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77 Cards in this Set

  • Front
  • Back

Formal Legislative Powers of Governor

-Line Item Veto (but not "pocket veto")


-Initiate Budget Process

Executive Powers of Governor

Appointment: Few positions


-Distrust btwn Governor and exec. positions


Military: Commander of state militias, within state boundaries, no treaties with foreign


countries




Less power relative to POTUS

Judicial Powers of Governor

Limited impact (lack of appointments)




Most states elect local judiciary offices

Pardons and Clemency (& TX exceptionalism)

TX has neither




Pardon: Overturn of a criminal sentence


Clemency: Reduction in severity of sentence


-Comutation: Lift/delay death penalty




Govs/POTUS grants pardons on way out


Govs that do typically aren't seeking higher office

Newstadt on Informal Power

"Presidential power is the power to persuade"

Why must Governors rely heavily on informal powers?

The number of other elected executives serve as checks and balances




Must rely on persuasiveness

Election of the Governator, Arnold

2003-California Gov Ray Davis is extremely unpopular, recall vote for "Nobody"




Arnold wins

Why is Arnold an effective Governor?

Understands the power of celebrity status




Topics he brings up go to forefront of discussion




Not afraid to use threats

City Mangers are ________ because of authoritarian allocation of values.

Powerful;




Most of TX has city managers

How does one become a city manager?

Not elected, hired by city council

Briefly describe city managers

Reliant on formalized power, no celebrity status




Politically-neutral professionals




Contract shapes behavior

Legislative Power of City Managers

Manager's staff creates bills for council to


propose




-Power to propose budget


-Sets meeting agenda and info packet




Wants good relationships with council


members

Politics regarding Council members

Most are part-time




Less contested elections, non-partisan




Hire city managers

City Managers serve who(m)?

1) City that employs them today




2) Possible city that could hire them in the


future




Adopt policy that looks good for current and


future city

Agency Executives are __________

Professionals; Not elected




In charge of a specific operation




mezzo-level bureacrats

Agency Executives and policy

Involved in implementing, evaluating and updating policy within city government




Tend to have specialized knowledge

Can a mayor/manager serve as a agency


executive?

No, cannot lead city if employed

Describe professionals and how they are


constrained

Expert who provides a service




Formal Accreditation/License




Loyal to principles of area; ethics




Professional Society serves as "self-police"

'When Professionals Lead"


Teodoro-2014

Engineers in charge of utilities result in better water




-Not driven by technical ability


-Engineering ethics permeate organization

Professionals, just like city managers are always considering ______ ______

Future Clients




Adopt policies favored by organization

Innovation:


Who is it linked to? Explain.

Agency Executive




Innovative leader doesn't guarantee innovation, but non-innovative leader ensures none

Bureaucratic Entrepreneurs

Invest resources to deliver new innovation




Reward: Better job in a bigger place



Vertical vs Diagonal Advancement

Vertical: Work up through the ranks of one administration




Diagonal: Start in one city, advance and move to another




*Mobility rewards innovation

Law Enforcement Accreditation


Teodoro-2011

Accreditation doesn't actually improve a police precinct




Promotes diagonal advancement




Hire outsider who isn't married, more likely to seek accreditation

What is a bureaucracy?

Way to organize human beings




Composed of rules, offices, tasks

Hierarchy and Task Specialization in


a Bureaucracy

Tasks are assigned to ensured efficiency and


accountability




-Max Weber

Describe the US exceptionalism regarding


bureaucracy

Impersonal nature




*Bureaucracy is necessary for a functioning gov and economy, not bad compared to alternatives

Principal-Agent Model

Principal: Boss Agent: Worker




Come to a mutually beneficial agreement

Problems emerging for Principal

Adverse Selection: Hiring the wrong person




Moral Hazard: Agent misbehaves when not watched




Problems of asymmetrical information

Solution to asymmetrical information gaps

Background check




Costly to perform, investigate/monitor

Benefits and restrictions of forms

Establish procedural controls




No amount of forms or oversight ensures a


specific action





We want street-level bureaucrats to _____ _________ when attending to a situation.

