POLS 207 Local Political Systems

Local governments in the US political system

• the us constitution outlines the basic relationship between states and national government

• it recognizes states as sovereign political entities

  • state authority does not derive from the national government

  • state authority comes from the people

• but it contains no mention of local government!

  • not even for washington dc

  • what about the 90000+ local governments in the US

What exactly are local governments

• local governments are subdivisions of state governments

  • no independent authority

  • no inherent powers

• These political subdivisions exercise authority delegated by their state government

• the relationship between state and local government is unitary

Dillon’s Rule

Municipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control.

John Dillon, Clinton v. Cedar Rapids & the Missouri River Railroad (1868)

• Dillon’s Municipal Corporations (1872)

• Systematic study of local governments & their powers

• S.C.O.T.U.S. cites in landmark Hunter v. Pittsburg (1907)

The status of local governments

Dillons rule sets out a narrow interpretation of local authority

• local governments have only those powers granted to them by state

• powers must be expressly granted by constitution or by law

As a political matter, however, local governments may enjoy substantial autonomy

• wariness of one-size-fits-all solutions

• tradition of local governance

  • especially true in some regions

• Advantage of some local control

• But as a political matter, states can also greatly restrict

  • e.g. Death Star Bill

    • TX attempt to rein in its Blue cities via a broad local-control bill

Localities in the US

Great diversity in communities

• in terms of their geographic size, population, and socioeconomic composition

Great diversity in their governing structures

• form and organization

• powers and responsibilities

• method of selecting officials

Trends in US local governments and governance

Two Functions of Local Governments

Service Function

• providing services not offered by private sector

  • i.e. market failure, natural monopolies, merit goods

Political function

• questions of who gets what

• managing conflict over public policy

Functions frequently overlap

• who gets high-quality services vs. who gets low-quality services

Two general categories of local governments

General Purpose

• governments that provide wide range of services

Special Purpose

• governments that fulfill specific purpose

• most provide a single service

General Purpose Governments

County Gov’ts (~3,000 in U.S; 254 in TX)

• In Texas counties have a dual role:

  • Provide basic services, such as law enforcement, courts, roads, public health, public records

  • Serve as limited administrator for state functions, such as vehicle licensing, voter registration, elections

Municipal / City Gov’t (~19,500 in U.S; 1,225 in TX)

• Responsible for police, fire, parks, streets, sanitation, welfare & (sometimes) education

Towns & townships (~16,000 in U.S.)

• Differences w/ municipalities not easily defined

• Rooted in history, population, region of U.S…

Special Purpose governments

Special Districts

• Usually serve single specific purpose, such as:

• e.g. fire-protection, mosquito- control, MUD, parks, library

• Most common type of gov’t, but least understood & often least transparent!

• Exception: School Districts

• U.S: ~12,500 ISDs + ~39,500 others

• TX: 1,070 ISDs & 2,984 others

Country Government in the US

• Oldest form of U.S. local government

• Traditional form is body of commissioners w/ both legislative & executive power

• ~3-50 members, called a board, court, etc.

• Members usually share general responsibility of all county functions---NO chief executive!

• Other elected or appointed officials:

• Sheriff

• Constable

• County clerk

• County attorney

• Tax assessor

• Treasurer

• Auditor

• Health officer

• Coroner

• Library board

Commission Form

Council Executive Form

• more centralized variation on county government

  • has a county executive or “county mayor” as chief executive

  • Board of commissioners act as legislature

• Found in ~15% of US counties

Commission-Administrator Form

• Professionalized variation on county gov’t

• Has county administrator who answers to elected commissioners

• Commissioners fulfill political function, administrator oversees efficient delivery of services

• Found in ~12% of U.S. counties

Other Institutional Variations

• Some states permit counties more autonomy from state

• County residents may adopt a charter that allows them a unique form of organization

• 37 states allow ”home rule” counties

• Only ~9% of U.S. counties are home rule counties

County Government in Texas

TX counties all use traditional county commission structure (regardless of size, population)

• Structure & powers defined by TX Constitution

  • Commissioners’ Court w/ 4 elected commissioners

  • + county judge (w/ some executive functions)

Controls land use for unincorporated land

Service-provider whose biggest expenses are:

• Law enforcement, including courts & jails (~50%)

• Roads & bridges (10-30%)

• Health & welfare (~10%)

Local administrator for the state