The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
Under any consistent application of the theory of democracy a city would
be entitled to the fullest measure of local self-government. It ought to
be given an absolutely free hand to initiate and carry out any policies
of purely local concern. This right, however, the American city does not
possess. Local self-government is recognized neither in theory nor in
practice under our political scheme. The true local unit is the city,
and this, according to our legal and constitutional theory, is merely
the creature of the state legislature. The latter called it into being,
determines what powers it may exercise, and may strip it of them at
pleasure. According to the prevailing practice of our state legislatures
and the almost uniform decisions of our courts the exercise of local
self-government by our cities is to be regarded as a mere privilege and
not a right.
The municipal charter was originally a grant of certain privileges of
local government in return for money payments or other services rendered
to the king. It was a mere concession of privileges based upon
expediency, and not a recognition on the part of the Crown of local
self-government as an admitted right. As an express and formal statement
of the measure of local government which the king would bind himself to
respect, it tended to limit his power of interference in matters covered
by such charter, since privileges solemnly granted could not with safety
be lightly and arbitrarily disregarded. Municipal charters thus have the
same origin as the constitution of the state itself, in that they are
the outcome of an effort to place a check upon an irresponsible central
authority.
The legislature of the American commonwealth in succeeding to the power
of the king over municipal charters manifested at first an inclination
to concede to the city the right to a measure of local self-government.
Thus "the city of New York received from the English kings during the
colonial period a charter which, on the Declaration of the Independence
of the colony of New York, and the establishment of the new state of New
York, was confirmed by the first Constitution of the state. For a
considerable period after the adoption of this constitution, changes in
that charter were made upon the initiation of the people of the city,
which initiation took place through the medium of charter conventions
whose members were elected by the people of the city, and no statute
which was passed by the legislature of the state relative to the affairs
of the city of New York took effect within the city until it had been
approved by the city."[160]
Public-domain text, read in full here on John Shaqi.
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