have discretion




Robo-cop arresting kids fighting in park

Client Control

Clients get some form of input

Bureaucrats have authority, then act ___ ______ of citizens

on behalf

Formal Neutrality

Informal rules are there to protect bureaucrat

Organizational Socialization

Peer-Effect: Observe how peers act among


public




Organizational cultures are good predictors of action

Importance of Organizational Socialization

Bond with others




Disciplined by others

Wilkins and Williams-2008

As number of blacks officers increases, more stops occur based on race




Identity as police overrides race identity

US vs Windsor: Same sex marriage


Hollingsworth vs Perry




Obergefell vs Hodges

Attorney General can now nullify amendments by not defending them




Ob vs H: AG did defend laws, SCOTUS does rule them unconstitutional

Two higher level courts of TX

Supreme Court: Handles all civil cases




Court of Criminal Appeals: Crime cases




All judges are elected in partisan races

Missouri Plan

Selecting judges based on merit




Non-partisan

Describe election of state judges

By plurality for fixed terms




Interest groups spend money on TV ads (higher in more competitive/active years)





How often do incumbent state judges win?

85-95% of time




Partisanship plays a huge role




Least understood, but most respected branch of government

Attack Ads- Hall (2014)

I: Amount of Attack Ads


D: Change in vote for incumbent




Works well against incumbent, but only in non-partisan instances

Sentencing near elections

Harsher sentences nearer to elections




Voters dislike light sentences




Judges must please voters

Contributions and Decisions (2007)

Attorneys are the leading contributors to judges and are more likely to win a case in front if


donating




Not bribery, have similar interests

Tocqueville on Legal Questions

"There is hardly a legal question in the US that doesn't become a judicial question"




US Exceptionalism (Judicial Review)

Judges should enshrine and protect the rights of ________

Minorities




Adhere to legal theory, build on past precedents

Judges should be ______-________ ________ of legal policy

Single-minded seekers




However, they are normal people with biases;


select cases that aids their argument




Choice of venue is important

How are judges strategic?

Anticipate how ruling will be interpreted

Local and State courts are typically ruled by what?

Local and State decisions since most decisions rarely make it to the Supreme Court

Nullification

Judge passes a law, Government passes an


amendment that nullifies it




Or doesn't enforce it

Langer 2003- Judges and Nullification decisions

If it is difficult to amend constitution, judges are more likely to overturn previous decisions




Less proactive in environments that can easily add amendments

Death Penalty and Public Opinion


Brice and Boyea (2008)

Conditional Effect: If people like penalty, judges are less likely to overturn a death sentence in elected instances

Partisanship


Calderon, Canes-Wrone & Clark (2008)

Judges are more inclined to be impacted by


primary voter opinions over general voter


opinions




In contested states, steer more towards General




Partisanship does matter

Judiciary is the ____ ________ of individuals

Best Protector; US constitution doesn't mention local governments

True/False:


Framers believed Constitution would apply to national and state governments

False: Only the National




Different rights and constraints as a state citizen and as a Federal citizen

Barron vs. Baltimore

Does Bill of Rights apply to local gov?




No, only to Fed gov

Civil War Amendments

13,14,15 Amendments




14th aims to nullify Barron vs Baltimore




Ends Duals Citizenship (temp); Contains a


Privileges and Immunities Clause

Slaughterhouse cases result

Lousiana argues 14th amendment applies to freed slaves



Reaffirms dual citizenship until incorporation


beings occuring



What is Incorporation?

Gradual integration of 14th amendment and Bill of Rights to remove Dual Citizenship

Gitlow vs New York (1922)

SCOTUS agrees 1st amendment is a right


(but not for issue of public security)

Malloy vs Hogan (1964)

Argues 14th amendment extends 5th


amendment to him

What is the only amendment in the Bill of Rights that hasn't been incorporated?

7th Amendment

What influences a Governor's power?

-Length of term


-Veto Power


-Fragmentation of the state executive


-Budget-making powers


-Appointive powers

What are the two main reasons why Governors leave office?

Term Limit




Voluntary Retirement

Governor salaries best correlate to ----?

Legislative salaries (i.e. High --> High)




No correlation to formal powers

3 Largest Groups of state&local workers

1) Teachers


2) Health Care


3) Fire Safety and Police

Hatch Act of 1939

Most partisan involvement by Federal


employees is illegal

Population reflection in state and local


government

Most representative of population it represents of any level of government

Nearly all trials occur in _________ courts

local/state

State and local government most frequently prosecute _______ cases

Criminal

Result of a criminal trial

Guilty or not guilty

Result of a civil trial

Damages are awarded to plaintiff if he prevails

Briefly describe the role appellate courts play

Review case for inconsistencies; do not "retry"




Extremely difficult to take case to




Due to cost, corporations are most likely to seek

"Court of Last Resort"

State Supreme Court

Courts should aim to ensure _______ rule and protect _________ rights

Majority; minority