Test #1 Flashcards
(59 cards)
1
Q
Legislative Referral
A
- measure placed on ballot by legislature, required for certain measures
- i.e. changes to the state constitution, bond measures and tax changes (in some states)
- reasons: amend constitution, avoid gubernatorial veto, appear democratic, political agenda, avoid supermajority req.
2
Q
Initiative
A
- measure placed on ballot following public petition to bypass state legislature
- procedure: file petition, review petition, prepare title and summary, get signatures, verify signatures
3
Q
Initiative Process (Differences)
A
- what can be initiated varies by state
- some states have waiting periods
- percentage of signatures for statutory and constitutional initiatives varies by state (const. usually higher than stat.)
- some states have geographic distribution requirements
4
Q
Basic Forms of Direct Democracy
A
- recall
- referendum
- legislative referral
- initiative
5
Q
Direct Democracy
A
- a “safety valve” for ideas of citizens - allows issues to go through the initiative process
- “where progressive and conservative populists clash”
6
Q
Geographic Distribution
A
- signatures must be gathered from around the state
- varying requirements among states (part of initiative process)
- demonstrates statewide support
- may place unfair burden on initiative proponents
7
Q
Direct Democracy in Oregon (background)
A
- adopted by American Populist and Progressive political groups
- in order to challenge: special interest groups, undemocratic influences in the electoral process, influence of big corporations on elected representatives
8
Q
Recall
A
- removes elected official from office before term ends
- procedure: file an application, circulate recall petition, submit petition (sig. verification), recall election
- very rare, often political, percentage of signatures varies by state
9
Q
Direct Democracy in Oregon (limitations)
A
For ideas from citizens:
- no limitations on what can go on ballot
- no requirements on where money will come from
- no requirements on feasibility
- no required debate, amendment, or review
- no constitutionality test
10
Q
Direct Democracy in Oregon (Legislative and Supreme Court role)
A
- limited role
- single constitutional amendment (Armatta v. Kitzhaber, 1998)
- signature verification system (Lemons v. Bradbury, 2008)
- legislative tampering
11
Q
Armatta v. Kitzhaber (1998)
A
- a single constitutional amendment measure cannot affect more than a single clause of the Constitution
- led to the challenge of multiple measures
- led to the Secretary of State becoming more active in rejecting measures
- may encourage statutory initiatives instead of constitutional amendments
12
Q
Lemons v. Bradbury (2008)
A
- initiative to repeal the state’s domestic partnership law
* upheld the sampling method as the only practical way of signature verification
13
Q
Legislative Tampering
A
Oregon legislature is allowed to repeal or amend a law passed by voters using the initiative process, but use this very sparingly because:
- changes must follow ordinary legislative process
- general unwillingness
- requires a higher vote number
14
Q
Politics of the Campaign Stage (Initiative Process)
A
- money
* commercials, websites, general advertising (emotional appeals, symbolism, “cherry-picking” facts)
15
Q
Referendum
A
- voters ask to approve or repeal an act of legislature by ballot
- procedure: gather signatures, law appears on ballot, it is either approved or rejected
- signatures and time limitations for approval vary in different states
15
Q
“Shopping” of Ballot Titles
A
- changing the language of a ballot to get just the right words
- appeal from Attorney General to Oregon Supreme Court
17
Q
Direct Democracy Pros
A
- circumvents legislature
- allows public to address neglected issues
- promotes political participation
18
Q
Direct Democracy Cons
A
- special interests control the process
- lack of voter knowledge
- filter for untested ideas and compromises
19
Q
Role of Money in the Initiative Process
A
- symbolism
- political reasons
- easier if measures cost less
- high spending on campaigns
- money helps with advertising - commercials, ads, mailers, websites
19
Q
Boutique Measures
A
Single-source financial support for a ballot measure
20
Q
Direct Democracy in Oregon (Possible Reforms)
A
- changing required number of signatures
- requiring supermajorities to participate
- requiring measure to pass in multiple years
- require wide geographical signatures or support
- limiting frequency of ideas
- regulate campaign process
- allowing electronic signatures
21
Q
“Laboratories of Democracy”
A
States have the ability to experiment with policy without interference from the federal government.
Decisions are based on:
- wealth of the state
- individual state’s political system
- internal and external support
22
Q
State vs. Federal Government
A
States can provide:
- health care
- public safety
- corrections facilities
States are larger and employ more people
23
Q
Oregon’s Political Culture
A
“Schizophrenic” - a constant conflict between an active government (solving societal issues) and a conservative government (low taxes, few regulations, traditional social values)
24
Populism
* the will of the people should be realized
* identifies an "elite" that is keeping the common people from what is theirs
* liberal and conservative focus on different elites, values, and issues
25
Progressive/Liberal Populists
The oppressive elite are large corporations and the wealthy.
