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
But as Professor Goodnow observes, American cities "have very largely
lost their original powers of local self-government."[161] The original
conception of the city charter as a contract which established certain
rights of local self-government which the legislature was bound to
respect, merely recognized municipal corporations as entitled to the
same exemption from unreasonable legislative interference, as the courts
have since the Dartmouth College decision enforced in favor of private
corporations. If this view had prevailed cities could not have been
deprived arbitrarily of rights once recognized by the legislature, but
they could have enforced the recognition of no rights not thus granted.
The recognition of this doctrine would have prevented many of the abuses
that have characterized the relation between state and municipal
government in this country, but it would have guaranteed no rights which
the legislature had not seen fit to confer. Any liberal interpretation
of the theory of democracy must of necessity go farther than this, and
make municipal self-government a fundamental right which the central
authority of the state can, not only neither abridge nor destroy, but
can not even withhold, since it is a right having its source not in a
legislative grant, but in the underlying principles of popular
government.
The failure to recognize the right of local self-government as
fundamental in any scheme of democracy was unfortunate. Some of the
worst evils of municipal government would have been avoided, however, if
authority once granted to municipalities had been treated by the courts
as a limitation of the power of the legislature to interfere in purely
local matters. The refusal of the state government to recognize an
appropriate sphere of municipal activity which it would have no right to
invade, has been the main cause of corruption and inefficiency in
municipal government.
The policy of state interference in municipal affairs was the inevitable
outgrowth of the doctrine that cities had no powers except such as had
been expressly given, or were necessarily implied in their charters.
This lack of the power of initiative made it necessary for cities, as
they increased in size and complexity, to make constant appeals to the
legislature for permission to supply their wants. Every new problem
which the city had to deal with, every new function which it had to
perform, was a ground for state interference. This necessity of invoking
the aid of the state legislature, constantly felt in every rapidly
growing city, tended to develop a feeling of dependence upon legislative
intervention as an indispensable factor in the solution of local
problems. Thus the refusal of the state government to recognize the
right of municipal initiative compelled the cities to welcome state
interference as the only means of dealing with the new problems with
which they were being continually confronted.
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