Local Govts in a Federal System What do we mean by “local government” and what types of “local governments” exist? What is the status of local governments in the legal system and what rights do they have under state and federal constitutions?

Types of local governments Counties: administrative subdivision of central government (incorp. & unincorp); often public health, social services, finance Municipalities: (town, city): political subdivision within which muni.corporation established to provide general local govt for specific population concentrated in defined area Special purpose districts: schools, more

Hunter v. Pittsburgh (1907) No contract between city and state No contract between city and its citizens No denial of property without due process when state authorizes consolidation of cities by citizen vote

Hunter –rationale Muni is political subdivision of state, for state’s convenience State has absolute discretion re powers/duties State may modify powers, take “governmental” property without compensation No consent of citizens required State is supreme

Hunter-3 Basis for Hunter (Fed. Constitution)? –No standing for city? –Separation of powers (re political design of legislature)? –Constitutional rights are individual rights, not structural or collective? Views under state constitutions/law? –Exceptions: “matter of great public concern” “Proprietary” exception?

Gomillion: special concerns Exclusion of area previously within town limits where minority population Hunter would say state has discretion Options for analysis –15 th A: the right of citizens of US to vote shall not be denied or abridged by US or by any state on account of race –14 th A: no state shall deny any person equal protection of the laws –Voting Rights Act