Final Exam POLS 207

Where do local communities in the U.S. get their authority to govern?

Local governments get authority from state governments through constitutions or statutes. States, by contrast, have independent authority from the U.S. Constitution and are sovereign within their own borders.

State authority come from...

The people.

The U.S. constitution outlines the basic relationship between the states and national government. It recognizes states as soverign political entities but state suthority does not derive from the national government.

What are local governments?

Subdivisions of state governments (power sharing relationship)

They have NO independent authrouty or inherent powers

Exercise authority delegated by their state.

Unitary relationship.

Dillions Municipal Corporations (1872)

systematic study of local governments and their powers

S.C.O.T.U.S. cities in landmark Hunter v. Pittsburgh (1907) (whether Pittsburgh had the authority to merge cities)

How does Dillon's Rule restrict local government powers?

Dillon's Rule says local governments can only exercise powers explicitly granted by the state, those necessarily implied, or essential to the locality — limiting local flexibility.

What type of interpretation of local gov is Dillion's Rule?

Narrow

Local government have only those powers granted to them by state

Powers must be expressly granted by constitution or law.

Political matter of local governments

Local government enjoy substantial autonomy

- Wariness of one-size fits all solutions

- Tradition of local governance

- Advantage of some local control

States can also greatly restrict local government

- ex. Death-Star Bill a local control bill that restricts the authority of local governments

Localities in the U.S.

- Great diversity of communities (geographic size, population, socioeconomic composition)

- Great diversity in their governing structures (form & organization, powers & responsibilities, method of selecting officials)

- Trends in U.S. local governments & governance (more urban, increased demand for services, increased centralization & professionalization)

2 Functions of local governments

1) Service function

- providing services not offered by private sector ex. police, fire, water, sanitation

2) political function

- questions of Who gets what?

- managing conflict over policy like zoning or passing ordinances

functions frequently overlap

2 Categories of Local governments

1) general purpose

- governments that provide a wide range of services (cities, counties)

2) special purpose

- governments that fulfill a specific purpose (school districts, water districts)

- Most provide a single service

General purpose governments

1) County governments

- Dual role:

-- provide basic services: law enforcement, courts, roads, public health, public records

-- serve as limited administration for state functions, such as vehicle licensing, voter registration, elections

2) Municipal/City Government

- responsible for police, fire, parks, streets, sanitation, welfare & (Sometimes) education

3) Towns & Townships

- differences w/ municipalities not easily defined

- rooted in history, population, and reion of U.S.

Special Purpose Governments

- Usually serve single specific purpose such as: fire-protection, mosquity control, library

- Most common type of gov't but least understood and often least transparent (ghost governments)

- exception: school districts

County Government

Oldest form of U.S. local government

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

- 3-50 members called board/court

- members share responsibility of all county functions NO cheif executive

Other elected or appointed officials: sherrif, constable, tax assessor, etc.

Commission form

a form of municipal government where voters elect a county board of commissioners that fulfills 2 functions

1) legislative: passes ordinances and approved budget

2) executive: hiring and firing control over administrative offices

Council executive form

More centralized variation on county gov't

- Has a county executive or "county mayor" as chief executive

- Board ofCommissioners acts as legislature

Found in ~15% ofU.S. counties

County voters vote for a county board of commisioners (legislative functions and vetos ordinances) and a county executive (appoint departments heads)

Council- Administrative Form

Professionalized variation on county government

- has county administrator who answers to elected commissioners

- commissioners fulfill political function, adminstrator oversees efficient delivery of services

found in ~12 % of U.S. counties

County voters vote for a county board of commissioners (political decisions). appoints and delegates certain executive and legislative funstion to County executive (oversee functioning of county offices)

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 (NOT TX)

Texas's County government

TX counties all use traditional county commission structure

- structure and powers defined by TX constitution

controls land use for unincorporated land

service provider whose biggest expenses are:

- law enforcement (50%)

- roads and bridges (10-30%

- health and welfare (10%)

Local administrator for the state

What does incorporated mean?

Incorporation means it is recognized by the state and has formal government powers.

What is a city?

a municipal corporation

- this status is referenced in language of "incorporated" & "unincorporated" areas

governed by a document called a charter (governing document)

City charter:

- state grants power of self-gov't to incorporated community

- determines structure and powers of city gov't

-- what it may or may not do

- like a "mini constitution"

History of the Municipal Charter

Royal charters granted "town privileges" in feudal Europe. Residents=Burghers (not serfs)

Some constitutional monarchies still use royal charters.

