Governing Partners: State-Local Relations in the United States

By Russell L. Hanson | Go to book overview

and actors that, in the end, is self-defeating. What is needed instead is a willingness to be inventive in finding imaginative solutions that are in keeping with the doctrine. This is a joint state-local task of first magnitude, but a task that is definitely possible.


NOTES
1.
Editor's note: In 1858 the Iowa legislature extended home rule to cities that were formally incorporated before statehood ( McBain 1916b). Missouri's provisions for home rule were the first to appear in a state constitution. Constitutional home rule is more secure than legislative home rule, for obvious reasons.
2.
The history of home rule is best reflected in the pages of the National Civic Review (originally the National Municipal Review), published by the National Municipal League since 1911.
3.
A good discussion of these developments from the perspective of those supporting them can be found in Striking a Better Balance: Federalism in 1972, the fourteenth annual report of the Advisory Commission on Intergovernmental Relations ( Washington, D.C.: Government Printing Office, January 1973), particularly chapters 1 and 5.
4.
For a discussion of dual and cooperative federalism in the past, see Elazar ( 1962), particularly chapter 1.
5.
Adapted from a summary prepared by the National Governors' Conference Center for Policy Research and Analysis, 1975.
6.
See, in particular, Grodzins 1966.
7.
It should be noted that local control in this sense is not necessarily local self- government on the home rule model; it may involve local power in relation to federal and state agencies as much as local instrumentalities.
8.
The key case is "Hunter v. City of Pittsburgh", 207 U.S. 161 ( 1907).
9.
City of Clinton v. Cedar Rapids and Missouri River R.R. Co., 24 Iowa 455, 475. See also Dillon 1911.
10.
Unlike the original corporation charters, however, it did not deal with the problem of local representation in the governing bodies of the state. In an era of ideological commitment to dual federalism, perhaps this could have been expected.
11.
See, for example, People v. Hurlbut, 24 Mich. 24 ( 1871).
12.
It should be noted that Dillon himself indicated his personal preference for endowing local government with real autonomy, and virtually says so in the passage quoted previously, even though his legal judgment was otherwise (erroneously, in this writer's opinion).
13.
The comments of Alexis de Tocqueville on this question, while in places outdated on specifics, remain the best analysis of this attitude. See, in particular, Democracy in America, volume 1, part 1, chapter 5. De Tocqueville himself subscribes to views similar to those of Cooley

-51-

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Governing Partners: State-Local Relations in the United States
Table of contents

Table of contents

  • Title Page v
  • Contents vii
  • Tables and Figures ix
  • Preface xi
  • 1 - The Interaction of State and Local Governments 1
  • 2 - The Intergovernmental Setting of State-Local Relations 17
  • Notes 36
  • 3 - State-Local Relations: Union and Home Rule 37
  • Notes 51
  • 4 - Emerging Trends in State-Local Relations 53
  • Notes 74
  • 5 - The Politics of State-Local Fiscal Relations 75
  • 6 - Partners for Growth: State and Local Relations in Economic Development 93
  • Notes 106
  • 7 - The State-Local Partnership in Education 109
  • Notes 137
  • 8 - Environmental Regulation and State-Local Relations 139
  • Notes 159
  • 9 - Untidy Business: Disaggregating State-Local Relations 161
  • 10 - The Politics of State Health and Welfare Reforms 177
  • Notes 198
  • References 199
  • About the Editor 213
  • About the Contributors 215
  • Index 217
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