts without the consent of Congress--usually involves the creation of some agency to deal with some common resource i.e. NY and NJ Port Authority, Driver's License Compact
Informal Cooperation
Uniform laws, information sharing, interstate compacts, Arbitration
Tribal Governments
In some states, Native tribes are a major part, if not in population, at least in land ownership--Relationship between states and tribal gvts is complex--tribes are semi-sovereign and have control over internal affairs so as they comport with the U.S. Constitution.
Federalism Pros
best manages political conflict, large and diverse country that must keep different states happy, encourages innovation, promotes political participaton
Federalism Cons
Injustice, Segregation, slavery, can cause a mishmash of laws, RACE TO THE BOTTOM, can cause disharmony--i.e. Hurricane Katrina(no clear control)
Policy Diffusion
Defined as the transfer or emulation of an idea, institution, or policy of one political jurisdiction to another, considered a major benefit of the Federalist system--Laboratory of Democracy
Diffusion of Innovations
Everett Rogers, 1962, said there would be an s-shaped curve to diffusion of innovation, slow start, acceleration and then slow again-The categories of adopters are: innovators, early adopters, early majority, late majority, and laggards
Internal Factors of Diffusion
Policy Entrepreneurs, Demographic similarities, "Bottom Up" Federalism-"No Smoking in Bars"
External Factors
Geographic Proximity, Political Proximity, Professional Associations, Events, Federal Law
Stand Your Ground Law
Conservative states have it, liberal do not, case of conservative states passing laws passed by other conservative states
Rate of Diffusion Solution
Internal factors are more important, rates of adoption seem to be slower when it is mainly internal factors at play, rates are slow when its mainly policy learning taking place since it takes time for policies to have an effect.
Constitutions are
fundamental laws
Theoretically the State Constitution shouldn't include legislation, but in practice many states can't resist..
guaranteeing the right for public sector employees to organize, defining marriage, hunting and fishing rights, etc.
Fundamental Orders of CT
1639, earliest Constitution in the U.S.
Royal Charters
Most colonies operated under these, but they were inadequate after the Declaration of Independence
Bill of Rights
Generally less expansive than the later U.S. Bill of Rights, for example, Freedom of Religion was rarely guaranteed
Legislative Supremacy
Initially the legislature was given the most powers and assumed to be supreme
Progressive Movement
Non-Partisan Elections, Unicameralism, RIse of the Initiative(citizen participation, direct democracy), there was one true solution but politics was the problem.
Reynolds v Sims
many State Senates operated at the same level as others, forced the alteration of many State Constitutions, State Senates and Mal-apportionment, one man one vote
State and U.S. Constitution
U.S. Constitution is the fundamental law for the whole country, State Constitution may not contradict it.
Positive Law Tradition
Very Detailed Provisions, establish basic framework for government, but then also provisions and procedures that give more rights.
Higher law tradition
a state constitutional tradition based on basic and enduring principles that reach beyond statutory law
Methods of changing State Constitutions
The State Supreme Court has the power of judicial review over state laws, Legislature approval, Initiative, Constitutional Conventions
Initiative
Citizens organize, write an amendement, get sufficient signatures, and it is placed on the ballot--bypasses the legislature and the government entirely.
Problems with State Constitutions
Wordy, Harder for laymen to follow, can lead to contradictory provisions and inoperative provisions
The American Voter
an important work in Political Science, examined prior theories about voter behavior, found that only 15% of Americans cast their ballots based on anything even approaching an ideology-- most cast on the nature of the times, or based on personal feelings.
Anthony Downs and the Calculus of Voting
Decision to Vote=P-C
Parties Come to our Rescue
Party Heuristic, shortcut
VAP
percentage of persons over 18 who vote, this includes people forbidden by law to vote
VEP
percentage of persons over 18 and those who are eligible.
Voter turnout
is uneven by demographic
Other forms of participation
Writing to elected officials, campaigning for elected official, donate money, running yourself, discussing politics
Apathy and Alienation
Not caring vs. Not liking
Institutional Factors
Voter Registration, Early Voting, Timing of Elections, Vote by mail, etc.
