Download State and Local Government Exam Review: Key Concepts and Cases and more Exams Comparative Law and Politics in PDF only on Docsity!
FINAL STUDY REVIEW POS 4122 EXAM LATEST
UPDATE
- What are Elazar's three political cultures - ANSWER Individualistic: Emphasizes individual freedom, limited government intervention, and self-reliance. Moralistic: Emphasizes the common good, civic duty, and the belief in using government to improve society. Traditionalistic: Emphasizes preserving social and economic hierarchies and maintaining political power by a privileged elite. How is this typology predictive of factors such as political participation, direct democracy, and leadership turnover - ANSWER According to Elazar, these political cultures are predictive of factors such as political participation, direct democracy, and leadership turnover. Moralistic cultures have higher levels of political participation and are more likely to use direct democracy measures such as initiatives and referendums. In contrast, traditionalistic cultures have lower levels of political participation and are less likely to use direct democracy measures. Individualistic cultures tend to have lower levels of political participation than moralistic cultures but higher levels than traditionalistic cultures What is Hero's critique of Elazar's typology - ANSWER Hero's critique of Elazar's typology is that it overlooks the role of race and ethnicity in shaping political culture. Hero argues that the typology may not accurately capture the political experiences of minority groups, whose political behavior may differ from the dominant culture in their state. Additionally, Hero argues that Elazar's typology does not adequately account for changes in political culture over time and may be too simplistic to fully capture the complexity of political culture.
- How does political corruption differ systematically across states and regions - ANSWER Political corruption can differ systematically across states and regions due to a variety of factors such as differences in political cultures, economic development, and the effectiveness of institutions. Why do dincer and Johnston distinguish between legal and illegal corruption and what further
distinctions do they make - ANSWER between legal and illegal corruption, with legal corruption being the use of public office for private gain within the limits of the law, and illegal corruption being the use of public office for private gain outside of the limits of the law.further distinguish between two dimensions of corruption: the prevalence of corruption and the damage caused by corruption. The prevalence of corruption refers to how widespread corruption is within a given political system, while the damage caused by corruption refers to the harm that corruption causes to public trust, economic growth, and democratic legitimacy.
- What are some of the key contemporary decisions in Supreme Court jurisprudence related to the Tenth Amendment and Interstate Commerce Clause - ANSWER National Federation of Independent Business v. Sebelius (2012): The Supreme Court upheld the constitutionality of the Affordable Care Act (Obamacare) by considering the individual mandate penalty as a tax, rather than a regulation under the Commerce Clause. United States v. Lopez (1995): The Court struck down the Gun-Free School Zones Act, stating that possession of a gun near a school did not have a significant impact on interstate commerce, thus exceeding Congress's authority under the Commerce Clause. These cases highlight the Court's interpretation and application of federal power limits. NFIB v. Sebelius affirmed federal authority in healthcare regulation while narrowing the Commerce Clause, while U.S. v. Lopez limited Congress's power by declaring certain activities outside federal jurisdiction due to insufficient impact on interstate commerce. How have devolution and federal preemption represented contrary trends over the past few decades - ANSWER Devolution and federal preemption represent contrary trends in the distribution of power between the federal government and the states. Devolution involves transferring power to the states, increasing their autonomy. Federal preemption, on the other hand, occurs when federal law supersedes state laws, strengthening federal authority. These trends have shaped the evolving relationship between the federal government and the states in recent decades.
- What are the four major benefits of federalism and what counterarguments do critics of federalism point to in response - ANSWER Federalism has four major benefits: decentralization of power, allowing for local control and preventing the concentration of power; experimentation and innovation in policymaking; protection of diversity and pluralism by accommodating regional cultures and values; and accountability and
Policy provisions address specific policy areas and allow for flexibility in adapting to changing societal needs and priorities. Framework provisions protect fundamental rights and establish a balance of power among branches of government. Policy provisions provide detailed rules and regulations for specific policy areas, guiding legislative and executive action within the constitutional framework.