In the U.S. rules for municipal incorporation set by state legislature

Types of municipal charter

1. Special act

2. General act/law

3. Home rule

Special Act Charter

Specific charter for one community granted directly by the state

- once common practice, now relatively rare

Charter given special enactment by legislature

- thus legislative approval also required for any changes

General Act/ Law Charter

- legislature defines size at which an area can choose incorporate

- "one-size-fits-all" city

- municipalities only have powers specifically granted to them by the state;

- state statutes often specify form of gov't

Home Rule Charter

Local community adopts own form of gov't

- Voter approval required for adoption of charter

- Charter amended by local referenda

"Home Rule" cities have inherent powers not granted by state constitution or laws

- May exercise those powers not forbidden by their charters or by the state Like many large & larger U.S. cities,Houston, TX is a home rule city

Cities in Texas

1) general law cities

- smaller cities & limited power of self-government

- powers defined state

2) home rule cities

- cities over 5000 & full power of self-government

Key differences between the city charters

Special Act — A unique charter passed by the state just for one city.

General Law — Cities follow state laws with limited local control.

Home Rule — Cities write their own charter and have broad local authority.

Home Rule Advantages

Reduced legislative interference in city affairs

state legislature can focus on state affairs

democracy, citizen participation, and choice

- may choose form of gov't & local administration

-more control over local gov't policies

Home Rule Disadvantages

Fragmentation of public policy

- a patchwork of local laws

local interest roups may have more influence

frequent amendment of charter can lead to perception of instability

-longer ballots

What form of government does the charter establish?

1) Commission

2) Town meeting

- and representative town meeting

3) council-manager

4) mayor-council

1) Commission

Elected commissioners form small governing board (w/ nominal mayor who presides)

- combined executive & legislative functions

- commissioners often represent departments of city government

May suffer problems of gov't by committee and fight among commissioners

- >1% of all muicipal governments

2) Town meeting

Found largely in New England

- ~5% of municipal goverment

- scaled up in representative town meetings

A form of direct democracy rooted in settler communities

- all voters decide policy

- elected officials called Board of Selectmen implements policy

Despite ideal presented, actual participation may be low

3) Council-Manager

Form of gov't that attempts to seperate political & administrative functions

- elected council makes policy & sets budget

- council appoints city manager to carry out city business

-- manager is a contracted professional hired by city

55% of municipal gov'ts

- common in mid-sized cities

4) Mayor Council

Common in larger cities

- may be best at dealing with problems of major urban areas

- strong opinions, bug actions can galvanize large groups

- ~39% of U.S. cities

Both strong & weak sub-forms

- Key difference: historically, strong form has somtimes been associated w/ political corruption

Strong Mayor Council

Seperation of powers with:

- council = legislative

- mayor = chief executive w/ veto

Mayor has considerable formal powers including:

- adgenda setting power

- manages depts. & daily operations

- appointment & removal powers

- fiscal power over budget

Weak Mayor Council

Council has legislative and executive authority.

Mayor: (elected OR peer selected) limited agenda setting power, limited executive power over city government, and no veto.

Mayor has ceremonial, figurehead role

Difference Between city governments

Commission — Voters elect commissioners who both legislate and run city departments.

Town Meeting — Citizens meet and vote directly on city policies and budgets.

Council-Manager — An elected council sets policy, and a hired city manager runs daily operations.

Strong Mayor-Council — The elected mayor has significant executive powers over the city.

Weak Mayor-Council — The mayor has limited power, and the council shares or controls most authority.

Diversity of municipal governments

Great variation across U.S. communities:

- charters & extent of municipal powers

- organization & forms of local government

- the specific ordinances that govern local affairs

Local Politics & Governance

Important things w/ direct, measurable effects on qualityof life, including:

- Policing, Property, Noise, Sewage treatment, Zoning, Local taxes, Schools, City roads

Still, few actually participate

- Voter turnout is low, especially in off-years

- Disproportionate influence of seniors & middle class voters• Economically prosperous persons w/ more "at stake"!

Nonpartisanship in Local Elections

80% of U.S. local gov'ts have non-partisan elections,including TX municipal gov'ts

As a result:

- Voters lack key electoral cue

- Greater importance of image

- Greater importance of "neighborhood politics"

What matter in local elections

Group identities & interests > partisan identification

- more heterogeneous candidates than state & national races

Who gets what > ideological debates

Issues are more personal

- moral and discal issues can have big impact on turnout

Less media coverage

- especially of non-mayoral races

Key features of local elections

Local elections are often nonpartisan, low turnout, focus on issues like zoning, development, taxes, schools, and public safety.

