In-depth study of the recall, the most important popular device allowing voters to remove unresponsive elected officials from office. The recall, or election in reverse, is meant to allow voters to remove an elected official from office prior to the completion of his/her term in office. In this revised second edition of The Recall, Joseph F. Zimmerman examines the rise of the recall in the United States and its use by American voters. Proponents of the recall believe the threat of removal from office would ensure that elected officials would act in accord with the publics will, while opponents fear their use would disrupt and inhibit public officers in the performance of their duties. Zimmerman provides a detailed analysis of how the recall has functioned in practice and discovers that the recall has seldom been employed against elected state officials. Although used more often against local government officials, the rate is still not exceptionally high when one considers the extremely large number of elected officials. After a century of use in the United States, the recall has not produced a new era of public official responsibility as hoped for by proponents, but neither has it caused extensive disruption of state and local governments, the original concern of early opponents.
Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. In Innovative Congressional Minimum Standards Preemption Statutes, Joseph F. Zimmerman provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies.
This comparative study of electoral procedures, trends, and key issues is the first to deal with the representation of women and minorities around the world. Wilma Rule and Joseph Zimmerman have brought together an international team of scholars who show why there is gross underrepresentation of women and minorities internationally and who analyze the cultural, socio-economic, and political barriers to their future electoral successes. The scholars describe the current situation in 20 countries in various regions and point to ways for women and minorities to enhance positions politically. This text is intended for courses in comparative politics, political parties and elections, women in politics, and minority politics.
In this groundbreaking study, Zimmerman explores the town meeting form of government in all New England states. This comprehensive work relies heavily upon surveys of town officers and citizens, interviews, and mastery of the scattered writing on the subject. Zimmerman finds that the stereotypes of the New England open town meeting advanced by its critics are a serious distortion of reality. He shows that voter superintendence of town affairs has proven to be effective, and there is no empirical evidence that thousands of small towns and cities with elected councils are governed better. Whereas the relatively small voter attendance suggests that interest groups can control town meetings, their influence has been offset effectively by the development of town advisory committees, particularly the finance committee and the planning board, which are effective counterbalances to pressure groups. Zimmerman provides a new conception of town meeting democracy, positing that the meeting is a de facto representative legislative body with two safety valves—open access to all voters and the initiative to add articles to the warrant, and the calling of special meetings to reconsider decisions made at the preceding town meeting. And, as Zimmerman points out, a third safety valve—the protest referendum—can be adopted by a town meeting.
The recall, or "election in reverse," is meant to allow voters to remove an elected official from office prior to the completion of his/her term in office. In this revised second edition of The Recall, Joseph F. Zimmerman examines the rise of the recall in the United States and its use by American voters. Proponents of the recall believe the threat of removal from office would ensure that elected officials would act in accord with the public's will, while opponents fear their use would disrupt and inhibit public officers in the performance of their duties. Zimmerman provides a detailed analysis of how the recall has functioned in practice and discovers that the recall has seldom been employed against elected state officials. Although used more often against local government officials, the rate is still not exceptionally high when one considers the extremely large number of elected officials. After a century of use in the United States, the recall has not produced a new era of public official responsibility as hoped for by proponents, but neither has it caused extensive disruption of state and local governments, the original concern of early opponents.
Cooperative interstate relations are essential for maintaining the economic and political union established by the United States Constitution. Despite this importance, interstate compacts, federal-state compacts, and interstate administrative agreements have generally been neglected by political scientists for more than half a century. In this second edition of Interstate Cooperation, Joseph F. Zimmerman demonstrates that many public goals can be achieved by either a compact or an agreement. Interstate administrative agreements, moreover, may be verbal or written, and have increased sharply in number because their flexibility allows changes to be made quickly without legislative authorization. Zimmerman aims to stimulate additional research on these forms of interstate cooperation in order to help formulate additional innovative solutions to our major interstate problems.
The initiative is the product of the populist movement, which in the late nineteenth century sought to increase voter control of what were viewed as unrepresentative state and local governments. Today, twenty-four states allow registered voters to place proposed state laws on the referendum ballot, and eighteen states authorize voters to place proposed state constitutional amendments on the referendum ballot by collecting a specified number of valid voter signatures. Numerous local governments have a charter provision or a state law provision allowing voters to employ the popular lawmaking device. In The Initiative, Second Edition, Joseph F. Zimmerman traces the origin and spread of the initiative in the United States. The initiative has been a controversial device since first being introduced in South Dakota in 1898, with arguments both in support and in opposition. Zimmerman examines and evaluates both the legal foundation of the initiative, and the arguments against its use. He then concludes with a chapter that develops model constitutional, statutory, and local government charter provisions to assist jurisdictions and their voters contemplating adoption of the initiative or amendment of already existing constitutional, statutory, and charter initiative provisions.
In Regulating the Business of Insurance in a Federal System, Joseph F. Zimmerman provides an up-to-date historical description and analysis of the regulation of the business of insurance in the United States. He focuses on the controversial issue of whether Congress should authorize optional federal charters for insurance companies, thereby establishing a dual charter system superficially similar to the dual banking system. Reviewing the evidence between federal and state level regulation of the financial securities industry, Zimmerman finds that federal regulation falls woefully short of its state counterpart. He concludes that the current system, rather than the proposed dual insurance regulatory system, is the most efficient and effective.
