Week 9: State-Local Relationships

Local Government as “Creatures of the State” City of Clinton v. Cedar Rapids and Missouri Railroad Company – Dillon’s Rule City of Clinton v. Cedar Rapids and Missouri Railroad Company – Dillon’s 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 gov’ts] are, so to phrase it, the mere tenants at will of the Legislature.”

Implications of Dillon’s Rule Local government must be granted authority to act by state legislature Local government must be granted authority to act by state legislature System grew cumbersome as size of local government and cities grew in 19 th Century System grew cumbersome as size of local government and cities grew in 19 th Century States began to grant local gov’t areas of discretion States began to grant local gov’t areas of discretion

Shifts in State-Local IGRs Basic issues associated with urban expansion in 19 th Century Basic issues associated with urban expansion in 19 th Century Naming, natural resources, institution building Naming, natural resources, institution building Growing urbanization in late 19 th /early 20 th Century Growing urbanization in late 19 th /early 20 th Century Reform, growing federal presence Reform, growing federal presence Suburbanization of post-war era Suburbanization of post-war era Sprawl, environment, mismatch and inequality Sprawl, environment, mismatch and inequality Local government in a global environment Local government in a global environment Economic diversity, competitiveness, workforce dev’t Economic diversity, competitiveness, workforce dev’t

The Scope of Municipal Affairs under Home Rule State Government State Government Education Education Courts Courts Public utilities Public utilities Annexation Annexation Local Government Awarding of utility franchises Form of local gov’t Municipal officers Police Zoning

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

Interference v. Deference Bill introduction Bill introduction Committee work Committee work Big-city delegations Big-city delegations Special local delegation committees Special local delegation committees Local referenda Local referenda

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

Readings for Next Week Ten articles in coursepack on gambling – particularly as it relates to Tunica, MS