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
In the New York constitution of 1894 an effort was made to guard against
the abuse of special legislation. The cities of the state were by the
constitution itself divided into three classes according to population,
and any law which did not apply to all the cities of a class was
declared to be a special act. Special legislation was not prohibited;
but when any act of this kind was passed by the legislature it was
required to be submitted to the authorities of the city or cities in
question, and if disapproved of by them after a public hearing, it could
become law only by being passed again in the regular manner. This merely
afforded to the cities affected by the proposed special legislation an
opportunity to protest against its enactment, the legislature having
full power to pass it in the face of local disapproval. That this is not
an adequate remedy for the evils of special legislation is shown by the
fact that the two charters of New York City enacted since this
constitution went into effect, have both been framed by a
state-appointed commission and passed over the veto of the mayor.
The constitutional changes which have been mentioned must not be
understood as implying any repudiation of the doctrine that a municipal
corporation is a creature of the general government of the state. These
provisions merely secured, or rather sought to secure, to cities some
benefits of a negative character--immunity from certain recognized
abuses of legislative authority. They are the expression of an effort to
find a remedy for the evils of municipal government by restricting the
authority of the legislature rather than by giving cities the power to
act independently in local matters. They have diminished somewhat the
evils of state interference, but they failed to remove the cause by
giving the cities the constitutional right to control their own affairs.
The failure of all these measures to accomplish what was expected of
them finally brought the advocates of municipal reform to a realization
of the fact that the American system made no provision for real local
self-government, and that our refusal to recognize this principle was
the chief cause of the prevalent corruption and misrule of our cities
and the insuperable obstacle to all effective and thoroughgoing reform.
As soon as attention was directed to this feature of the problem it was
seen that no system could be devised that would be better adapted to the
purpose of defeating the end of good city government, since those who
would be directly benefited by the reforms in municipal government were
powerless to bring them about except with the co-operation of the
legislature. Moreover the consent of the legislature, though once given,
was liable at any time to be withdrawn at the instigation of private or
partisan interests, since this body was not directly interested in
establishing and maintaining good municipal government nor responsible
to those who were.
Public-domain text, read in full here on John Shaqi.
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