The Dual-Faceted Federalism Framework and the Derivative Constitutional Status of Local Governments

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I. Introduction

What is the federal constitutional status of local governments? This question, though capable of succinct and simple articulation, is one that seemingly lacks a similarly short or simple answer. In fact, the question is one that has bedeviled the United States Supreme Court for many years, appearing most frequently - though sometimes only implicitly - in those cases that have grappled with recurring questions of whether particular constitutional restrictions place limitations on the ability of states to freely structure their local governments.1 This grappling has often led to facially inconsistent results.2

One important commentator, Professor Briffault, has …