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system.
This is a revision and update of Zimmerman's classic study of relations between state and local government. The first edition, published in 1983, was based on three decades of research into intergovernmental affairs and examined the legal, financial, and structural foundations of state-local relations. This new edition adds a fourth decade of research and brings the work up to date through the early 1990s, adding a chapter on state mandates and local governments, reviewing and analyzing the changes in fortune of state and local governments, and the impact of those changes on their relations between each other and between themselves and the federal government.
Zimmerman places in perspective the important roles played by interstate compacts and interstate administrative agreements in the governance systems of the United States. Compacts are identified and classified by type. Particular emphasis is placed on federal government promotion of compacts, including the U.S. Congress enactment of federal-state compacts in which the federal government joins member states as partners to achieve stated goals. Formal and informal interstate administrative agreements have increased in number dramatically during the past six decades and relate to both minor and very important issues. Credit for many interstate administrative agreements must be ascribed to associations of state government officers which encourage their members to promote interstate cooperation and also draft model state laws and administrative agreements. Although compacts and agreements have lubricated the functioning of the United States governmental system, as Zimmerman makes clear, the full potential of compacts and agreements has not been achieved to date, and he makes recommendations to improve the level of interstate cooperation. An important resource for scholars and students of American government—federal, state, and local—as well as administrators and policymakers.
Relations between state governments and their respective local governments are of crucial importance, yet they have remained largely unexplored by scholars. This neglect is all the more surprising in light of the fact that most public services are provided directly to citizens by general-purpose local governments, who are themselves subject to varying degrees of control by their respective state governments. In State-Local Governmental Interactions, Joseph F. Zimmerman builds on work conducted for the US Advisory Commission on Intergovernmental Relations pertaining to local government discretionary authority, intergovernmental service agreements, state and federal mandates, and voluntary and state-mandated transfers of functional responsibility. He demonstrates that the degree of control states exercise over their political subdivisions varies greatly, from very tight control in Vermont to relatively little control in Maine. Particular emphasis is placed on the legal relationships between a state and its various types of political subdivisions. The volume concludes with recommendations for the establishment of a state-local governmental partnership.
Cooperative interstate relations are essential for the maintenance of the economic union and the political union established by a confederacy or a federacy. This suggests that interstate relations would be featured prominently in the literature of the U.S. federal system, yet relatively few scholars have studied horizontal state relations. This volume provides detailed information and an analysis of interstate relations, and advances recommendations to improve the economic and political union. The ultimate goal is to stimulate scholarly research on important yet neglected interstate issues.
Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.
The Silence of Congress is the first book to examine state taxation of interstate commerce and the relative inactivity on the part of Congress to regulate such commerce. As states actively seek to maximize tax revenues, congressional silence has affected both citizens and corporations and resulted in myriad tax inequalities from one state to another on such things as personal income, estates, cigarettes and alcoholic beverages, tourism, and even visiting athlete status. Inconsistencies also affect a state's ability to attract and hold lucrative business investments such as sports franchises and gambling facilities. Noting that Congress has been slow to take advantage of the broad powers granted it by the United States Constitution in this area, Joseph F. Zimmerman evaluates the usefulness of Adam Smith's four universally acclaimed maxims of fair taxation and recommends changes to ground rules that would increase cooperation between states while aiding in the creation of a more perfect economic union.
With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.
While there is a vast amount of scholarship on the US Constitution, very little of it addresses Article IV. The article's first section, the Full Faith and Credit Clause, requires that individual states must respect "the public acts, accords, and judicial proceedings of every other state," and the second section, the Privileges and Immunity Clause, prevents one state from treating the citizens of another state in a discriminatory manner. In Unifying the Nation, Joseph F. Zimmerman provides a unique and comprehensive examination of court cases pertaining to both sections. Article IV, he argues, is central to the political and economic union of the individual states that comprise the nation. Many of the court cases cited in the text have tremendous day-to-day relevance and implications for the practice of government, such as same-sex marriage, child adoption, child support, public welfare, health care, and telecommunications.
Long taken for granted, water resources are rapidly becoming a contentious issue within American politics. Continuing population growth and rapid development, coupled with environmental events such as droughts, have led to increasing water shortages in sections of the nation. In Interstate Water Compacts author Joseph F. Zimmerman highlights the growing importance of water issues within the United States and a device that has been instrumental in facilitating interstate cooperation to solve water-related problems: the interstate compact. This groundbreaking work is the first to devote itself exclusively to interstate and federal-interstate compacts pertaining to controversies including the abatement of water pollution, apportionment of river waters, economic development, flood control, inland fisheries, marine fisheries, and restoration to rivers of anadromous fish, such as salmon and shad. The process for entering into interstate and federal-interstate compacts is explained in detail, as is the exercise of original jurisdiction by the US Supreme Court to resolve intractable interstate controversies involving interpretation of provisions of compacts, water apportionment, and water pollution abatement. Zimmerman concludes by calling for the President, Congress, governors, state legislatures, and local governments to devote more attention and resources to finding solutions for water-related problems.
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