Weeks 14 15 Local Government

Weeks 14 15 Local Government - Weeks 14 15 Local Government...

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Weeks 14 & 15 Chapter 21 Since the founding of our country, Self-government has been valued and encouraged by our Constitution. Although the Constitution does not make direct mention of Local Governments, the notion that local governments have fundamental rights based on the concept of local sovereignty, legitimizes their existence. * Municipalities – this word will be used interchangeably with Local Government, County, City or Township ( in this chapter) Local Governments are “creatures of their states” That is, they were created by their states. AND The Authority they have is given them by their states. This concept has given birth to the Unitary System of government. [SLIDE 1 ] T his word is one you’ve read about in past chapters…… Unitary System Constitutional arrangement whereby authority rests with the central government; regional governments have only those powers given them by the central Government. In this case The Constitution refers to the State Constitution and the Central Government refers to the State. Another Term you should have read about already is the term Dillons Rule. 1
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[ SLIDE 2]- TAB Dillon’s Rule The Principle holding that local governments are creations of the state government and that their powers and responsibilities are defined by the state. In 1868 an Iowa Judge by the name of John F. Dillon, took the interpretation of Unitary System as supported by the Constitution and applied it as a matter of law that Municipal Corporations derive their powers and rights wholly from the state legislature. The States have the authority to grant powers to the local governments and remove them. - In Texas, it is the dominant theory defining the relationship between the local (Cities/ municipalities, Counties, Towns) and the state of Texas. With that said, many states, like Texas have granted their larger cities the ability to choose their OWN form of Government. Through a provision called Home Rule . [ TAB ] Home Rule City : Is a city with a population of more than 5,000, which can adopt any form of government residents choose provided it does not conflict with the states constitution or statutes. [ TAB ]
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Weeks 14 15 Local Government - Weeks 14 15 Local Government...

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