Ferguson (1896) based on the Fourteenth Amendment to the U. S. Constitution, which it also applied to the 1896 case. Explain why the "separate but equal" principle turned into the "separate and unequal" principle. In other words, explain how it made a different interpretation of equity.
Explain court cases how the separate but equal (meaning they could be segregated as long as they are granted the same opportunities) No such thing as separate but equal.
De facto simply means there is choice. De Jure segregation in this case is that partially the state government is responsible for the physical disparity. For example, zoning regulations prohibits some residents willing to buy cheaper property from moving into the area. This is because the cheaper property allows you to pay less in property tax than other people living in the area. Lump sum or basic aid is a general amount every school district gets regardless of wealth. Equalization aid is foundation aid minus local revenue (Tax rate * Property value).
Foundation aid means the minimum amount of money to support 1 student. Judges in the case said if there was no equalization aid than poor districts would have to raise the tax rate. Taxed on wealth in the area.
The 1974 Congressional Budget and Impoundment Control Act modified the role of Congress in the federal budgetary process. It created standing budget committees in both the House and the Senate and established the Congressional Budget Office. Since 1974, CBO has produced independent analyses of budgetary and economic issues to support the Congressional budget process. Each year, the agency's economists and budget analysts produce dozens of reports and hundreds of cost estimates for proposed legislation.
CBO is strictly nonpartisan; conducts objective, impartial analysis; and hires its employees solely on the basis of professional competence without regard to political affiliation. CBO does not make policy recommendations, and each report and cost estimate summarizes the methodology underlying the analysis. Acts as the OMB does for the executive branch. Different agencies in congress would maximize their budgets with budget padding so a committee was put into place to make sure this did not happen.
Created due to lack of centralized cordination and monitoring. Because congress is fragmented, a separate non-partisan budget committee was created to make sure that the budget was not biased.
Top down control- one committee called budget committee, which will set, the total target and centralize control. Progressive reformers proposed the idea of unified committees in congress and give congress more control. Progressive reformers wanted to give more power to the citizen and more benefits. As a result public expenditure is likely to grow. 1971 executive budget. Read the Irwin Rubin paper or the summary table.
Progressive reformers want to give more benefits to the citizens (legislatures). Encourage spending on what benefits the most. Progressive reformers allowed Laissez fair or proloquial interest. Taft Conservatives had distrust over the representatives.
They believed that they were trying to maximize their own proloquial interest. As a result there would be budget padding. Taft conservatives wanted top down control.
Horizontal equity is trying to make everything fair, therefore you should pay as much as someone else who earns as much as you. A problem with horizontal equity is the marriage example meaning joint filing would be higher than if paid separately. Marriage penalties. A recent tax reform fixed this issue. Vertical equity is a progressive tax system in place in the United States. Effective tax rate vs.
statutory tax rate for vertical equity. Statutory tax rate is proportional however it is inequitable and regressive. Show effective tax rate, which is final, tax liability (tax amount/income=effective tax rate).
Give hearing, external stake holders must be allowed to attend hearings. Citizens should be heard. In 1990 rules about negotiations was amendment to the 1946 act. Citizen groups must be allowed some power of the negotiations. Before 1946 executive agencies were already making judgments over legal disputes.
1946 act included they must follow the adversarial court system. No arbitrary judgment. Everyone can expect transparency. Executive agencies were making rules and regulations since the mid 19th century. Executive agencies were also making judiciary type rulings over disputes between executive agencies and external stakeholders.
The 1946 act clarified from now on if you want to make rules and regulation you must follow the rules of congress. Give opportunities so that the demands of the citizens are heard. Follow court like system (Adversarial system).
Tax rate directly changes the amount of revenue, however the indirect effect is work motivation, tax basis. High tax rate beyond a certain point will discourage workers from working. Republican logic is that if there is a tax cut, this will stimulate workers to work longer hours and the income will grow. The tax basis will grow, then the tax revenue will grow. Tax cut will in the short run lose revenue but then in the long run will lead to growth in tax revenue.
Static Scoring - means democrats are focused on the immediate direct impact. Tax cut will result in revenue loss. Static Scoring is immediate, not looking at the future. Dynamic looks more at the future. Use motor tax example from Ryu and Burns.
(Indirect and direct relationships on motor fuel tax)
Congress tried to control impoundment, meaning that if you decide not to use a certain amount you must get approval from congress within 45 days. (1974 Congressional Rescission power). Line item veto of 1996 means if the president decided not to use the certain amount, congress should disapprove presidential decision to not allow the president within 30 days. Expedited decision power. The institution burden is on congress. Us president power is strengthened because congress now has the burden.
Under 1974 president should get the approval, but in 1996 congress has the burden to dis-approve.
In addition based off of class discussion and lecture, the rise of the administrative state is truly in effect and is a sever problem for a couple of important reasons.1) In the Rosenbloom 1983 paper, Rosenbloom outlines what the three different public administrative systems are. The three systems include the managerial, political, and legal approaches which each represent different values and different organizational structures according to Rosenbloom. etc.
....2) In 1978: the U.
S. Supreme Court upheld a series of lower court rulings: established a maximum inmate population per correctional facilities. Agencies tended to procrastinate; difficult to predict future revenue streams, prison issues were less popular, hard to forecast prison population, a possibility of changing prison policies, etc.3) Executive Agencies such as the FCC have powers in all three of the branches. Give examples. Pre-Close: Policy within the governmental budgeting process have gone back and fourth between congress and the executive branch.
For example with the burdens of impoundment regarding the Line item veto act of 1996 and the congressional budget act of 1974. Show Congress wants to take back control...
CBO vs. OMBConclusion: Rise of the administrative state can be seen.