Urban Government Evolution of Federal Urban Policy II

Overview Federalism Revisited Basic Concerns of Federal Urban Policy

Anti-Federal Bias Federalism revisited –10th Amendment

Federalism National Government State Government

Federalism National Government State Government Specific (Enumerated) Powers Implied Powers Inherent Powers

Federalism National Government State Government Enumerated Powers: Powers specifically granted to national government (Art. I, Section 8 mostly)

Federalism National Government State Government Implied Powers: Powers not directly expressed but held to derive from enumerated powers

Federalism National Government State Government Inherent Powers: Powers based in international law and the basic definition of a sovereign nation

Federalism National Government State Government Specific (Enumerated) Powers Implied Powers Inherent Powers Reserved Powers

Federalism National Government State Government Specific (Enumerated) Powers Implied Powers Inherent Powers Reserved Powers: Derived from 10th Amendment

Federalism National Government State Government Specific (Enumerated) Powers Implied Powers Inherent Powers Reserved Powers CONCURRENTCONCURRENT

Federalism National Government State Government Specific (Enumerated) Powers Implied Powers Inherent Powers Reserved Powers CONCURRENTCONCURRENT Powers shared by both levels of Government

Cities and Federalism Note, cities have no constitutional standing Local governments are created by and regulated by the states. This means that to speak about cities or other forms of local government in the United States is to speak about fifty different legal and political situations. Dillon’s Rule

The states outline the powers of municipal governments in charters. There may be: –special or specific charters; –general or classified charters (in which the rules may apply to a class of cities, often grouped by population size); or –home rule charters.

Dillon’s Rule The first part of Dillon’s Rule states that local governments have only three types of powers: –those granted in express words, –those necessarily or fairly implied in or incident to the powers expressly granted, and –those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.

Dillon’s Rule The second part of Dillon’s Rule states that if there is any reasonable doubt as to whether a power has been conferred on a local government, then that power has NOT been conferred. This is the rule of strict construction of local government powers. Local and City governments, then, are little more than “wards of the state.”

Federal Government & The City Strong bias in favor of state control over federal control States tended to favor rural over urban areas

Aims of Federal Policy: 1 1.Coordination of urban service delivery Transportation networks

Aims of Federal Policy: 1 Land use planning

Aims of Federal Policy: 1 “Quality of Life” –measures that make living in most parts of the city safe and attractive

Aims of Federal Policy: 2 2. Promote health and welfare of citizens by controlling hazards of city life

Aims of Federal Policy: 3 Opportunities for poor: housing, jobs, etc.