Study Sheet for Arkansas, State and Local Government 2004

State Government

Federalism and Constitutions

federal system

confederation

unitary nation-state

federalism

new federalismnew new federalism

layer cakemarble cake

McCulloch v. Maryland

federal involvement in state and local issues

Dillon's rule/ Home rule

Arkansas Constitution of 1874

Arkansas' process for Constitutional Amendment:

legislative proposal

Citizen's initiative

complete revision

1978-80 Arkansas Constitutional Convention

Incrementalism

Saffell- How to change a state constitution

legislative proposal

citizen's initiative

constitutional commission

constitutional convention

Citizen's initiatives

California's Proposition 13

Arkansas' Civil Rights Act

ex post facto laws

block grant

categorical grant

mandates

18 states: equal rights, citizen's initiatives, 20th century constitutions

Legislatures

Regular session

Special Session

biennial

bicameral

Nebraska's unicameral legislature

veto overrides

appropriation

apportionment/districting

gerrymandering

hired gun

committee hearing

how a bill becomes a law

professional legislature

citizen legislature

interim

proposed bill

bill pass rate

sunset/sundown clause

auditors

oversight

fiscally neutral

died in committee

well of the house

Agency rules

ideologue

bill is voted on the floor after third reading

sunshine laws

Arkansas' interim:

Bureau of Legislative Research

Joint Budget Committee

Joint Auditing Committee

Legislative Council

functions of state legislatures as described by Saffel

Executive Branch

appropriations

power of governors

typical governor

Jacksonian era

appointment secretary

dedicated funds

non-discretionary spending

veto

line-item veto

Wisconsin's partial veto

veto override

(51% in Arkansas)

five days to sign or veto a bill in Arkansas

national guard

call special sessions

administrative reforms

reorganizations

Dale Bumper's 1971 re-org. (61 to 13)

boards and commissions

Safffell's four formal powers (what they can do) of governors

veto

organization and re-organization

appointments

budget control

elected constitutional officers for Arkansas

Auditor of State - the state’s accountant

Treasurer of State - the state’s bank

Secretary of State - the state’s record keeper

Attorney General - the state’s lawyer

Lt. Governor - the state’s vice president

Governor- the state's chief executive

Commissioner of State Lands

Bureaucracy

policy

implementation

bureau

Max Weber's bureaucracy

How policy is instigated or initiated:

politics

crisis

professional staff

cash and cachet (power)

press

conviction

How policy decisions are made:

creeping incrementalism

copycatting

capitolitis

capitalism

compromise

Who effects policy

Peter principle

Judicial branch

common law

constitutional law

stare decisis

Nolo Contendere

federal courts

civil cases

Tort case

criminal cases

plaintiff

defendant

misdemeanor

felony

capital crime

judicial selection

Missouri Plan of 1940

jury

venire

three or four tier division of courts

courts of general jurisdiction

courts of limited jurisdiction

appellate courts

summons

personal jurisdiction

grand jury

jurisdiction

de novo

two stages of a bifurcated criminal trial:

guilt (fact finding) and sentencing

Judicial decisions/apportionment

doctrine of non-acquiescence

McCulloch v. Maryland - supremacy of national law

Gibbons v. Ogden-power of the federal government to regulate interstate commerce

Baker v. Carr - legislative apportionment was a judicable issue

Reynolds v. Simms - “equal protection means equal” one man, one vote

Gideon v. Wainwright -free counsel to indigent defendants

Brown v. Board of Education - racial segregation in public schools

Little Rock schools

Plessy v. Ferguson- separate but equal

Roe v. Wade - legalized abortion

bicameralism as put forth by Montesque and Locke

federal government in miniature

gerrymander

Massachusetts governor (Gerry)

apportionment

re-apportionment

mal-apportionment

Saffell's "reapportionment revolution"

Arkansas' reapportionment process

One man, one vote

“If you give me Liberty, you give me death”

Local Government

counties are creatures of the constitution

cities are creatures of the legislature

incorporated cities

mayorstrong mayor/weak mayor

“strong” mayor

veto power

budget

appointments

city managertenure

local revenue sources

“big ticket” items for Arkansas city budgets

“first class” city in Arkansas

leadership styles of mayors

Dillon's Rule

Home rule

four types of local governments

city, county, town, township

city government structures

commission, strong mayor/council, weak mayor/ council, council/manager

Urban Political Machines

consolidation

satellite city

annexation

logrolling, horse trading, back scratching

Counties

justice of the peace

county judges

quorum court

typical budget for an Arkansas county

Counties - home rule in Arkansas by Amend. 55, which began implementation in 1977

County officials: (See attached sheet for details)

county treasurer

county assessor

sheriff

county collector

circuit clerk

justice of the peace

county judge

county clerk

county surveyor

county coroner

Property Rights/Land use

limitations on land use

zoning

laws/ordinances

covenants and restrictions

takings

All politics is local

Parochialism

Rural

Metropolitan Statistical Area

EdgeCity

Councils of Governments

Regional and Special Districts

Consolidation

Annexation

Rights

Limits on land use:Planning and Zoning

Covenants and restrictions

Laws and regulations

Reasons for limits on land rights:

Protection of property values

Danger; public health and safety

Public nuisance

Planning

Slow growth

Zoning

Residential, multi-family, commercial

Variances and exceptions

Takings

5th amdt

Immanent Domain

Condemnation

Education

Morrill Act of 1862

Land Grants

Arkansas amendment 44 - interposition

the Senate is a more deliberative body

teacher certification

public education funding formula

school superintendents

school boards

no-charge for textbooks

number of school districts in Arkansas

consolidation

expenditures for public education in Arkansas

property tax rates - mills

equalization

Arkansas - increase property tax by - putting a millage increase request on the ballot in September

federal land grants for education

interposition

LakeViewSchool District #25 of Phillips County et al vs. Mike Huckabee, Governor of the State of Arkansas; et al

Adequate; adequacy study

Budgeting

Fiscal

Budget

Revenue

Appropriation

Allocation

Agency request

Governor's Recommended Budget - Executive Budget - Governor's Package

Legislative Appropriation

Release plan

Revenue Stabilization Act

line Item Veto

To spend money you need:

authorization (an appropriation)

funds (revenue)

General Revenue

Trust Funds

Federal Funds - pass through

deficit

surplus

debt

bonded indebtedness

infrastructure

capital improvement funds

non-recurring expenditures

capital outlay

capital improvement

operating expenditures:

salaries and benefits

benefits

expenses

part time personnel

contingent appropriation

proviso language

budget process/cycle

incremental budgeting

zero based budgeting

program planning budgeting system

Revenue

tax base

limits on state and local government's ability to raise taxes

Bad taxes

regressive

excessive

stifling or punitive

Good Taxes

progressive

simple

fair

stable

Big Three:

sales taxes

property taxes

income taxes

sales/use tax

property taxes

Ad Valorem

individual and corporate income tax

excise tax

severance tax

death taxes

pari-mutuel tax

lotteries

user fees

Elections

Progressive Election Reforms

direct primaries

non-partisan elections

at large elections

initiative/referendum/recall

secret ballot

professional city managers

precinct

ward

political party affiliation

registering to vote

primaries/general elections

types of primaries

open

closed

blanket

Louisiana

CountyBoard of Election Commissioners

state parties

party competition (Saffell)

voter turnout

literacy tests for voters

Voting Rights Act of 1965

National Voter Registration Act of 1993 (Motor Voter)

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