- How does the character of bicameralism in the states differ from that which exists in Congress - ANSWER Unlike Congress, state legislatures are congruent in their representativeroles: both chambers represent population (unlike the Senate, whichrepresent states) Why does the one person one vote standard limit bicameral distinctiveness in the states - ANSWER The "one person, one vote" standard limits bicameral distinctiveness in the states because it requires legislative districts to have roughly equal populations. This ensures that each vote carries equal weight and prevents significant disparities in representation between districts. As a result, both chambers of state legislatures are typically designed to reflect population-based representation, reducing variations in chamber size or composition. This promotes fairness and equal suffrage in the legislative process. What are the arguments for and against redundant bicameralism - ANSWER to the existence of two chambers that have the same or nearly the same powers, responsibilities, and constituencies. The arguments for redundant bicameralism include the idea that it provides an extra layer of checks and balances and prevents the tyranny of the majority. The arguments against redundant bicameralism include the idea that it is inefficient and redundant,
- What are some ways that state electoral institutions depart from plurality elections (e.g., runoff elections, ranked choice voting, top-two primaries) - ANSWER Ranked Choice Voting- voters rank candidates by best to worst
- Top-two primaries- in the primary, candidates from both parties are voted in the same bracket, top two candidates go into general election
- Runoff election- no candidates receive a majority %, top 2 candidates have another election Where is each used and what positives and downsides have been associated with each practice - ANSWER Runoff Elections: Positives: Ensures a majority winner, enhances legitimacy, reduces the spoiler effect. Downsides: Expensive, time-consuming, may lead to voter fatigue. Ranked-Choice Voting (RCV): Positives: Allows voters to express preferences more accurately, encourages coalition building, reduces strategic voting. Downsides: Complex ballot design, potentially longer vote counting, requires voter education. Top-Two Primaries: Positives: Encourages a broader range of candidates, reduces the influence of party polarization, promotes competition. Downsides: May result in two candidates from the same party in the general election, potentially excluding third-party candidates.
- What are the different dimensions of party competition captured in the Ranney Index - ANSWER The Ranney Index is a measure of party competition in American states that captures three dimensions of competition: Electoral Volatility: Measures fluctuations in electoral outcomes. Ideological Polarization: Assesses differences in party ideologies. Split-Ticket Voting: Evaluates the occurrence of voting for candidates from different parties. What is the difference between macro-level and micro-level competition in legislative elections - ANSWER Macro-level competition in legislative elections refers to the overall level of competition for control of the legislative branch of government. Micro-level competition, on the other hand, refers to competition between individual candidates within a given legislative district.
State: Secretary of State oversees elections, State Election Board sets policies, and local election officials handle registration and voting logistics. Local: County/City Election Officials manage local elections and local boards/commissions oversee election operations. In what ways did HAVA create uniformity across states and in what ways do states and localities still vary significantly in their administrative practices - ANSWER It established minimum standards for voting systems and required states to maintain centralized voter registration databases , states vary in their rules for voter registration and identification, the availability of early voting and absentee voting, and the use of provisional ballots. Localities also differ in their use of technology and equipment, the number and location of polling places, and the training and compensation of poll workers
- How are Shor-McCarty scores used to capture patterns of state legislative polarization - ANSWER The scores are based on the voting patterns of legislators and capture the degree to which parties have become polarized on ideological lines How has asymmetric polarization unfolded differently at the state and national levels - ANSWER state level, asymmetric polarization tends to be less severe than at the national level. This is because state legislative districts are generally smaller and more homogeneous than congressional districts, At the national level, asymmetric polarization is marked by increasing ideological divergence between Republicans and Democrats, leading to gridlock and reduced bipartisanship in decision-making.
- What are some ways in which gubernatorial elections differ from presidential elections and other statewide contests - ANSWER Gubernatorial elections, unlike presidential
elections, are often held during midterm elections, which can result in lower turnout. Gubernatorial elections are also generally more influenced by state-specific issues and concerns, rather than national ones, as governors have significant control over state policies such as education, healthcare, and taxes. Additionally, unlike presidential elections, gubernatorial elections may not have the same level of media attention and political advertising spending, which can affect voter knowledge and engagement. To what extent does economic voting represent a counterpoint to the nationalization of elections - ANSWER Economic voting, which refers to voters' tendency to hold incumbents accountable for the state of the economy, can represent a counterpoint to the nationalization of elections. Economic conditions can vary significantly across states, and voters may hold incumbent governors accountable for economic performance. However, the relationship between the economy and voting can be complex, and other factors such as incumbency advantage, campaign spending, and voter demographics can also play a significant role in gubernatorial elections.
