Audrey Wall

Author Articles

Several amendments on the 2013 ballot attracted significant attention, most notably a proposed Colorado amendment that would have raised income tax rates and increased school funding but was rejected by voters. Notable amendments approved by voters include a Texas amendment authorizing use of $2 billion from the state rainy day fund to pay for water projects, a New York amendment allowing operation of up to seven casinos and a New Jersey amendment increasing the minimum wage. The level of state constitutional amendment activity was on par with recent odd-year elections, with only five states considering amendments in 2013, and a good deal of attention focused on qualifying measures for the 2014 ballot.

As the end of the Great Recession recedes into the past, governors maintain a “steady as she goes” approach to governing. Perhaps “cautiously expansive” best describes governors’ budget and policy agendas in 2014. The same five issues surfaced this year as last year as being part of most gubernatorial agendas: education, taxes, jobs, health care and public safety. State chief executives continue to finesse their plans for advancing their states as highly educated, economically vibrant, healthy and safe. More governors this year than last year consider state budget balance, rainy day funds and reserves, debt reduction and pensions. Many of these governors are calling for creating, funding and replenishing rainy day funds, applying surpluses to pay for infrastructure and undergirding pension trust funds. Some governors did venture into relatively new areas, given the times, by calling for serious investment in the arts as a roundabout way to influence state economic and cultural development.

Party polarization continues to sustain gridlock in Washington and produce state-federal tensions. States could reduce Washington’s polarized gridlock by eliminating partisan gerrymandering and reforming primary elections, but states also are more polarized along red and blue lines. Polarization contributes to coercive federalism, and states are on the defensive in their relations with the federal government. State-federal conflicts over the Affordable Care Act, the Common Core State Standards Initiative, REAL ID and other issues marked 2013–14. Many observers tout state innovation as a counterbalance to Washington’s gridlock, but many innovations are polarizing because they are produced by one-party states and thus lack bipartisan traction. The federal government also pre-empts some state innovations and nationalizes others. The U.S. Supreme Court decided eight federalism-relevant cases during its 2012–13 term and four in early 2014, with 10 to be decided as of April 2014.

This article reviews developments in interstate relations pertaining to uniform state laws, interstate compacts and administrative agreements, civil unions and same-sex marriage, and other pertinent interstate legal matters since 2011.

Declining budgets, the need for court reforms and efforts to rein in court power necessitate examining how courts work with or lobby other branches of government. This article examines existing research on how courts do intergovernmental relations work and focuses on the need for the development of best practices.

This year’s Supreme Court docket includes many cases of interest to the states on controversial subjects like affirmative action and legislative prayer and more esoteric subjects like abandoned railroad rights-of-way and federal court abstention.

Elections continued to be the focal point of study and attention by federal policymakers after long lines developed in some locations during the 2012 election. The President’s Commission on Election Administration looked at election practices and made recommendations in January 2014. Congress continues to focus on military and overseas voters and also introduced voting-related bills in response to the commission. The Supreme Court negated the continued use of preclearance by the U.S. Department of Justice for approval of voting changes, which is likely to lead to new legislation related to voting.

A state with a well-structured, fully utilized office of lieutenant governor is at an advantage in this globally competitive world. Gubernatorial succession is the shared and essential role of all lieutenant governors. Beyond succession, governors, legislators and lieutenant governors may direct the structure and/or duties of the office in a way to leverage the position as a competitive advantage to a state in the global marketplace

Chapter 1 of the 2013 Book of the States contains the following articles and tables:

Book of the States 2013

Chapter 1: State Constitutions

Articles

  1. "State Constitutional Developments in 2012"

Tables:

State Constitutions:

...

The Internet has transformed everything we do—from buying groceries to boarding an airplane—and has emerged as the engine of a new global economy. Its growth is fueled by a set of emerging technologies and business models that are challenging our ability to control how and with whom our personal information is shared, as well as changing our understanding of privacy. These developments in technology and enterprise have created new privacy risks for individuals and corporations. Attorneys general are seeking the best ways to manage those risks by investigating, educating and advocating for meaningful online protections and controls that protect our privacy while also protecting the growth of this new economy. The attorneys general also are tracking implementation of the national $25 billion mortgage
servicing settlement they reached last year to bring relief to homeowners.
 

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