2 types of local legislative seats

cities may elect council members from either single-member districts or at-large (combo)

Single member districts (ward/precinct)

- city is divided into geographic districts whose residents elect one member to represent them on the council

- better represents diversity that presents geographically

-- important for minority representation due to housing patterns

At large seats

- voted on by all city residents w/o reguard to geographic area or neightborhood

- in theory, these members are expected to be non-partisan, take broad view of the city & its problems

Single Member V. At Large

Single-member districts: One representative per geographic area.

At-large seats: All voters elect multiple council members.

Rationale for "At large" seats

"at large" representatives may not seek to represent everybut but only the people who voted for them (old, white, rich people)

Therfore, efforts to convert single place seat to "at large" seats may be a thinly veiled effort to provide less representation to minorities or the poor

When are local elections held?

1) same time as state and national elections

2) independent of state and national elections (60% of US cities)

Seperate elections separates locla issues from national questions

-but added cost & significantly lower turnout

- turnout is even less representative of the local electorate

What drives local turnout?

Low turnout:

- non-partisan electoral system

- seperate city elections

- small/midsize cities

- middle class

- no referendum issues

- council-manager form of gov

High turnout

- partisan elections (w/ competition)

-elections concurrent w/ national elections

-large diverse cities

- contested referendum issues

- strong mayoral form of gov

Why are local elections so different?

history of "machine politics" in most US cities

machine used tangible benefits and personal, material rewards to maintain power

-friendships, favors, jobs, social services instead of ideologies and issues

-catered to urban masses especially the poor and recent immigrants

Reforming city politics

Progressive reformers wanted to combat civic corruption & break the grip of the machines

- Believed in a public interest, not balancing

- Saw municipal gov't as an administrative problem, NOT a political problem

- Often led by the displaced power-holders of the old Yankee elite

General goals:

- eliminate corruption and replace politicians w/ professionals

Municipal Reforms

goal is to eliminate corruptions, replace politicians with professionals

Electoral reforms:

- non-partisanship

- seperate state & national elections

- at-large districts

Structural reforms:

- seperating politics from administration

- replacing patronage w/ civil service

- reorganizing of local offices

The decline of the machines

1. Loss of constituent's w/ assimilation of white ethnic groups

2. Growth of federal social welfare programs

3. Social mobility & growing prosperity• With it, the spread of middle-class values

4. Structural & electoral reforms weakening party machines

5. General decline of party & rise of candidate-centered politics

Challenges of local parties today

old machine politics:

- strong diciplied parties

- tools to control loyalty of members and voters

-- access to offices

- patronage

- control over contracts

Reform took away many traditional resources used to unite & manage a diverse urban coalition

Parties in U.S. Cities

Roosevelt's "New Deal" electoral coalition (1930s-1960s)

This coalition included many urban groups: working class, ethinic and religious minorities

Though the success of this coalition, democrats dominate city politics

Splits among urban democrats

Democratic coalition is a "big tent"

- working class democratic voters peeled off from democratic coalition

Wedge issues:

- Affirmative action, policing, crime, public spending, health, etc.

Decline of party machines has led to growing intraparty conflict w/in democratic coalition

The GOP and the City

Political opportunities for urban republicans created by:

- persistent big city problems

- perceived democratic "ownership" of said problems

Themes of "city republicans"

- tough on crime

- cutting city bureaucracy

- lower taxes and simu;ating city economy

Post 2016 political realignment on urban-v-rural issues

Is there a gap in government?

In modern societies, metropolitan regions are arguably the most important unit of social and economic life

Metro reions are governed by:

- federal and state governments

- strong tradition of local government

Fundamental mismatch between political geography and social/economic grography

What is a metropolis?

A metropolis is a large, densely populated urban area with economic, social, and cultural hubs; diverse populations; and complex infrastructure.

- hundreds of governments each with political and service functions

-- can create inefficiency and redundancy

What characterizes Metro Life?

