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Table of Contents

ANNUAL EDITIONS: State and Local Government, Fourteenth Edition

UNIT 1: Early Commentaries

Unit Overview

1. The Federalist, No. 17, Alexander Hamilton, The Federalist Papers, 1787

According to Alexander Hamilton, a number of factors combine to make it highly unlikely for the national government to become too powerful in the new federal system that is proposed in the Constitution drafted during the summer of 1787.

2. The Federalist, No. 45, James Madison, The Federalist Papers, 1788

James Madison writes that the authority of the state governments will not be endangered by that of the central government in the new federal system. He argues that history, the nature and role of state governments, and the relatively few powers delegated to the national government in the Constitution support his conclusion.

3. Nature of the American State, James Bryce, The American Commonwealth, 1888

After noting that there is considerable diversity among the states, James Bryce focuses on the actors that promote uniformity among them. He also discusses the constitutional and legal standing of the states within the context of American federalism.

UNIT 2: Intergovernmental Relations

Unit Overview

4. Federalism at a Crossroads, William T. Pound, State Legislatures, June 2006

William Pound traces the history of the roles of the national and state government in governing the United States. He focuses on fiscal federalism, the arrangements whereby responsibilities for raising revenues to finance government services are divided among national, state, and local governments.

5. Leaving “No Child Left Behind” Behind, Richard Rothstein, The American Prospect, January/February 2008

Richard Rothstein discusses the shortcomings of the No Child Left Behind Act of 2001, and identifies what he sees as a more appropriate role for the national government in educating American children.

6. Eminent Domain—For the Greater Good?, Garry Boulard, State Legislatures, January 2006

Garry Boulard reports the responses of state legislatures and the U.S. Congress to the Supreme Court’s controversial Kelo v. City of New London ruling in 2005. In its 5-4 decision, the Court ruled that states can use the power of eminent domain to take over private property solely for the purpose of economic development.

7. A Patchwork of Immigration Laws, Anthony Faiola, Washington Post National Weekly Edition, October 22–28, 2007

In the absence of any national consensus on what ought to be done, Antony Faiola describes the conflicting policies of the state and local governments that address the issue of illegal immigrantion and the resulting political and economic complications.

8. Devolution's Double Standard, Alan Ehrenhalt, Governing, April 2003

Alan Ehrenhalt discusses the marked difference between the principle and the practice of devolution at the level of the national, the state, and the local government in the United States.

UNIT 3: Linkages Between Citizens and Governments

Unit Overview

Part A. Elections, Parties, and Interest Groups

9. On the Oregon Trail, Sam Rosenfeld, The American Prospect, May 2006

Sam Rosenfeld reports how several states have been following Oregon's vote-by-mail lead and how they have been making changes in their electoral procedures.

10. Locking Up the Vote, Nicholas Thompson, Washington Monthly, January/February 2001

Nicholas Thompson reports on the extensive disenfranchisement of former prisoners that has been happening across the United States and disputes the desirability of such a policy. He also notes the racial implications of the situation.

11. Justice for Rent, Alexander Wohl, The American Prospect, May 22, 2000

Alexander Wohl reveals a seemingly inevitable consequence of electing state and local judges to office—the financing of campaigns by contributions in ways that may question the impartiality of later court rulings.

12. Electoral Overload, Alan Ehrenhalt, Governing, August 2001

Alan Ehrenhalt suggests that too many state government officials are elected and argues that many of these officials should be appointed instead.

13. Bada Bing Club, Alexandra Starr, The New Republic, April 23, 2007

Alexandra Starr explores why liberal northeastern states such as New Jersey and Pennsylvania have lower proportions of women in state legislatures than the more conservative western states. Her explanation focuses on machines and bosses in a political culture dominated by men.

Part B. Referenda, Initiatives, Recalls, and Public Meetings

14. California, Here We Come, Peter Schrag, The Atlantic Monthly, March 1998

Peter Schrag argues that the non-deliberative nature of initiatives and other instruments of direct democracy threatens minority rights.

15. The Initiative—Take It or Leave It?, Jennifer Drage Bowser, State Legislatures, June 2002

Jennifer Drage Bowser comments on how the incidence of initiatives increased during the last few decades of the twentieth century. She discusses the pros and cons of this method of making state government policies.

