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Flashcards in Final Deck (83):
1

States

Primarily through reserved powers 10th amendments

2

Local governments

Primarily through specific grants, power is delegated in detail

3

Classic definition of federalism

A system of government consisting of the nation government and its three branches state government and it’s three benches and local government

4

Relationship between the states and their local governments is

Not a partnership at all, or lopsided where state is the dominant powerî

5

Montana constitution defines local government as

Counties and Incorporated cities and towns

6

Montana does not have

Townships

7

Counties are our

Oldest unit of government, first major subdivision in most states in some states, counties are called parishes and bureaus

8

Counties exist to

Perform state functions at the local level

9

Most county government in the US utilize or are required to utilize our form of government called

The commission form

10

The commission form is

The legislative body and must be elected

11

The county legislative body is

County commission

12

In most states the County commission is comprised of

Three elected commissioners

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Problem with three

One dominant personality can control the actions/decisions of the commission is that person can influence one of the other two commissioners

14

The roles of counties began changing after

World war two

15

Dillons rule

A rule of judicial interpretation that a municipality may exercise only those powers expressively conferred by statute necessarily or fairly implied by the express power in the statue or sensual and not merely convenient

16

Dillons rule effectively means

No such thing as implied powers

17

Dillons approach is

One size fits all, counties with small or large populations must follow the same rules

18

When Montana was admitted in 1889 it had

10 counties

19

In 1928 thanks to a new law Montana had

55 counties one created later for Fergus county

20

Primary motivation to reduce the size of counties was

To reduce the distance to the county seat to conduct business it such as voting filing property deeds and records paying taxes etc

21

The second motivation to reduce the size of counties was

Have a higher degree of local control of self government by being able to select an interact more directly with those elected to perform state functions

22

Forms of County Government

Commission form, commission manager form, commission executive form, commission per siding officer form

23

Commission form

Voters elect county commissioners and justice of the peace, commissioners appoint county officials 95% of counties do this

24

Commission manager form

Voters elect county commissioners and justice of the peace, commissioners appoint county manager who appoints all employees

25

Commission executive form

Voters elect county commissioners, executive, and justice of the peace, executive elects all board members

26

Commission presiding officer form

Voters elect county commissioners and justice of the peace, commissioners elect presiding officier who appoints departments

27

In Montana once every 10 years the voters of each county presentation about that are given the opportunity to vote on whether

They would like to change the form of government, there for two hours voter review of local government

28

Form a municipal government

State gov has no role in corporation, provides services desired by a group of citizens, services like fire sewar water planning library

29

An elected mayor is the chief executive who is responsible for

The administration of the municipal government, city council is legislative

30

Most of the larger cities in Montana utilize

The commission manager form of government

31

Powers of local governments under the 1972 Montana constitution

Delegated and reserved

32

Delegated

Called general government power

33

Reserved

Called self government powers

34

Local government rely on Powers to determine what they may or may not do in the serving of the public this has been more significant issues for Inc. is in town as demands for

Services outside of city boundaries

35

Suburbanization

A process by which individuals and families moved her settled outside of incorporate cities and towns to enjoy the minute he’s of country living and avoid paying city taxes

36

Voter review of local government

Process by which voters may express an interest in altering the form of government of the county or Inc. city/town in which they reside

37

If a majority vote is yes to change local government

A special commission is elected at a later recommendation its members are responsible for preparing a plan of government for the voters to prove or disapprove at the third election

38

Local governments in Montana may elect to operate under a

Charter

39

Charter

Like a constitution, I locate power, may serve to restrict how are starburst conditions that must be met before power may be exercised, specifies the structure of the legislature and executive branches

40

The Montana constitution for local government does not include

Schools and courts district and justice

41

Special service district

Those that citizens may create to provide an entity to provide urban type services in rule areas

42

Special service districts are governed by

And elected body called the board, board members are elected by the eligible voters who reside in the district, adopt a budget and it authorizes the county to collect taxes to fund it

43

City county consolidation

Merging the government of been incorporated city/town with the county government

44

City county consolidation requires

A single bowl of all eligible voters in the county affected, requires a charter

45

City of view and Silverbell county and the city of Anaconda and deer lodge county were merged

Voters in each tradition diction approve the mergers in 1976, each has its own shorter/constitution, each has a unique structure

46

County county consolidation has never

Been approved

47

Montana cafeteria metaphor

Power: entree
Structure: side dishes

48

Power: entree

General government, self government (home rule)

49

General government

Dillion rule, the delegation of power must be specific and it is usually very narrow, flexible in meeting the needs of citizens

50

Self government powers

Home rule, residual powers, local governments are allowed to except use any power so long as the state constitution, state law or local charter do prohibit the excel use of that power

51

structure: side dishes

How old chief executive big selected, size of commission, Pardison elections or non-partisan, other elected officials how many

52

Annexation

A process by which Inc. cities and towns adjust the boundaries in order to serve residents outside the city in need of a broad array of services

53

Motivations of annexation

Provide services, expand property tax base

54

The state lobby the Montana legislature to enact laws that were Hibbetts an area within 3 miles of incorporate city from

Incorporating informing its own government, leaves a populated area ranging large cities in Montana with no choice but to for multiple service districts

55

Voter fraud

And intentional violation of law intended to influence the outcome of an election willful intent

56

Examples of voter fraud

Voter in personation, same person voting more than once, but buying, absentee fraud, voter intimidation, improperly total in the votes cast

57

Absentee fraud

Usually when a disabled person relies on another person to assist them in filling out an absentee ballot

58

Voter intimidation

One person threatens another into voting in a way here she would not have voted

59

Those who believe voter fraud is rampant want to impose requirements that I have the fact of reducing the number of people who are either eligible to vote and

Who actually vote if they are eligible

60

The most common of these requirements is a voter identification card with a photo issued by governmental agency

Drivers license passport or a gun permit

61

For minorities in low income individuals of all ages voter ID has become a barrier to voting because

Of obtaining one and paying for one, the result is a voter suppression

62

President Trump formed

Advisory commission on voter integrity

63

Advisory commission on voter integrity

Formed in a Sumption that voter fraud is rampant, requested registered voter names party affiliations addresses and last four numbers of Social Security numbers

64

States conduct elections

Incidence of voter fraud according to securities of state is nonexistent

65

Historically education has been the primary responsible of

The states

66

Origins in the Northwest ordinance and land ordinance enacted by Congress of the confederation under

The articles of confederation

67

Northwest ordinance

Townships

68

Land ordianance

Public education, land grant colleges do agriculture and farming

69

Who is involved with delivering public education

Taxpayers, voters, legislature, board of land commissioners, Board of Education, superintendent of schools, board of trustees

70

Taxpayers

Where the money comes from

71

Voters

Elects board of trustees

72

Legislature

Decides on portion of state funding

73

Board of Land commissioners

Five elected officials, how much activity takes place

74

Board of Education

Public education and a board of regents

75

Public education

Establishes general procedures appointed by Governor

76

Board of regents

Supervisors university system

77

Board of trustees

Elected by school districts

78

Local control

We know better about how to run our school district

79

List of peoples control and education

District Court, principal, Vice Principal, teachers, students, parents

80

Elementary and secondary education act of 1965

Government starts to get involved in education

81

No Child left behind 2015

Need to have smarter kids, national government test students for results

82

Funding K 12 system

Money comes from local property tax and state wide property tax state general fund

83

Funding K 12 system

Money comes from local property tax and state wide property tax state general fund