Key values:
* government should solve social problems
* experts should manage issues
* change and innovation is good
* open, activist, and modern government is most influential
26
Examples of Oregon Populism (Liberal)
* bottle bill
* land use planning
* death with dignity
* 8-hour work day
* direct democracy
* women's suffrage
27
Conservative Populists
The elite are government agencies, politicians, and a liberal media.
Key values:
* restrict government (because it is restrictive), rely on free market
* government intervention should promote traditional family values
* liberal media distorts values
28
Examples of Oregon Populism (Conservative)
* anti-tax measures
* property rights movement
* stiffening penalties on criminals
* traditional family values
29
Political Regions in Oregon
* geographical political differences arise partly from economic and demographic variation
* urban areas are more diverse (i.e. Portland, Salem)
* rural areas are least diverse (Eastern Oregon)
* 4 regions - Portland Metropolitan Area, Willamette Valley/Suburbs, Southern Oregon and the Coast, Eastern Oregon
30
Federal Systems
* power divided among layers
* each layer had an independent claim to legitimacy
* promotes innovation in states (laboratories for democracy)
31
Unitary Systems
* power comes from the central government
| * localities are not sovereign
32
Confederate Systems
* power comes from the states/provinces
33
Federalism
A system in which powers are divided and shared between a national government and state governments
34
Expressed Powers
Power explicitly given by the Constitution
Constitutional elastic clauses -
* general welfare - federal government provides for general welfare of the U.S.
* necessary and proper - Congress passed laws necessary and proper to the federal governments responsibility
* commerce - regulation with foreign nations, among states, with tribes
35
Enumerated Powers
* coin money and establish post offices
* regulate interstate and foreign trade
* raise and maintain armed forces
* declare war
* govern U.S. Territories and admit states
* conduct foreign relations
* weights and measure
* copyright and patent
36
Implied Powers
Powers suggested by the expressed powers, for implementing expressed powers.
* assumed power because the government is a sovereign state
* control immigration
* foreign policy - treaties
* citizenship requirements
37
Preemption
* supports federal supremacy
* Congress has the right to insist on one uniform set of national regulations for areas it regulates
* states must abide by this
* states can do this to local governments
38
Partial Preemption
Federal assumption is certain regulatory powers; as long as a similar state law does not conflict, it is valid
39
State Powers
States have expressed and implied powers as well:
* regulate intrastate trade
* establish local government
* conduct elections
* license requirements
* public schools
* regulating building codes
* drawing congressional districts
* a militia
* motor vehicle laws
* regulating sales of tobacco and alcohol
40
10th Amendment
* any law-making issues not specified in the Constitution to be federal are reserved for the states
* complicated federal/state relationship
* increasing reliance on Supreme Court to make decisions
41
Concurrent Powers
* powers exercised by both national and state governments
* most are implied
Powers:
* collect taxes
* borrow money
* spend money
* establish court systems
* charter banks
* make and enforce laws
42
Limitations on Powers
* Bill of Rights - guarantees unalienable rights
| * 14th Amendment - states must provide due process and equal protection of the laws
43
Prohibited Powers
* tax articles exported from one state to another
* violation of Bill of Rights
* changing state boundaries
44
Cooperative/Coercive Federalism
* system to provide goods and services to the people among all levels of government
* federal grants encourage states to cooperate
45
Categorical Grants
* least flexible
| * specific and purposeful - strings attached
46
Project Grants
* limited flexibility
| * provide specific funding for a specific period of time
47
Block Grants
* moderately flexible
| * broad, more options for use
48
Formula Grants
Allocated based on pre-existing criteria; ongoing and non-competitive.
49
Revenue Sharing
* most flexible
| * no restrictions, recipient can spend as they like
50
Advantages of Federalism
* allows local government to create and enforce their own legislation
* efficiency - divided duties, streamlines the process
* ensures public involvement
* encourages widespread development
* representation
* state freedom in adopting policies
51
Disadvantages of Federalism
* can lead to overlapping policies, inefficiency
* can lead to inequality between states
* prevents comprehensive solutions
* leads to lack of accountability
52
Dual Constitutionalism
System in which people live under two sovereign powers with respective constitutions.
53
Similarities of State and Federal Constitutions
* separation of powers (executive, legislative, judicial)
| * statement of citizen rights and limit on executive power
54
Differences of State and Federal Governments
* states divide executive power among offices - no equivalent to president (Secretary of State is closest to VP but does more)
* state court judges are elected by the people
* Legislative Assembly versus Congress
55
Differences of State and Federal Constitutions
* permanence
* length (states are longer)
* specificity (more local)
* finances
56
Oregon's Constitution
* amended more than 300 times
| * more than 58,000 words and 18 articles
57
Formal Methods for Changing State Constitutions
* constitutional convention - people vote at a convention for amendments
* constitutional commission - panel of experts assess but do not mandate changes
* direct democracy - people vote directly
58
Informal Methods for Changing State Constitutions
* judicial interpretation - changing understanding of same words
* neglect - stop enforcing it