16. Total Recall, Alan Greenblatt, Governing, September 2003

In the context of the 2003 recall campaign against Governor Gray Davis of California, Alan Greenblatt provides an overview of the availability of the recall procedure for the elected officials of the state and local governments across the United States.

17. Public Meetings and the Democratic Process, Brian Adams, Public Administration Review, January/February 2004

Brian Adams considers the role of public meetings in local government decision-making. He concludes that they seem to play a different role from that commonly attributed to them.

Part C. Media

18. A Shift of Substance, Bonnie Bressers, Quill Magazine, May 2004

Bonnie Bressers reports that the recent trend of broadcast consolidation and monopoly ownership has adversely affected local radio news.

19. Cross Examination, Steve Weinberg, Quill Magazine, January/February 2004

Steve Weinberg argues that journalists have not adequately covered the activities of local prosecutors, despite the very important government powers they exercise. He also reports some interesting and important findings about prosecutors that were produced by a few journalists who covered them seriously.

20. Bloggers Press for Power, Nicole Casal Moore, State Legislatures, January 2007

Nicole Casal Moore discusses whether bloggers should be given the same press credentials and access in State Capitols as journalists, who use more traditional media such as newspapers and television.

UNIT 4: Government Institutions and Officeholders

Unit Overview

Part A. Legislatures

21. The Legislature as Sausage Factory, Alan Rosenthal, State Legislatures, September 2001

Alan Rosenthal systematically evaluates Otto von Bismark's well-known observation that likens the legislative process to sausage making.

22. Legislative Pay Daze, Jack Penchoff, State News, February 2007

Jack Penchoff reports on the compensation that state legislators receive, by comparing differences between professional and citizen legislatures and by identifying trends over the past thirty years.

23. Are City Councils a Relic of the Past?, Rob Gurwitt, Governing, April 2003

Rob Gurwitt examines the way city councils in America's large cities are functioning today. He suggests that individual city council members have become increasingly parochial in their concerns, and that city councils as a whole have become dysfunctional in the twenty-first century.

24. First, Kill All the School Boards, Matt Miller, The Atlantic Monthly, January/February 2008

Matt Miller argues that local control by more than 15,000 school boards has not been helpful to American public education and explains why he favors “nationalizing” school governance.

Part B. Executives

25. How to Win Friends and Repair a City, Rob Gurwitt, Governing, April 2004

The author reports approvingly on the cooperative approach to governing adopted by Atlanta Mayor Shirley Franklin that brought her considerable success during her first term in office.

26. Now This Is Woman's Work, Karen Breslau, Newsweek, October 15, 2007

Karen Breslau reports on the popularity and the successes of several current female governors who are part of the largest group of women ever to serve as state chief executives at one time.

27. Rise of the Super-Mayor, The Economist, March 6, 2008

This selection describes the efforts of several American big-city mayors to work with suburban jurisdictions, in order to find common solutions for problems besetting the metropolitan areas in which their cities are located.

28. Take It to the Limit, Del Stover, American School Board Journal, November 2007

Del Stover examines what happens when big-city mayors gain more control of urban public schools than they have traditionally exercised over public education, and concludes that there have been mixed results.

29. The Avengers General, Alan Greenblatt, Governing, May 2003

Alan Greenblatt reports on the growing prominence and power of state attorney generals over the past decade. He suggests that successful lawsuits against several major corporations have helped change the dynamics of corporate regulation in this country, and notes that a dissident group of Republican state attorney generals have banded together in opposition to what has been happening.

Part C. Courts

30. Justice by Numbers, Lois G. Forer, The Washington Monthly, April 1992

A former Philadelphia judge discusses mandatory sentencing laws and their negative effects on the criminal justice system and that effects they had on her own career.

31. Keeping Gideon's Promise, Eyal Press, The Nation, April 3, 2006

Eyal Press reports on the successful efforts of one state, Montana, to implement the U.S. Supreme Court’s landmark ruling in Gideon v. Wainwright. The Gideon decision requires states to provide defense attorneys to poor persons accused of serious crime.

32. Who Needs a Bad Teacher When You Can Get a Worse Judge?, The Economist, November 27, 2004

This article reports the growing role of state courts in determining the funding of public schools and sometimes, in turn, public education itself.

33. In Tiny Courts of N.Y., Abuses of Law and Power, William Glaberson, The New York Times, September 25, 2006

William Glaberson describes the lowest level of courts in New York State, the village and town courts, whose presiding officers are not typically lawyers, and describes the abuses that plague these courts and the problems the citizens who appear before them face.

