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 although the effort to confer upon cities by constitutional
enactment the power to manage their own affairs has thus far largely
failed, it indicates a growing appreciation of the nature of the problem
and the character of the remedy that must be applied. A more clearly
defined and effective public opinion in favor of municipal
self-government must in the end overcome judicial opposition.
The most liberal interpretation of which these constitutional provisions
are susceptible, however, would not have ensured complete municipal
self-government. Unless a city is given adequate financial powers, a
constitutional grant of the right of local self-government does not
enable it to exercise much choice in relation to the more important
matters of municipal policy. By narrowly limiting the powers of cities
in this direction, they have been largely deprived of the advantages
which they would have enjoyed under a consistent application of the
home-rule principle. A certain amount of freedom in the use of the
taxing power would seem to be no less essential to the city than to the
state itself. Within reasonable limits it ought to be conceded the right
to formulate its own scheme of taxation. In every important American
city the taxes collected for municipal purposes greatly exceed those
imposed for the support of the county and state government. In a matter
which so vitally concerns the city it ought to have some right to pursue
a policy of its own. This right has not been recognized, however, even
in the constitutions which have made most concessions to the principle
of municipal home rule. By this means all innovations or reforms in
municipal taxation except such as may be authorized by the state itself
are effectually prevented. It could not, for instance, exempt personal
property from taxation, or make a tax on ground rent the main source of
its revenue.
The power to incur debt for municipal purposes is no less essential than
the power to tax. The present-day city must spend large sums in making
public improvements the cost of which it is necessary to distribute over
a period of years. To limit too narrowly the borrowing power of cities
for these purposes would prevent them from realizing the full benefits
of unhampered self-government. This does not imply that a city should
own and operate all industries of a quasi-public character, but it does
imply that it should have the unquestioned right and the power to do so.
Unless this is the case it is not in a position to secure the most
favorable terms from such private corporations as may be allowed to
occupy this field. Unreasonable restrictions upon the borrowing power of
cities by placing obstacles in the way of municipal ownership of public
utilities tend to deprive the people of the most effective safeguard
against the extortion of private monopolies.
Public-domain text, read in full here on John Shaqi.
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