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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