34. Kids, Not Cases, Susan Robison, State Legislatures, December 2007

Susan Robison reports that state courts often make decisions about children's custodial arrangements without suitable legal representation for the children and in the absence of the affected children who have the right to appear before the court. She also argues that state legislatures should try to ensure appropriate judicial procedures and greater accountability.

UNIT 5: Cities and Suburbs, Counties, Towns, and Homeowners Associations

Unit Overview

35. How to Save Our Shrinking Cities, Witold Rybzynski and Peter D. Linneman, The Public Interest, Spring 1999

The authors describe the changing faces of American cities and explore several urban government responses to these changes. They suggest that consolidation and de-annexation may be viable responses to the shrinking of large cities.

36. Unscrambling the City, Christopher Swope, Governing, June 2003

Using Chicago as an example, Christopher Swope explains how and why urban zoning laws have become outdated, and acknowledges some of the considerations that are to be taken into account while drafting revisions.

37. Immigration Issues, Mara Revkin, The American Prospect, October 2007

Mara Revkin reports that New Haven, Connecticut, makes municipal identification cards available to undocumented immigrants, giving them access to libraries and other public services.

38. My House, My Rules., Peter Applebome, The New York Times, July 29, 2007

Peter Applebome discusses the rights of residents and homeowner associations in the context of private communities that are becoming increasingly common in the United States.

UNIT 6: Revenues and Economic Development

Unit Overview

Part A. Revenues

39. Two Cheers for the Property Tax, Steven Ginsberg, The Washington Monthly, October 1997

Steven Ginsberg discusses the low regard with which Americans view the property tax, and argues that this tax has several positive attributes.

40. Politicians Bet the Farm, Barbara T. Dreyfuss, The American Prospect, March 2008

Barbara Dreyfuss describes the increasing extent to which state governments rely on lotteries and casino gambling to raise revenues, and discusses the resulting social and economic problems.

Part B. Economic Development

41. The Rise of the Creative Class, Richard Florida, The Washington Monthly, May 2002

Richard Florida explores what seems to be a new factor in the economic development efforts of the state and local governments: the need for a social and cultural environment that members of “the creative class” will find congenial.

42. Giving Away the Store to Get a Store, Daniel McGraw, Reason, January 2006

Daniel McGraw details how tax increment financing districts are used to attract large retail stores and discusses the adverse consequences of this particular technique of economic development.

43. Money for Nothing, Bobbi Murray, The Nation, September 2003

Bobbi Murray describes the disappointing results of many economic development incentives given by the state and local governments. In turn, she reports on the growing movement toward greater accountability in such economic development ventures.

UNIT 7: Service Delivery and Policy Issues

Unit Overview

Part A. Service Delivery Issues

44. Going Outside, Jonathan Walters, Governing, May 2004

Jonathan Walters explores the growth in outsourcing taken up by state governments and reviews the pros and cons of privatizing many state government functions.

45. Games Charter Opponents Play, Joe Williams, Education Next, Winter 2007

Joe Williams describes the many obstacles that opponents of charter schools have put in their way, ranging from zoning restrictions, transportation challenges, to blocking money designated for charter schools.

Part B. Policy Issues

46. Under the Microscope, Karen Imas, State News, February 2007

Karen Imas reports the efforts of three state governments to provide better health care for their citizens, and also discusses the proposals that are still pending in some other states.

47. Revenge Begins to Seem Less Sweet, The Economist, August 30, 2007

This selection reports that state governments are executing fewer people than they did a decade ago and that public opinion is becoming less supportive of death penalty. Various explanations for the decline of executions are addressed.

48. Giving Teens a Brake, Melissa Savage, State Legislatures, May 2007

Melissa Savage reports that graduated driver'slicensing programs that began to spread among the states in the mid-1990s have reduced automobile fatality and injury rates of teenagers.

49. Fixing the Rotten Corporate Barrel, John Cavanagh and Jerry Mander, The Nation, December 23, 2002

The authors argue that state governments, which are responsible for chartering corporations, should take steps to control corporate irresponsibility.

50. Smoke-Free Laws, State Legislatures, July/August 2007

This one-page selection summarizes state and city laws aimed at limiting exposure to second-hand smoke. Recent efforts to prohibit adults from smoking in cars when children are present are included.








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