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
The state of Ohio furnishes a good example of the practical
nullification of a constitutional provision by the legislature through
the abuse of its power of classification. The constitution of 1851
prohibited the legislature from passing any special act conferring
corporate powers and provided for the organization of cities by general
laws. The legislature, however, adopted a method of classifying cities
which defeated the object of this provision. In 1901 each of the eleven
principal cities in the state was in a separate class. Consequently all
laws enacted for each of these classes were in reality special acts, and
as such were clearly an evasion of the constitutional prohibition of
special legislation. Nevertheless, this method of classification had
been repeatedly upheld by the courts. Its advantages to the party in
control of the state government were obvious, since it gave the
legislature a free hand in interfering in local affairs for partisan
ends. It permitted the state machine to make concessions to a city which
gave it political support and at the same time extend state control over
those cities in which it encountered opposition. This was the situation
down to 1902, when the supreme court rendered two decisions which
overthrew the system of classification in vogue and invalidated the
charter of every city in the state. It is unfortunate that this change
in the attitude of the court, though much to be desired, occurred at a
time when it had the appearance of serving a partisan end. One of these
suits was brought by the Republican attorney-general of the state to
have the charter of the city of Cleveland declared invalid on the ground
that it was a special act. This charter had been in force for over ten
years, having granted liberal corporate powers at a time when Cleveland
was a Republican city. Later it passed into the Democratic column, and
this suit was instituted as part of the plan of the Republican machine
of the state to curb the power and influence of the mayor of that city.
The new municipal code which was adopted at an extra session of the
legislature provided a scheme of government applicable to Cleveland
under which the powers of the mayor were much curtailed.
Public-domain text, read in full here on John Shaqi.
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