- How do patterns of interest group density and influence differ across states - ANSWER Interest Group Density and Influence: Density: Interest group density refers to the number of groups relative to the size of the economy. States with higher interest group density have more competition among groups with similar policy goals. This competition can lead to a "survival of the fittest" dynamic where groups may decline over time. Higher density also promotes alliance-building, which can enhance legislative success. Influence: The influence of interest groups depends on factors such as financial resources, access to policymakers, public support, and policy expertise. Some interest groups exert significant influence through lobbying, campaign contributions, and grassroots mobilization, while others may have limited resources and influence. What are the major ways that states regulate interest groups and lobbying and what effects do these regulations have - ANSWER States regulate interest groups and lobbying through
leaders, decision-making is morecentralized.• When power resides in committees (i.e., committee chairs), there ismore decentralization, but it can still be concentrated in a few hands(especially if there are relatively few committees)• When the caucus is powerful, decision-making is most decentralizedand democratic Why do differences in committee autonomy, minority party procedural rights, and leadership power influence the lawmaking process and legislative agenda - ANSWER when leadership power is strong, the legislative agenda is often set by a small group of leaders, and bills favored by the majority party are more likely to be considered. When minority party procedural rights are weak, minority party members are less likely to have their views represented in legislation, which can lead to a more polarized political climate. When committees are strong, the legislative process may be slower and more deliberative, but also more inclusive and responsive to a wider range of interests.
- How have term limits been implemented over the last thirty years in state legislatures - ANSWER Nearly all passed these limits via direct democracy How do term limits operate differently across the states - ANSWER Term limits operate differently across states. In some states, such as California and Michigan, term limits have been strict and comprehensive, limiting not only the number of terms a legislator can serve in a single chamber but also the total number of years they can serve in either chamber. Other states, such as Colorado and South Carolina, have more flexible term limits that allow legislators to serve longer in one chamber or move between chambers without violating the limit. What has political science research found about the effects of term limits on interbranch bargaining - ANSWER , term limits increase the power of interest groups and lobbyists, who have more institutional knowledge and expertise than term-limited legislators. Second, term limits may increase the power of legislative staff and executive branch officials, who have more knowledge and expertise about policy issues than newly elected legislators. Third, term limits may
lead to an increase in partisanship and a decrease in compromise, as legislators have less time to build relationships and work across party lines. Finally, term limits may lead to a decrease in the power of the legislature relative to the executive branch, as term-limited legislators are more likely to be novices who lack the institutional knowledge and expertise needed to effectively negotiate with the governor or executive agencies.
- What does ambition theory tell us about state legislative politics - ANSWER Ambition theory argues that politicians have varying levels of political ambition that drive their behavior and decision-making. In the context of state legislative politics, ambition theory suggests that legislators' level of ambition affects their behavior and motivations while in office. According to this theory, legislators with high levels of ambition are more likely to pursue a long-term career in politics, while those with lower levels of ambition may use their legislative position as a springboard to higher office or pursue a different career after leaving office. What are the differences between career, springboard, and dead-end legislatures - ANSWER Career legislatures are those in which most members are focused on building long-term careers in politics, while dead-end legislatures are those in which most members are unlikely to pursue higher office or a career in politics after leaving office. Springboard legislatures fall somewhere in between, with some members seeking to use their legislative experience as a stepping stone to higher office or a career in politics. How does legislative turnover affect lawmaking - ANSWER Legislative turnover, or the rate at which legislators leave office, is influenced by ambition and can have important implications for lawmaking. High levels of legislative turnover may result in less experienced legislators and a less stable legislative agenda, while low levels of turnover may result in entrenched interests and less responsiveness to changing circumstances.
