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Flashcards in Midterm 2 Deck (131):
1

States are

Laboratories of democracy

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Laboratories of democracy

Each state has the flexibility under the reserved powers of the U.S. Constitution to experiment

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Article 4

Requirements to become a state, republican form of government, statehood granted by act of Congress, no provision for states to leave union,

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State constitutions

Different and unique as each state

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Number of words in state constitutions

Ranges from 8200 and Vermont to over 357,000 in Alabama

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State governments gives details about

The restrictions and how state government operates

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Excessive details in state constitutions tend to make

States less adaptable to changing condition, amended more, but is easier to amend

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Unlike the US Constitution some state constitutions allow

Direct lawmaking by their citizens direct democracy

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State constitutions 5 factors

Defined structure, allocate authority, relationship between people and state government, method to amend, unique provisions

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Methods to amend

Initiative and referendum

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Initiative

People can initiate amendment of state constitution

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Referendum

Legislature can refer an amendment of state constitution but rarely amends a statue

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Types of state executive branches

Strong executive,Weak strong executive, weak executive, weakest executive

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Strong executive

A governor and then his departments headed by individuals he appointed

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Weaker strong executive

Governor and then miscellaneous executives, few states do this including Montana

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Weak executive

Governor, miscellaneous executives, board/commissions

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Weakest executive

Government and her lieutenant governor, miscellaneous executive, board and commission multiple of them

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Executive branch in Montana

Governor, attorney general, auditor and commissioner on insurance, Secretary of State, superintendent of public instruction, public service commission

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Each state decides how much power do vest in the

Governor

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Most states, Montana included, fragment the power of the

Chief executive

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Argument number one, we are to run government more like a business, federalist tradition

Efficiency, effectiveness, professionalism, accountability

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Argument number two, we want to be careful not to sign too much power to anyone position, anti-federalist tradition

We don’t want to King, divide power, who are like executive divide, decentralize executive power and assigned to a number of officers some elected and some appointed

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What do you all states do

Educate incarcerate and medicate

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Eras of federalism

1789 through 1900 is dual federalism, 1900 to the 60s is cooperative federalism, the 60s through the 80s is creative federalism, 80s deposit is contemporary federalism

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Dual federalism

State and national government operated within their own spheres, phase 1 infancy/unsettled face to settlement/improvements such as infrastructure

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Cooperative federalism

Work together, interstate highway system

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Centralized federalism

States were preempted by the national government, civil rights, environment

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Contemporary federalism

Trend toward decentralization

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2002- now federalism

Selectively centralized on many social and some economic issues, ideology such as abortion and assisted suicide

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Profiles of the state that affect structure function and operations

Geography, topography, demographics of state, economy

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Geography

Size in square miles

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Topography

Mountains, deserts, water

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Demographics of states

Population, ages, races, is the population centralized are disbursed, urban versus rural, migration, within state/between states

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Economy of states

Expanding, growing the Sunbelt, Stagnant, coal producing states, declining such as the rust belt, role of natural resources

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State constitutions serve as the basic sources of

Authority and law

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Compared to the US Constitution, state constitutions tend to


Much much longer and are less flexible and must be amended more often

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Educate

K-12, public schools only

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Medicate

Medicaid, national insurance and healthcare programs are for a qualified low income individuals, state and federal government cooperate in funding administrating the program

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Incarcerate

Prison and corrections system

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Each state education and correction system is

Different and unique

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The legislature in each state like Congress has the authority to

Create, oversee and fund programs

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Without legislative approval agencies and programs they provide

Cannot exist, may also choose to elluminate programs

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Executive branch of Montana state government

Between statehood in 1889 in the mid 60s Montana’s executive branch had over 175 independent agencies

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The 175 independent agencies included

Departments, bureaus, boards, commissions and each had its own unique authority in their own funding sources

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The 175 agencies were very

Difficult to manage and difficult for a legislature to oversee and accountability was absent

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“20 is plenty”

Slogan used to promote a constitutional amendment referred to the voters in 1970, proposal was reduced to the number of agencies and to organize them into no more than 20 departments

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Between 1971 in 1974 in Montana

The executive branch was re-organize into 18 departments, most of which but not all report to the governor

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The re-organization of agencies in Montana had the effect of strengthening the

chief executive from what has been a very weak governor to one that could be classified as a week or strong executive

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OMB

Office of management and budget prepares executive budget for the US government

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OBPP

Office of budget Inn program planning prepares executive budget for Montana state government

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Montana operates on a

Two year funding cycle

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In the Montana constitution the legislature meets every

Other year in odd-numbered years

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When Montana legislature meet again in 2019 it will

Set a budget for two fiscal years

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Fiscal year

A 12 month period, usually from July 1 to June 30, using budget an account for the expenditure of public money’s

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Department to begin developing budget request in march in

Even numbered years

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Tools available to forecast the future

Reduces guesswork, provide a framework for making assumptions about the future otherwise it would be a lot like fortune-telling and Tarot cards

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49 states have either a constitutional or statutory requirement that there

Budgets must be balanced

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Revenue

How much money will the state collect and when will it come

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General fund

Checking account

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Federal funds

Healthcare, irrigation and water system

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Expenditure

How much will it cost

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Montana university system

Tuition

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Tuition

Three legged stool

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Three legged stool

General fund, property taxes, tuition – 6 million Levy

Total cost is allocated between them

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Fourth branch of government

Academic freedom, free from political influence, 60s and 70s student activism

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1972 Montana constitution

Provides a firewall, board of regents is the MUS governing board, 7 members of board

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All programs submit budget request to the

OBPP

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MUS department is

Separate

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In 1972 at the Montana constitution convention

Board of regents for M US, appointed by Governor and confirmed by the Senate to be responsible for governing the system