1. Population size & density

2. Heterogeneity of population

3. Regional social & economic interdependence

4. Authority fragmented among many gov'ts

metropolis: statistical conceptions

Metropolitan statistical Area (MSA)

- core urban area of 50K people + adjacent communities

Micropolitan Statistical Area (M-PSA)

- smaller core of 10-50K people

Megaregion

- Term for many adjoining MSA & M-PSAs

The problem of Metro Regions

Metro areas are interdependent; problems are regional

- authority is fragmented and not centralized, no gov can address problems

many times freeriding is an issue

- residents not incorporated can enjoy the benefits and contribute to problems

metro geography: suburbs

Suburbs are outlying communities that are primarilyresidential & low-density

"First ring" suburbs were "bedroom communities" for commuters

Drivers of U.S. "suburbanization"

- Middle class expansion

- Transportation revolution & car-dependent living

- Racial, ethno-cultural division

Demography of the City & the Suburbs

Social Class: Traditionally, suburbs = middle class

Race: traditionally, less diversity in the subs

Partisanship: urban core of a metro usually democratic

Lifestyle: suburban "pull factor" (good schools)

Taxes: lower taxes a draw in early suburbs

Managing the Metropolis

Three broad approaches to managing services and shared problems:

1. Regionalism / Reform Perspective:

- Centralizing & consolidating gov'ts & services

2. Localism:

- Local gov'ts stay separate & provide services for own communities

3. Functional consolidation

- Consolidating services but not gov'ts

Regionalist arguments for consolidation

1. Reducing costs w/ economies of scale

2. Suburbanites shouldn't get to free-ride

3. Clear lines of responsibility

Methods of coordination & consolidation

1. Government consolidations

- city-county merger

2. Municipal Annexation

- extension of city boundries over unincorporated areas

3. Councils of Governments

4. Interjurisdictional agreements

Municipal annexation in Texas

TX constitution Amendment (1912)

- Home rule cities had broad power to annex adjoining territory in their extraterritorial jurisdiction

- general law cities required voter consent

Post war growth of suburbs lead concern of annexation abuse

Municipal Annexation Act (1963)

- reasonable limitation imposed to promote orderly growth

Localist Arguments for Fragmentation

1. Locals get to keep unique community identity

2. Decentralization of power

- Locals have more points of access to gov't & more opportunities for effective participation

- Groups can organize & influence local politics

3. Can retain control of funding, especially for schools

Localism & the Tiebout Model

The Tiebout Model is a public choice model of politics

- Gov'ts are producers of public services

- Citizens or residents are consumers

Tiebout Model views fragmented gov't as an opportunity

- Local gov'ts exist in a marketplace

- Gov'ts offer various services for various prices (i.e. tax rates)

- Persons & businesses "vote with their feet" & relocate top referred community

Clear limits to the model:

- Assumptions of mobility, choice, & perfect information

Metro Area Today

increasingly, U.S. metropolitan regions are primary drivers of economic growth

Differences between suburb & urban core residents?

Suburban residents often wealthier, more conservative, and less diverse; urban core residents are typically more diverse, lower-income, and liberal.

What is "flight" and its impact?

"Flight" refers to middle-class, often white, residents leaving cities for suburbs, leading to declining tax bases and urban decay.

Who governs in local communities?

Traditional community elites were (local) mortgage-lending banks, developers, builders, landowners

- shared pro-growth, pro-development consensus

Saving & Loan Crisis (1980s-1990s) led to collapse & consolidation of smaller lenders & firms

Today, national institutions control most econ. resources

Local control of land use

However, land use is still controlled by local gov

- local gov levy taxes and provide services

- general purpose gov also have authroity over land use

New local political elites may have differing ideas about how local gov power should be used

Rise of the political elites

Economic Elites were 'Part-time' politicians

- Used local gov't to promote interests

- i.e. growth & personal wealth

Political Elites are Professional politicians - Motivated by personal ambition

- i.e. power & celebrity

- Lack "pro-growth" consensus

Potential anti-development forces

Middle upper class

- dislike noise, pollution, traffic, ungly buildings

Lower income

- redevelopment may drive residents out

Directly affected homeowners

- NIMBY

What is gentrification?

Gentrification is revitalization of rundown neighborhoods, often displacing low-income residents, causing debate over economic vs. social impacts.

Examples of land-use policies restricting growth?

Examples: Zoning laws, greenbelts, urban growth boundaries.

Consequences: Limited housing supply, higher prices, sprawl.

What is eminent domain?

Eminent domain allows government to take private property for public use with just compensation (5th Amendment).

How did Kelo v. City of New London (2005) change public use?

Pink House: city government wanted to tk residents' properties to then transfer to private developers

The Supreme Court ruled that economic development counts as public use (purpose), expanding the government's power to take property.

Solutions of regionalism v. localism?

Regionalism: Consolidate services, reduce duplication, address regional issues.

Localism: Keep local control, tailor solutions to communities, preserve identity.

What does the Tiebout Model Claim?

The model claims people "shop" for local governments that fit their preferences.

Shortcomings: Not everyone can move freely; ignores income inequality.

Methods used by Metro areas to manage growth and services?

