Government_Ch11_info

=**State and Local Government Background Information**=

**__State Government__:**
When studying the formation of American government, most Americans believe it started with the U.S. Constitution, then state constitutions, then local government. Actually, it was the opposite. Communities were first - Jamestown, Plymouth, etc. Eventually, colonies developed and began their own charters. These charters would later grow into state constitutions. Each state had a constitution even before the Articles of Confederation. Today, all 50 states have a constitution. Constitutions matter because they create the state structure, establish types of local government, regulate and state and local levels raise and spend money, and establish state agencies. All state constitutions have similar characteristics, including having a bill of rights, are much longer than the U.S. Constitution, and are very detailed. Amendments are possible to change state constitution s. Proposals and ratification takes place like at the federal level. Some states have the ability of initiative to propose an amendment (citizens vote to propose). To ratify, some states have the ability of the referendum (voters decided), which is used in PA. In order to replace a state constitution, state conventions would have to be held. State judges have recently begun to interpret state constitutions differently than the U.S. Constitution.

Separation of powers exists at the state level like the federal level as seen by the division into three branches. The legislative branch is bicameral in most states, having two houses. States are divided into legislative districts for state house and state senate. To be in the PA state senate, one must be 25-years-old and 21-years-old for the state house. State senators serve 4 year terms and state representatives serve 2 year terms. The state house is led by a state speaker of the house like the federal level and the lieutenant government is the head of the state senate like the vice president at the federal level. Committees are used like in the federal level and the course of legislation is mostly the same as the federal level (committees, both houses must agree, goes to the governor). In states, bills can start with the executive's proposal. State executive branches are headed by a governor. Requirements to be governor include age 30, U.S. citizen, and a resident of the state for 5 years. Governors are elected by a plurality (largest number of votes in the election, not necessarily over 50%). Governors serve 4 year terms and have a 2 term limit in PA. Some states have the ability to recall, or people can vote to remove a government. PA has the impeachment process, not the recall. The role of the governor is to carry out or enforce state laws and supervise the executive branch, which also includes an elected lieutenant governor, attorney general, secretary of state, and a secretary of the treasury. These elected positions could have office holders from different parties. The government is commander-in-chief of the state national guard. Legislative powers of the governor include proposing laws, signing or vetoing bills with the power of the line-item veto, or ability to veto sections of a bill without vetoing the whole bill. The state judicial branch interprets and applies state laws. State courts deal with civil cases, or disputes between individuals or organizations as well as criminal cases, which charges are against a citizen for violating the law. There are various types of state courts. Small claims courts deal with arguments over small amounts of money. Juvenile courts, domestic relations courts, traffic courts (PA magistrate), probate courts (handle inheritance), and general trail courts - court of common pleas (county courthouses in PA). There are also courts of appeals (Superior Court and Commonwealth Court), and the state supreme court is at the top. Unlike the federal level, PA judges are elected.

There are various aspects involved with state policy. Some of the biggest state concerns are regulation of businesses, natural resources, protection of individual rights, education, health, and welfare programs. There are several aspects to state regulation of business. A company needs a corporate charter, or document that grants certain rights or privileges to own and operate a business. A public utility is a private or publicly owned organization that supplies necessities such as electricity, gas, telephone service, or transportation service. Regulations are meant to protect consumers and workers. However, sometimes regulations put new rules and restrictions on businesses, which lessons business growth and expansion. States pay workers' compensation (if hurt at work) and unemployment (if job loss). States try to attract new business for state growth. States have pollution laws and work for conservation or protection of natural resources. States also work to protect life and property. The local level enforces state laws. State criminal laws include murder, rape, assault, burglary, and drugs to name a few. States often have mandatory sentencing, or a fixed and required prison term. Extradition is a procedure which a person accused of a crime and has fled is returned to the state where the crime was committed. State police forces (PA had the first) enforce state laws. States are also responsible for prisons and parole (serving last part of a sentence under supervision). Education, health, and welfare are the biggest areas of state spending in the U.S. States set up local school districts and determine programs and local power. States license professionals such as doctors, lawyers, teachers, and others. States also regulate medicine and health requirements. States also administer human services and public welfare.