- What are the major dimensions of gubernatorial power captured in the Beyle Index -
relatively few vetoes occur in most states - ANSWER , the number of vetoes is relatively low in most states. This is because most bills that reach a governor's desk have already been subjected to a lengthy process of negotiation and compromise, resulting in bills that are likely to receive broad support in both chambers of the legislature. Additionally, vetoes can be overridden by a two-thirds majority vote in both chambers of the legislature, which encourages governors to be selective in their use of the veto power
- What are the major forms of judicial selection (including the merit plan) across states and what are the benefits and drawbacks of each - ANSWER Partisan Elections: Benefits: Enhance judicial accountability and reflect voter preferences. Drawbacks: Can lead to partisan and less qualified candidates. Nonpartisan Elections: Benefits: Allows for accountability while avoiding explicit party affiliations. Drawbacks: May still be influenced by politics and limit public engagement. Merit Plan (Missouri Plan): Benefits: Balances accountability and qualifications through a nominating commission and retention elections. Drawbacks: Critics argue it can be dominated by elites and have limited public scrutiny. Institutional Appointment Methods: Benefits: Allows for careful vetting and reduces partisan influence. Drawbacks: Concentrates power and reduces public involvement. How are judicial campaigns and election outcomes similar to and different from other state electoral contests - ANSWER In recent years, judicial campaigns have adopted features of other elections, including nationalization and increased spending. Pivotal races attract national attention. The partisan composition of courts often lags behind the electorate due to slow turnover.
Judges may use subtle partisan messaging. Incumbents have advantages, especially in retention elections. Roll-off is higher in retention elections. State judiciaries vary in resources, impacting caseloads and access. Reforms face budget constraints. Court curbing legislation limits judicial power, often driven by politics. Ideological conflicts between branches can lead to such laws. Partisan motivations are common, and bipartisan support is limited
- What are the major problems in state judicial systems in terms of system access and caseloads - ANSWER The major problems in state judicial systems related to system access and caseloads stem from variations in resources among different judiciaries. Insufficient resources can lead to challenges in effectively managing caseloads and providing accessible and timely justice. Some specific concerns include: Caseload Burden: States with limited resources often face high caseloads, causing delays in case processing and increased backlogs. This can result in prolonged wait times for litigants, compromised efficiency, and reduced access to justice. System Access: Limited resources can lead to barriers in accessing the judicial system, particularly for marginalized or underserved communities. Insufficient funding can result in a shortage of court personnel, inadequate infrastructure, and limited availability of legal aid services. What reforms have been proposed and implemented to address these concerns - ANSWER Budget Increases: One primary solution to tackle caseload and system access issues is increasing budgetary allocations to the judiciary. This allows for the hiring of additional judges, staff, and support services, as well as the construction of more courthouses to accommodate the workload. Case Management Reforms: Courts can implement case management reforms to improve efficiency and reduce backlog. This may involve the adoption of technology for electronic filing and document management, alternative dispute resolution methods, and prioritization of cases based on urgency or complexity. Judicial Professionalism Index: The development of a judicial professionalism index, such as the one by Squire, helps assess the overall functioning and effectiveness of a judiciary.
driving force behind getting measures on the ballot and providing funding for campaigns in support of or opposition to the initiatives. Despite the fact that ballot initiatives are intended to be majoritarian and allow voters to directly express their preferences, interest groups often have a disproportionate amount of power and influence in shaping the outcomes of these elections.
- What are some ways in which budget politics in the states differs from what we observe at the federal level - ANSWER State must balance their budgets (with a small amount of flexibility inaccounting), rendering some of the most divisive aspects of federal budget politics irrelevant , state budgets are usually more constrained in terms of what they can spend money on, as there are often constitutional or statutory restrictions on certain types of spending What factors determine the relative powers of the legislature and the governor in budget disputes - ANSWER The relative powers of the legislature and the governor in budget disputes depend on a variety of factors, including the balance of power between the two branches, the political context (e.g., whether the same party controls both branches), and the governor's ability to veto spending bills. In some states, the governor has extensive powers to propose a budget and to veto line items or entire budgets, while in other states, the legislature has more control over the budget process. How do TELs affect budget negotiations - ANSWER including caps on revenue or spending growth, restrictions on the types of taxes that can be raised, and requirements for voter approval of new taxes or spending increases. The impact of TELs on budget negotiations depends on their specific design and how strictly they are enforced. Some argue that TELs can help limit government growth and promote fiscal discipline, while others argue that they can lead to underinvestment in important public goods and services.
