Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Constitutional Protection Against Special Legislation.=--To protect the
cities against special legislation and at the same time to remove the
opportunity which such a practice offers for bribery and the employment
of other improper means to secure special legislation or to prevent it,
when it is not desired, the constitutions of many states contain
provisions absolutely prohibiting the legislature from enacting laws
applying to particular cities except where general laws are
inapplicable. Where such constitutional provisions have been adopted,
the legislatures have frequently evaded them by a system of
classification by which acts are passed applying to all cities within a
class when in reality there may be but a single city in such a class.
And the courts have generally held such acts to be constitutional where
the classifications are not unreasonable.
The New York constitution recognizes that special legislation applying
to larger cities may sometimes be desirable, and instead of forbidding
such legislation absolutely it classifies the cities of the state into
three classes according to population,--New York City, Buffalo, and
Rochester constituting the first class,--and allows the legislature to
enact laws affecting a single city within a class, subject to the
condition that the proposed law must be submitted to the authorities of
the city affected, for their approval, and if disapproved it is void
unless repassed by the legislature. Likewise by recent amendment to the
constitution of Illinois the legislature of the state is allowed to
pass special laws affecting the city of Chicago alone, but such
legislation cannot take effect until it has been approved by the voters
of the city at a general or special election.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account