State governments are funded in a variety of ways including taxes, fees, lottery, and by borrowing. There are constitutional limits to what states can tax - cannot tax goods that move in or out of the state or nation, federal property, or deprive anyone of equal protection. Sales tax is the main state tax (in PA is 6%). States also have an income tax (much lower than the federal government). Other taxes or revenue include license fees, removal of natural resources, inheritance, and certain types of property. States can raise revenue by borrowing or selling bonds, lotteries, federal grants, or given by the federal government. States also have to abide by federal mandates, requirements on different programs set by the federal government (some are even unfunded mandates - federal level doesn't provide money).

The Founding Fathers intended the federal government to only have the power to do what the states were not competent enough to do. Since 1913, the federal government has grown in power and the states have been diminished in power. The Founders intended them to be on an equal playing field with the states having a check and balance against federal power.

**__Local Government__:**
The structure of local government includes counties, townships, and municipalities. State constitutions set powers and duties of local governments and can regulate local communities. There are several types of local government. The county is the largest subdivision of a state and have county commissioners and decide on the county budget, taxes, and zoning codes. County officials include the commissioners, sheriff, district attorney, public defender, clerk, coroner, recorder of deeds, treasurer, auditor, assessor, and surveyor. Somerset County has 3 elected commissioners. A township exists as a unit of local government in a county. PA counties are divided into townships. We live in Somerset County - Shade Township. Townships provide police and fire protection. A municipality is an urban unit of local government often called a city, town, or borough. There are several forms of municipal government. To become a municipality a community has to go through incorporation, or agree to certain requirements to by the state. A mayor-council form has a mayor as executive and a council as the legislature. A commission form combines executive and legislative powers. A council-manager form has a council and city manager.

Local government provides various tax funded services. Education is paid for by local school district taxes. School districts also receive money from the state especially in areas where little revenue comes into the school through school taxes (low income districts with high numbers on entitlements don't be school taxes). Zoning laws are passed at the local level to regulate the way land and buildings are used. This curtails freedom in terms of personal property, but protects property value. Police and fire protection is local responsibility (townships, boroughs, cities). Water supply either operated by local government or contracted to private companies to ensure residents have access to water. Sewage and sanitation is a local responsibility and is often contracted to private companies. Transportation or mass transit is in bigger cities. Social services take care of much of the aid to people in need. Recreation and cultural activities are also a local role. A metropolitan area or metropolis is a large city and its surrounding suburbs. Most cities became urban centers in the Industrial Revolution. Recent decades have seen growth in the South and West, called the Sunbelt. In the 1990s, more local units developed cooperative agreements for regional issues (like shared services between Shade Township and Central City Borough). There are various ways local governments are financed. Property tax is the main source of local revenue (use to pay for all levels when government was much smaller). Real property is land and buildings. Personal property consists of stocks, bonds, jewelry, furniture, automobiles, and works of art. Value of property is calculated in what is called an assessment. Other sources of revenue include a small portion of income tax, part of sales tax, fines, and fees.

As cities grow, so do responsibilities and challenges. Population and housing are local issues. Local decisions on land use include laws for new housing, industry, stores, or offices. Urban renewal programs were efforts of mayors to improve cities. Local government also must guard against discrimination in housing as well as shortages. Social problems that become local government issues include homelessness, which is often a result of alcoholism, drug addition, or having a criminal record, drug abuse is a problem enforced by local police. The DEA (Drug Enforcement Agency) enforces the nation's drug laws. To meet future challenges, local governments work to maintain infrastructure (city's system of roads, bridges, water, and sewage), mass transit (buses, subways, rail lines), need for economic development, gentrification (phenomenon of new people moving into a neighborhood), new federal and state priorities, and local government reorganization into metropolitan governments to serve large regions.

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