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Language in the 1972 Montana Constitution provides

A firewall between the university system and then executive and legislative branches, board of regents is the governing body for the university system, commissioner of higher education is the chief executive of MUS

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Board of regents

Fragmentation/dispersion of executive power, seven members appointed by Governor, confirmed by senate

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Board of regents power

To raise tuition, in charge of budget

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Three funding sources for covering the expense of higher education Montana

1. state tax dollars from the state general fund/states checking account. 2. property taxes for the state wide 6 million Levi on property. 3. tuition – out-of-pocket payment for students

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Legislature gradually reduce state funding and the monies from statewide 6 million Levi remain constant

Student tuition was required to be increased or expenditures had to be cut. Board was concerned about the quality of instruction if too many cuts were made and was left with no option then increase tuition

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Period between 2005 and 2011

Tuition froze

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University system stands to lose 20 million a year if

Levy is not reauthorized

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If any portion of the total is not restored by the legislature the board will have two options

Cut expenditures, raise tuition

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Budget

Statement of priorities and values

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Biennium

Two year period

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Fiscal year

12 month budget period, July 1-June 30

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If the Montana legislature meets only an odd number years every other year

They must budget and approve spending for two fiscal years

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Executive branch begins preparing its budget plan in March of even numbered years

Two estimates must be configured

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Two estimates must be configured

How much money does the state anticipate receiving for the to your budget., How much money does the state propose to spend during the senior.

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In order to derive the estimates for the budget

Executive must forecast events approximately 39 months into the future so right now the end of the budget period Would be June 2021

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Montana legislature meets

In odd-numbered years for only 90 days roughly the first week of January to the last week of April

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Montana legislature constitutional duty

To appropriate funds to operate state government, lawmaking is an inherent power

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Montana Senate

50 members sir for your terms term limits allowed two terms

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Montana house

Hundred members, serve to your terms, term limits allow four terms

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Difference between house and senate

House members tend to be younger and less experienced, size of committees is roughly double the size of Senate committees, more commotion and activity in the house, house is like a Kager what’s in is like a cocktail party, send it tends to be more collegial

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Montana constitution is the newest in the US

Adopted in 1972, reflects a more contemporary vision of government, amended many times, has been dead mended more than the US Constitution, moments are integrated not added a separate amendment says the US Constitution

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Referendum

Law referred to the voters by the legislature for final approval, not all states allowed voters to be lawmakers

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Initiative

A proposed law initiated by citizens by petition, if the required number of signatures are gathered, the issue is placed on the ballot for approval by the voters

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State constitutions do not contain a list of

Enumerated powers

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Reserved powers

10th amendment

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Most state constitutions serve to restrict the power of

States to act, create condition

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Those who favor limited government tend to

Support more restrictions and Conditions

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Those who favor a more active role of government tend to

Support fewer restrictions and conditions

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Legislative process in both cabinets

Introduction, committee, hearing, vote, how/senate, two votes

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If the law is the same

The governor

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If the law is different

Conference committee

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What happens to most bills introduced to congress

Nothing

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What happens to most of the bills introduced in the Montana legislature

Most have a hearing and then die by a vote in committee

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House bill two

The general appropriations bill introduced each session in the Montana legislature to authorize the expenditure of public funds

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Budget inn House Bill two

Initial version of House Bill two reflects the governors proposals

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Appropriation in House Bill two

Final version of House Bill two reflects the legislatures proposals

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Policy

A course of action approved by government, business, or individual, possible to have a policy without a program or law, a general statement of operation

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Program

A plant series of events by government, business, or individual, more formal than a policy, possible to have a program without a law

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Law

A policy or program approved by government that everyone must follow

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Appropriations

House bill 21 approved is a law for two years, total number of state and federal dollars approved for two fiscal years

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Appropriations process

Introduced in the house, refer to the appropriations committee, divided into five sections

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What happens to appropriations process when is divided into five sections

Each section is set to its own sub committee that are composed of both member of the house appropriations committee and the Senate finance and claims committee

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Subcommittees must vote on appropriations

If a majority of the sub committee votes to approve the section is sent back to the preparations committee if not they must resolve the differences that result in a favorable vote

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The Appropriations Committee goes through each section of House Bill two

Hearings discussion amendments

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If majority votes in favor of House bill two it is sent to

House of Representatives for debate

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After the house voted on the approval of the bill twice it is sent to

Senate

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Senate refers the bill to the senate finance and claim committee

Committee goes through and debates it by section, after majority vote sent to full senate, senate debates, must be voted on twice

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Given the large number of dollars at stake for a house built two

Send it always changes the version of the hospital to send to it by the house which must be resolved by conference committee after the committee meets and dissolves the differences the bill sent back to both the House and Senate for two additional majority votes in each chamber

118

The court system in each of the 50 state is

Unique reserved powers allows states to structure an operate their court systems as each sees fit

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In most states, including Montana, justices are elected

Directly by the voters

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In some states the governor made directly appoint an individual to the court without

The consent of the legislative branch

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In some states the governor made directly appoint an individual to the court but the appointment must

First be approved by the legislative branch

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In a small number of states and independent commission plays a role in selecting individuals to

Serve in the court system

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Montana court system

All but a few members of the digit judiciary in Montana are elected

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Montana court system is comprised at three different levels

Supreme court, district courts, justice courts

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Supreme court

Seven members, all elected

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District courts

54 courts, each with a persuading judge who is elected

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Justice court

Presided over by a justice of the peace who is elected

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Cases may be appealed

From a lower court to the next level

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Civil law

Deals with conflicts between individual and titles, sometimes money mostly divorce

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Criminal law

Exist to protect society as a whole

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Court of record

Court who’s proceedings are recorded and available as evidence of fact