Annexation, interlocal agreements, special districts, regional planning.

How does annexation create conflict? What's Texas's municipal annexation power?

Annexation can upset unincorporated residents who resist city taxes/rules. In Texas, cities traditionally had broad annexation power, but recent laws require more local consent.

Politics of Development

collective benefits for community

- more businesses, services, amenities, economic opportunities

Particular costs borne by some

- airports, pipelines, roads, utilities, wate disposal sites, etc.

Where to grow?: Building "out"

Sprawl refers to the outwards extension of low-density developemnt

Lead-frog development

- developers "skip over" land near current boundry & buy cheap, further out

Flight: wealthier residents leave neighborhoods & move outward

- areas lose consumer spending & tax revenues

Redevlopment & building "up"

Gentrification: neighborhood changes that occur w/ influx of higher income people

Positive effects: restoration of buildings, lower crime, redevelopment

Negative effects: displacement of olderresidents and loss of unique neighborhood culture

Growth restrictions

New emphasis on "smart growth"to create livable (& walk-able)communities w/ less sprawl)

- often muti-use

Policies associated with it:

- zoning laws

- subdivision control

- utility and environmental regulations

-building permits

Zoning

land use regulation designating permited use(s) of land

Often used to preserve "character" of a community

-favors existing residents & businesses

- stops new development from hurting the status quo

Consequences of growth restrictions

Intended, positive consequences:

- Elimination of blight

- Increased property values & taxrevenues for city

- More housing for residents (+ shops,bars, & restaurants)

Common, negative consequences:

- Shortages of affordable housing

- Cost falls on poor, working class,minorities, renters

- - Rents increase, property taxes may become unaffordable

Power of eminent domain

LULUs, unfavorable zoning can hurt property values

- Cities NOT typically required to compensate affected owners

Eminent domain

- Taking of private property for public use by gov't (or adesignated right-of-way agent)

1. Use has to be public

- Traditional public use: infrastructure, roads, utility lines

2. Just compensation must be provided to property owners

Eminent domain in Texas

In TX, "right-of-way" agents have broad powers

- These agents include telecommunication, utility, railroad, orpipeline services companies

- But public use must be public.

TX Constitution, Art 1 (Bill of Rights)

- Sec. 17 on "Takings" (as amended in 2009):..."public use" does not include the taking of property ...for transfer to a private entity for the primary purpose ofeconomic development or enhancement of tax revenues.

Politics of land use

General problem of individual rights & interests v.community interests (& necessities)

- Community needs utilities, infrastructure, etc.

- Each & every individual cannot have full "veto power" overdevelopment & projects they dislike

Costs of development must fall somewhere

- Where do the costs fall?

- Is there equity in where they fall?

-- Which parts of the community can successfully avoid costs(& thus force them on others)?

State Power & Public policy

States have police power

- make laws for the general welfare of their communities

10th amendment clarifies that certain powers are reserved to the states (or the people)

Federal power in these areas comes from:

1) the interstate commerce clause

2) the taxing and spending power

Education & the Role of goverment

Edication is also matter of national interest and import

- narrowly: international competitveness "soft power"

- Broadly: link between education and a free society

-- specifically cited as early as the Northwest Ordinance (1787)

Different ideas of education articulate different versions of the role of the individual in society

Public education in the states

Education is primarily a state & local responsibility

Role of states includes:

- establishing schools & colleges

- developing curricula

-determining enrollment & graduation requirements

- sharing responsibility for funding

The result is great variation at state & local levels in both:

- input: teacher salaries & qualifications, funding, curricula, etc.

- Outputs: dropout & graduations rates, standaridzed testing scores, college readiness, etc.

Federal Involvement in Education

Educational policy closely tracks tends & shifts in federalism

- dual federalism

-- U.S. Office of Education (1867) & early grants in aid

- cooperative federalism

-- National school lunch & milk program (1946)

- centralized federalism

-- elementary & secondary education act (ESEA) (1965)

- new federalism

-- education consolidation & improvement Act (1981)

- Ad hoc federalism: contemporary standards movement

Key governments/agencies in education policy?

State education agencies, local school boards, U.S. Department of Education.

Federal role in education; debate over it?

The federal government provides funding, civil rights protections, and standards (e.g., No Child Left Behind). Debate: states' rights vs. national standards.

Key issues shaping Texas primary/secondary education?

School finance, testing/accountability, bilingual education, curriculum debates (e.g., sex ed, history standards).

Local taxes funding public schools; equity issues?

Primarily property taxes, leading to unequal funding because wealthy areas generate more revenue.