Convenient Voting
Motor Voting Laws, Vote by Mail/Absentee, Same Day Registration, Early Voting
Inconvenient Voting
Voter ID laws, more stringent voting registration requirements, voter roll purges, limiting or eliminating early voting
David Elazar's Cultures
Traditionalistic, Moralistic, Individualistic
Moralistic
believe in public good, that it is important for everybody to participate, high turnout and highly competitive elections, everyone should vote because they government is everyone's business
Individualistic
see politics as just another job, have professional politicians, a certain amount of corruption is to be expected, since you only participate if it benefits you somehow, government should be limited, keep the market place functioning and encourage business
Traditionalistic
believe in government by the elites, they emphasize ties rather than issues, voting is low since governance is the duty of the elites
Political Culture is
not ideology
Presidential electorate is more representative than the
Mid-Term electorate
Close Primaries
Only those citizens registered with that party may vote in that party's primary
Semi-Closed
Party registrants can only vote in their party, but independents may choose which party to vote in
Semi-Open
Any citizen may vote in any one party's primary regardless of registration, but you must specifically request a ballot before the election officials
Open Primary
Any citizen may vote in any one party's primary, which party primary you voted in is secret even to the election officials
The Top-Two Primary
The Jungle Primary, is used to elect the actual office holder, not a nominee
Pros of the Jungle Primary
Meaningful votes for all citizens, prevents tantamount to election party nominations that exclude independent and minority party voters, encourages moderate candidates
Multi-Member Districts
gives minority parties a chances to win a seat
Plurality Voting
whoever wins the most votes gets to have the office, regardless of whether or not that is a majority
Single-Member, First Past the Post--
election is one that is won by the candidate with more votes than any other(s)
States Run elections
with only minor requirements placed on them by the U.S. Constitution and Federal law
Coat Tail Effect
is the tendency for a popular political party leader to attract votes for other candidates of the same party in an election.
Representative
Officials are elected by the public--reelected or replaced
Direct
The public votes directly on political issues, in practice they end up voting on a handful of issues the receive sufficient signatures (James Madison would not be a fan of this)
Direct Democracy
Origin, the Progressives--Initiative, Referendum, Recall
Referendum
is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy.
Recal
is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended. Recalls, which are initiated when sufficient voters sign a petition
Stages of the Process
Drafting (can be written by anyone)-Qualifications(a certain number of valid signatures)-Campaigning (no limits on spending)
Germane
law has to be about one subject
The Killer Initiative
similar but does the opposite of the initiative
Minority parties love
Direct Democracy
Estates
Noble, Common, Church and Media
Penetrated Market
The individuals or organisations in a particular market who have already purchased the product--worst problem--state government gets very little coverage
The Importance of Media Markets
States the have major news outlets in the state capital tend to receive better coverage of state government--uproots corruption
Profit Driven Media
has ethics, have to make money, local government news is actually more appreciated--state politics is basically considered dull
Issue vs. Horse Race Coverage
Covering an election or any political event, as a matter of who is wining, and who is losing--neglects to cover issues
Lowest Common Denominator
Clear protagonists, antagonists, story with a movement, must be conflict
Sensationalism
often make provocative statements, technological changes exacerbated this
Zaller and the Fire Alarm
the real role of news media is to reach the uninterested because the interested will find a way to inform themselves--especially true with state level politics
Biased News Media and the Hostile Media Effect
journalists try to maintain unbiased, dont find media biased but the public seems to think so
New Media
Decline of Newspapers, cutting their capitol bureaus, less coverage, less informed public, more corruption
Local TV News
Most people watch the local news, professional journalists but they can work on the cheap, their coverage of state gvt tends to be lackluster
24 Hour Cable News
Rise of CNN, Fox, MSNBC, engage in investigative journalism, tend to only cover national news, unless local news is sensational
Network News
Unbiased, professional journalists, engage in investigative journalism, only on for half hour, they're a national outlet
News Radio
Popular, used to get local and state coverage, not national broadcast because it is cheaper--talk radio is often biased
Internet News and Blogs
Some professional outlets exist, self-selection and confirmation bias
Blogs
widely read, can report state activity to a large audience, confirmation bias a huge problem, bloggers aren't usually professional--we like things that confirm our opinions
2004 Presidential Election
Watchdog of Media--Bloggers, "Killian Documents"
Impact on Mainstream from Bloggers
More pressure than ever to get stories out quickly--leads to shotty journalism, bloggers have also become a larger presence in state capitols
NRA
democratic party is afraid of the NRA, large number of single voters
Special Interest Groups are
unions, Indian tribes, if you are a labor union you are a special interest group
Businesses, Labor Unions, Universities, NRA, NAACP, etc.
use their powers to bend governments to their will, distort the will of the people, power influences and diversity of them varies wildly across states.
Pluralists
argue that interest groups are a good thing because they make sure that everyone's interests are represented--said that interest groups would dominate politics
Dahl
assumed that people with similar interests will band together to form a group and that the balance of forces will be even
Disturbance Theory
Argued that groups would become politically active when threated
Free Rider Problem
the incentive is to not participate, enjoying the benefits but not contributing
The Heavenly Chorus Sings with an Upper-Class Accent
E.E. Schattschneider--private businesses that dominate this process have the money and support to give--he says not everyone will be represented

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