- What are the major forms of taxation practiced by state governments - ANSWER Income taxes: Levied on individuals' earnings, with rates based on income. Some states
have flat rates, while others have graduated rates. Sales taxes: Imposed on goods and services purchased within a state. Rates vary and can be regressive, impacting low-income households more. Property taxes: Levied on the value of property, assessed by local governments. Rates and methods vary across states. Excise taxes: Imposed on specific goods/services like gasoline, alcohol, and tobacco. Often used to fund specific programs. How do forms of taxation differ according to equity, efficiency, and accountability, and why do these traits make forms of taxation differently attractive to different states - ANSWER · Equity: The extent to which the tax system treats different taxpayers fairly. Income taxes tend to be the most progressive and equitable, while sales taxes tend to be regressive and less equitable. · Efficiency: The extent to which the tax system imposes minimal economic distortions or costs. Some taxes, such as property taxes, are relatively efficient because they do not distort economic behavior, while other taxes, such as taxes on business equipment, may discourage investment and job creation. · Accountability: The extent to which the tax system is transparent and easy for taxpayers to understand. Sales taxes are often seen as more transparent than other forms of taxation because consumers can see the amount of tax they are paying at the point of purchase. The choice of tax policy often depends on the state's economic priorities, political ideology, and demographics. For example, states with high-income residents may prefer progressive income taxes, while states with high tourism or consumer spending may prefer sales taxes.
- What is policy diffusion, and what are the differences between learning, emulation, and competition - ANSWER Policy diffusion refers to the process by which policies and ideas
What are the positive and negative visions of this concept, and why do critics have concerns about a "race to the bottom" - ANSWER The positive vision of this concept is that it allows for policy innovation and experimentation, which can lead to better outcomes for citizens. The negative vision of this concept is that it can lead to a "race to the bottom" where states compete to implement policies that attract businesses and economic growth, even if those policies harm citizens or lead to a lack of regulatory oversight. Critics of this concept argue that the race to the bottom phenomenon can lead to a decline in social welfare and public services, as states compete to cut taxes and regulations in order to attract businesses. Additionally, critics argue that some states lack the resources to conduct policy experiments effectively,
- How is the relationship between states and localities shaped by Dillon's rule - ANSWER This rule shapes the relationship between states and localities by giving states ultimate authority over local governments. As a result, localities have limited autonomy and cannot act outside the scope of their state-granted authority. How have contradictory trends such as state preemption and second-order devolution characterized the recent history of intrastate federalism - ANSWER an increasing trend towards state preemption, where state legislatures have enacted laws that limit the power of local governments to regulate certain issues, such as minimum wage, environmental regulation, and gun control. on the other hand state governments have delegated more authority to local governments in certain policy areas, such as education and transportation. This trend is often driven by a desire to make government more responsive and efficient by allowing local governments to tailor policies
- What is foot voting and what normative implications does it have in a federal system - ANSWER moving to jurisdictions that better align with their preferences. This concept has
normative implications for a federal system as it offers citizens the opportunity to choose the government that provides the services they desire. This, in turn, puts pressure on governments to perform better and encourages innovation in public policy. What does empirical research say about its prevalence in contemporary America - ANSWER foot voting is prevalent in contemporary America, with individuals frequently moving between states, seeking better economic opportunities, affordable housing, and a higher quality of life. However, some argue that foot voting can lead to a "race to the bottom" if individuals are primarily concerned with tax rates, and local governments compete by lowering tax rates and reducing public services to attract new residents. may eventually produce extreme policies thatare morally or practically undesirable
