Intergovernmental Relations. LOCAL-LOCAL RELATIONS. The Lakewood Plan which several cities will contract with the County government, for instance, to provide law enforcement. Councils of Government
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The Lakewood Plan
which several cities will contract with the County government, for instance, to provide law enforcement.
Councils of Government
Representatives of several local governments will Meet regularly to discuss matters of common concern and, perhaps, even adopt united action. The may receive funds from members and hire a staff to develop and coordinate planning actions. COGs address such functions as transportation, parks and recreation, sewers, and land-use planning.
The most extreme form of inter-local coordination is intergovernmental consolidation. One example is metropolitan government ("metro"), in which an area-wide government is established. Metropolitan government has been unpopular in the United States, with just a small number of areas instituting it (such as Nashville-Davidson County and Miami-Dade County).
Dillon's Rule Historically, as noted before, state-local relations have been best described by "Dillon's Rule.“ (1911):
"it is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation - not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Supreme Court Justice Pierce Butler put it even more bluntly in Trenton v. New Jersey (1923):
“In the absence of state constitutional revisions safeguarding it to them, municipalities have no inherent right of self-government which is beyond the legislative control of state.”
The state compels the local government to carry out certain programs; A study published in the early 1980s indicates that the average state has thirty-five different mandates requiring spending by local governments.
The most common mandates focused on special education, solid waste disposal, and eligibility for police and firefighter pensions.
Mandates do help create uniformity in policy within a state. It can increase the coordination of policies within a state. However, these Mandates increase the burden on localities.
Elastic Clause (a.k.a Nec. & Proper) in Trenton v. New Jersey (1923):
- Article I, sec. 8. Gives Congress the authority to make whatever laws that are “necessary and proper” to carry out its enumerated responsibilities.
Interstate Commerce Clause
- Heart of Atlanta Motel v United States (1964)
- Legal Ruling: Commerce which concerns more than 1 State is of substantial national interest and therefore falls under the Commerce Clause.
the Housing and Urban Renewal Act of 1949, helped localities to acquire and clear land to be later sold to private businesses.
Johnson Administration: Model Cities (a program under which cities could apply for federal funds to support the development of a demonstration project designed to attack poverty and urban problems in a coordinated fashion) and the War on Poverty (under which local Community Action Organizations could develop programs to combat poverty)
Another program that benefited local government was the Urban Mass Transit Act (UMTA) – 1964: 50/50 matching funds
General revenue sharing (1972) – no strings attached
Federal Government Spending in Trenton v. New Jersey (1923):
- Grants to States: land or cash grants
Purpose – push policy agenda, stimulate economy, correct for externalities
- Categorical Grants
- Block Grants
- General Revenue Sharing Grants
Ended in 1987
e.g., civil rights and environmental regulations; Federal criminal laws