Week 9: StateLocal Relationships

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Week 9 State-Local Relationships
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Local Government as Creatures of the State

• City of Clinton v. Cedar Rapids and Missouri
  Railroad Company Dillons Rule
• Municipal corporations local government owe
  their origin to , and derive their powers and
  rights wholly from the Legislature. It breathes
  into them the breath of life, with which they
  cannot exist. As it creates, so may it destroy.
  If it may destroy, it may abridge and control. .
  . . local govts are, so to phrase it, the mere
  tenants at will of the Legislature.

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Implications of Dillons Rule

• Local government must be granted authority to act
  by state legislature
• System grew cumbersome as size of local
  government and cities grew in 19th Century
• States began to grant local govt areas of
  discretion

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Shifts in State-Local IGRs

• Basic issues associated with urban expansion in
  19th Century
• Naming, natural resources, institution building
• Growing urbanization in late 19th/early 20th
  Century
• Reform, growing federal presence
• Suburbanization of post-war era
• Sprawl, environment, mismatch and inequality
• Local government in a global environment
• Economic diversity, competitiveness, workforce
  devt

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The Scope of Municipal Affairs under Home Rule

• State Government
• Education
• Courts
• Public utilities
• Annexation

• Local Government
• Awarding of utility franchises
• Form of local govt
• Municipal officers
• Police
• Zoning

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State Interference?

• Why does it matter?
• How might interference occurred?
• What are we measuring?
• Could we have missed interference?

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Interference v. Deference

• Bill introduction
• Committee work
• Big-city delegations
• Special local delegation committees
• Local referenda

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Lessons to be Learned

• Difficult to anticipate all issues that will
  arise
• State government is the battleground for local or
  regional fights
• General legislation require more negotiating and
  cooperation

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Readings for Next Week

• Ten articles in coursepack on gambling
  particularly as it relates to Tunica, MS