UST 200 Introduction to Urban Studies

UST 200 Introduction to Urban Studies Chapter 12 The City Regulates Itself (Law)

The Rule Of Law • Fundamental to the city and the state • Can permit actions • Can restrict actions • Enforces established principles • Regulates public and private concerns

The Rule Of Law • Federal Constitution • Fundamental law of the land • Spell out federal powers • State Constitutions • Cannot conflict with Federal • Local • Creatures of the state • Home rule provisions - Ohio

The Rule Of Law • Federalist Papers • Publius • Explain and defend the constitution • Federalists • Anti-Federalists

The Rule Of Law • What should government do? • How are laws administered • Courts • Municipal • Common Pleas – state • Covers divorce, civil actions, criminal actions • Supreme Court • Court of “last resort” • Case must in some way involve a constitutional principle

Freedom of Speech • First amendment • Doctrine of Seditious Libel • John Peter Zenger • New York Colony, 1735 • Application in today’s society • Ladue v. Gilleo • Flag burning, Texas v. Johnson

Freedom of Speech • Balancing act • Where do my rights infringe on yours? • Ward v. Rock against Racism • Terminiello v. Chicago • “government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable”

Second Amendment • Gun control • How do we control violence around us? • Regulation of assault weapons • Arnold v Cleveland

Voting Rights • Gerrymandering • Drawing districts to favor one group or another – political or minority • Map examples • Gomez v Watsonville • 14th amendment protections • At large voting • Georgia v Ashcroft • Here the case was concentrating minority voters in their own district

Minority Set Asides • Set aside is done to guarantee the minority the ability to get a contract. • Must prove that discrimination existed in the past that is being corrected • Richmond v. Croson, 1989 • Concrete Works of Colorado v. City and County of Denver, 2003

Fundamental Justice • Poor Joshua – no suit can be filed • DeShaney v. Winnebago County • Suit can be filed • Currier v. Doran • Castle Rock v. Gonzales • Different outcome – no suit

Historical Preservation • Landmark designations • Used to prevent buildings that have historical significance from being changed • Penn Central v. New York • Owners wanted a 50 story office building above the train station • Landmark designation used to block it • Just compensation was NOT required

Takings Clause • Requires “public purpose or use to be defined” • Many cities use for economic development • Poletown neighborhood, Detroit • Kelo v. New London, 2005 • Upheld the taking of land for private development

The Homeless • Johnson v. City of Cincinnati • Drug exclusions zones established • Question was whether the constitutional right of intrastate travel was violated along with first amendment guarantees.

Commerce Clause • Allows Congress to regulate trade • Also prohibits restraint of trade between the states • Garbage from other states

Conclusion • Law is complex • Frustrating at times • Provides framework to function

UST 200 Introduction to Urban Studies