State Legislatures. State & Local Government. Ch. 7
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1 State Legislatures State & Local Government Ch. 7
2 Legislature in some states is the dominant branch of govt. Highlights State Legislatures have 4 clear functions: 1. Making laws 2. Represent their constituents 3. Service to Constituents 4. Provide Oversight function
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4 Florida Legislature Authorized by the Florida Constitution Creates & amends the laws of the state Governor can veto legislation A bill has to pass through committee review 3 readings on the floor of each house
5 Requirements of Florida Legislature Senate = 40, House of Representatives = 120 Age minimum for both houses: 21 Representatives elected for up to two four year terms Senators can be elected for up to two four year terms Former members can be elected again after a two-year break
6 Common Functions of Legislatures Money State Legislatures are always embroiled in battling for funds and how to allocate same Education & Healthcare, roads, transportation are major demands on state s economy
7 Other functions Law Making Constituent Services & Representation Oversight: Controls over the Governor & Executive branch of a state Ensuring that laws passed are implemented / monies spent as directed
8 Organizational Structure Bicameralism: legislature comprises of 2 houses Nebraska: unicameral Like the US Congress, both houses are elected State legislators=
9 Who can Serve Members must reside in state which they represent Legislator is mainly responsible to his/her district & constituency & residents who elected the official in the first place Both House & Senate elected by the people
10 Constituency: district ( electoral district as well as members) that a legislator member represents
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12 Legislative Strategies Coalition building Logrolling Filibusters Riders Compromise
13 Legislative functions Lawmaking Variation in number of bills introduced Reasons for introduction -Mandatory -Common problem -Outside influence
14 Legislative functions Representation: speaking/voting for the people (constituents) Internal changes
15 Legislative functions Constituent service (casework) Incumbency advantage Oversight: Ensure governor & agencies are implementing laws properly
16 Legislative make up Legislative leadership Rank-and-file members Committees Caucuses
17 Delegate vs. Trustee Legislators are seen either as: Delegates: voting on bills, etc. that reflect wishes of their constituents Trustees: Legislators who believe that they are elected to make decisions on behalf of their constituents
18 Apportionment; as a result of 10 year National Census State Legislatives are responsible for the process Redistricting Process is highly partisan because each party tries to maximize the districts in their favor Ideally the principle of equal representation should be the goal
19 Make up of State legislators Professional background Demographic diversity -Women -Racial minorities
20 Professionalized legislatures Professional vs. citizen legislators Full-time vs. part-time legislators
21 State legislatures & public opinion Professional legislatures & public approval Negative perception of politicians Low level of knowledge about state legislatures Role of the media
22 Term limits Fail to increase citizen legislators Fail to increase women & minority legislators Mixed results for lobbyists More power to executive branch Popular with the public
23 Increasingly effective and fair job performance Still mistrusted and disliked Reflection of disagreements that exist within the electorate Compromise
24 Representation Models: Sociological vs. Agency Representation Sociological representation = the representing person reflects the racial, ethnic, gender, religious or educational backgrounds of their constituents Assumption is that these similarities in composition on both sides promotes good representation Therefore the composition of a legislature should mirror its society
25 Agency Representation defined When the person represents the constituent regardless of make up/backgrounds of the constituents But when the constituent has the power to hire/fire reps who represent them Keep in mind that we have a 2 party system
26 Demographic Composition of State Legislatures Legislative bodies are not a sociologically representative body Largely white males in their fifties Under representation of minorities & women, disabled Women currently 51% of our population
27 Make up of Legislatures African Americans & women, Hispanics are increasing their representation Large percent of legislators are from business backgrounds Fewer lawyers Some are professional politicians
28 Composition Although reps do not reflect the diversity of their constituents, they do represent their interests Risk of not doing so not being re elected Still constituent do not have strong views on every issue
29 Composition 1970 a total of 4% of state legislators were women Today it is about 24-25% Women legislators tend to focus on education, healthcare & housing African Americans, while the numbers have improved, still hover around 10% of total legislators
30 Inner Workings Party winning the majority of seats selects: House leader selected by majority party & becomes the House President, House Leader or Pro-Temp Speaker of the house Minority party selects its Minority house leader and speaker
31 Who gets elected & what they do are influenced by 3 factors 1. Who runs for office? Voter s choices are restricted by who decides to run for office Parties ensure that qualified candidates run 2. Incumbency: Incumbents provide constituents with services which ensure their re election Regular communications Incumbency tends to preserve status quo 3. Hence call from some quarters for term limits to ensure new faces more often
32 Committee Average committees per chamber Committee system assumed pivotal powers Committees controls deliberations & debates Filibusters still occur Committees, seniority & rules limit members representation of their constituents
33 Bills must make it past the committee stage before being debated on the floor Budget committees are most powerful
34 2010 California approved laws that removed the powers of redistricting districts from state legislators & handed over to independent commissions.
35 How Legislator decides on Legislation Influenced by Constituency preferences Interest Groups Party discipline
36 Maintaining Party Discipline Favoring Committee assignments Allotting floor time for debate for one bill in exchange for specific vote or another Whip system allows party to assess support of a bill Creating coalitions Governor can muster support by championing certain legislations
37 Direct Patronage = Pork barrel Legislators are able to provide patronage to constituents local projects, new initiatives not always needed, but ensures re election of the reps. Members may add earmarks in legislation which provides benefits to their districts Private Bill is another way to provide patronageprovides relief or special privilege/exemption Often abused
38 Building blocks of Legislative Branch Consist of political parties Committee system Caucuses Parliamentary rules of the House & Senate A Legislature which represents & governs, but runs along party lines
39 Filibuster Senate rules different in that no limit of debate, hence filibuster which prevents or delays passing of a bill
40 External Factors Constituents: Legislature members spend much time forecasting what policies constituents like in order to be re elected However, most constituents do not know what policies or bills their reps support Interest Groups Organized or mobilized interest groups have big influence in decision making- lobbying, direct mail campaign
41 Internal Factors: Party Discipline Party leaders can influence party members in several ways; Logrolling: Practice of supporting a colleague's bill in return for that person s support on a future bill
42 Internal Cont d: Committee Assignments: Leaders create support by helping members secure favorable committee assignments Access to floor: Controlled by party leadership
43 State Supreme Court on Florida s Gerrymandering Case brought by Women s League against Governor Scott s redistricting of two districts Districts cut through Central Florida
44 Gerrymandering Malapportionment: violates the principle of equal representation Majority-minority districts: members of minority group constitute the majority of the state or district, eg., African Americans
45 Reapportionment: Reassignment of the seats of the House of Representatives on the basis of changes in the population of the state Redistricting: Redrawing of district boundaries Hence some states lose seats, while others gain seats. Based on pop changes Redistricting tends to be political & favors the ruling party at the time because it oversees the redrawing
46 Key Terms Constituency: district which a Congress member represents Incumbent Apportionnment/Reapportionment: Every 10 years the 435 seats are reallocated based on census changes Gerrymandering Pork Barrel: Benefits which are directed to one s district thru budget process Majority leader: second in command to the House speaker. Who is it? Bi-cameralism Agency / Sociological Representation Oversught
47 Key Terms Standing Committee: Permanent and responsible for legislation which covers finance, tax, trade, Medicare & Social Security Filibuster : Tactics of using long speeches by Senate to prevent/delay bill from being passed Cloture requires 3/5th vote of Senate to end debate 32 hrs after cloture has been invoked introduced Oversight: Congress s authority over executive agencies responsible for executing its passed legislations
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