State and Local Government — O’Donnell – FALL 2012
THEORY OF LOCAL GOVERNMENT
A. Heart of matter is the relationship between state and local government
1. Why government?
· Provides protection and services
2. What should local, state, and federal governments do?
3. Way to think about it is to make up your own mind, set out all functions of
government and then attack them.
B. Basic Concepts
1. Public Choice Theory (pg. 6)
· Public officials act in their self interest and there self interest is to stay elected
· Problem is that it becomes the majority who is represented
· In political life you get the full spectrum of humans (idiots, smart people, etc.)
2. Communitarianism
· Individual interests are synonymous with the interests of the whole
· Decisions should be made on perspective of what’s good for the whole community
· Individual does not focus on what’s best for them
3. Facts of PA
· State constitution lays out structure and role of local governments
· County, municipality, and school district (every one citizen is a citizen of each)
· Municipalities are always classified by size
· All local governments have a defined area
4. Federal Perspective
· Federal Constitution doesn’t consider local governments
· Only way federal constitution really comes into play is by claim by individual
Chapter 1: Theoretical Perspectives on the Functions of Local Government
A. The Perspective From Politics
I. John Stuart Mill, Considerations on Representative Government
a. Proper attributions of local bodies, question broken into two parts:
i. What should be their duties; and
ii. Whether they should have full authority within the sphere of
those duties or should be liable to any, and what, interference
on the part of the central government
b. Prisons/jails, local police, local administration of justice – paid for from local funds but cannot be said to be matters of local, as distinguished from national importance.
c. How far should local authorities be trusted with discretionary power?
i. must consider what the capacity for work, and security against
negligence or abuse.
d. National or central authorities are much more qualified, intelligent, and
will care more than local authorities and citizens
From Class
· Take all things that are truly of national importance but are really best implanted at local
II. Alexis DeTocqueville, Democracy in America
a. Two types of centeralization:
i. governmental
ii. administrative
b. America only has governmental centralization
c. In all the American Republics, central government only occupied with a small number of matters important enough to attract its attention
From Class
· If have someone who is elected and rules right down to the local gov’t, then you’ll have tyranny
III. Hannah Arendt, On Revolution
a. Basically saying, revolution placed the freedom in the representatives,
they get to express, discuss, and decide.
b. Scheme does not give all individuals opportunity to act as citizens
From Class
· Favors little republics –
· She says root of corruption is people themselves, and when not checked, you have real danger
· Jefferson’s solution is periodic revalution
IV. Nancy Rosenblum, Membership and Morals
a. The impetus to exclusion is mainly but not solely fiscal
b. The multiplication of cities is the result of incorporation
initiatives by residents or landowners brought for pragmatic
self-regarding, usually defensive reasons
From Class
· Mt. Laural cases introduce idea that foks who are affected should have some role
· Local gov’ts are defined by being exclusive
V. James Madison, Federalist #10
a. Two methods of curing mischiefs of factions:
i. removing its causes (this does not work)
1. by destroying liberty
2. giving to everyone the same opinions
ii. Controlling its effects:
this works
ou have to say it wasn’t fair, cons,
DEFINING THE COMMUNITY
A. Restricting Activities in the Community
1. Rule: The power of local governments to control and zone land use is
undoubtedly broad and its proper exercise is an essential aspect of achieving
a satisfactory quality of life in both urban and rural communities. But, when infringing upon a protected liberty, zoning must be narrowly drawn and further
a substantial government interest.
2. Schad – local ordinance banning all live entertainment unconstitutionally overbroad under the first and fourteenth
· Intent is to ban certain types of expression – targeted stripping
· This ban is going far past and outside of traditional zoning usages: regulating traffic, limiting noise, etc.
3. Barnes – Secondary effects – include study into the record
· Wider latitude to restrict through police power
4. City of Los Angeles – Court upheld ordinance that prohibited establishment or maintenance of more than one adult entertainment business in the same building.
· The city had enacted the ordinance in an effort to reduce crime after a study that it conducted concluded that concentrations of adult businesses are associated with higher crime rates – the ordinance was reasonably directed at the reduction in crime, in which government has a substantial interest.
5. State of Oregon v. City of Ranjeeshpuram – went wrong by trying to incorporate as a religion.
6. Board of Education of Kiryas v. Grumet – tried to create school district
· Can you do line drawing? Yes – but if it’s drawn in a specific way, then will look suspicious
· By broadening it, and not narrowly defining it, then you can have acceptable purpose
7. Tenafly Eruv – How do you save this? – don’t allow any posting on telephone poles.
