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Thanh Vu Thien Nguyen
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Political Science
October 7, 2019.
Texas
The local states have not been talked about in the American constitution. The tenth amendment, however, reserves power with the states and not with the local governments. It comes with no surprise that considering the diverse nature of affairs among states and local governments, there exists dynamism between the nature of relations between states and local governments. The constitution of United States being a sole document remains supreme over the fifty different kinds of political entities which are the domestic governments ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"66i83Rll","properties":{"formattedCitation":"({\\i{}Cities 101 -- Delegation of Power})","plainCitation":"(Cities 101 -- Delegation of Power)","noteIndex":0},"citationItems":[{"id":650,"uris":["http://zotero.org/users/local/pCT5fGyt/items/S4RUAWL8"],"uri":["http://zotero.org/users/local/pCT5fGyt/items/S4RUAWL8"],"itemData":{"id":650,"type":"webpage","title":"Cities 101 -- Delegation of Power","abstract":"Background The Constitution of the United States does not mention local governments. Instead, the Tenth Amendment reserves authority-giving powers to the states. It is not surprising, then, that there is a great diversity in state-local relations between, as well as within, states. This means that to speak of local government in the United States is to speak of more than fifty different legal and political situations. The state municipal leagues can provide information about the charters that each state constitution has adopted. Types of Authority Given Political power in a state can be divided into three spheres: the local government, the state government and the functions that the two governments share. Within the local sphere, there are four categories in which the state allows discretionary authority: Structural -- power to choose the form of government, charter and enact charter revisions Functional -- power to exercise local self-government in a broad or limited manner Fiscal -- authority to determine revenue sources, set tax rates, borrow funds and other related financial activities Personnel -- authority to set employment rules, remuneration rates, employment conditions and collective bargaining Typically, the broadest discretionary powers are applicable to local government structure, and the narrowest are given to finance. Also, local governments endowed with discretionary authority may not always exercise it; for example, the adoption or amendment of a local government's municipal charter is infrequent. Narrow Government Authority: Dillon's Rule Dillon's Rule is derived from the two court decisions issued by Judge John F. Dillon of Iowa in 1868. It affirms the previously held, narrow interpretation of a local government's authority, in which a substate government may engage in an activity only if it is specifically sanctioned by the state government. Dillon's Rule was challenged by Judge Thomas Cooley of the Michigan Supreme Court in 1871, with the ruling that municipalities possess some inherent rights of local self-government. Cooley's Rule was followed for a short time by courts in Indiana, Iowa, Kentucky and Texas until the U.S. Supreme Court upheld Dillon's Rule in 1907 (Hunter v. City of Pittsburgh) and again in 1923. Since then, the following tenets have become a cornerstone of American municipal law and have been applied to municipal powers in most states: A municipal corporation can exercise only the powers explicitly granted to them Those necessarily or fairly implied in or incident to the powers expressly granted Those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable State constitutions vary in the level of power they grant to local governments. However, Dillon's Rule states that if there is a reasonable doubt whether a power has been conferred to a local government, then the power has not been conferred. Broad Government Authority: Home Rule The ability of local governments to respond effectively to local conditions in the late 1800s was severely limited by Dillon's Rule; no local action could be undertaken without permission from the state legislature, which only met for short, biennial sessions. As such, Dillon's Rule generally requires that local officials spend a considerable amount of time lobbying the state legislature to approve bills granting local authority and disapprove bills imposing restrictions on them. The inflexibility of this system is the reason that many states began to adopt \"home rule\" provisions in the early 1900s that conferred greater authority to their local governments. Home rule is a delegation of power from the state to its sub-units of governments (including counties, municipalities, towns or townships or villages). That power is limited to specific fields, and subject to constant judicial interpretation, but home rule creates local autonomy and limits the degree of state interference in local affairs. The powers and limits of home rule authority for local governments are defined state-by-state. State provisions for home rule can be defined by each state's constitution and/or statutes enacted by its legislature. Not all cities make use of the discretionary powers of home rule that are provided by their charter. Functional powers are the most frequently used and expanded. Sources ABC-CLIO, The Urban Politics Dictionary, Santa Barbara, CA: ABC-CLIO, 1990. Florida League of Cities, Inc. \"Understanding Florida's Home Rule Powers for Cities and Counties.\" Accessed March 22, 2011.http://www.flcities.com/membership/home_rule_history.asp Krane, Dale, Platon Rigos, & Melvin B. Hill, Jr. Home Rule in America: A Fifty-State Handbook. Washington, D.C.: CQ Press, 2001. Richardson, Jesse J. Is Home Rule the Answer? Clarifying the Influence of Dillon's Rule on Growth Management. Washington, D.C.: Brookings Institution, January 2003. Russell, Hon. John D., Bostrom, Aaron, “Federalism, Dillion Rule and Home Rule,” The American City County Exchange, January 2016. United States Advisory Commission on Intergovernmental Relations. \"Measuring Local Discretionary Authority. M-131.\" Washington, DC: U. S. Advisory Commission on Intergovernmental Relations, 1981. United States Advisory Commission on Intergovernmental Relations. \"State Laws Governing Local Government Structure and Administration. M-186.\" Washington, DC: U. S. Advisory Commission on Intergovernmental Relations, 1993. Writ, Clay L. \"Dillon's Rule.\" Virginia Town & City. 24(8) (1989): 12-15.","URL":"https://www.nlc.org/resource/cities-101-delegation-of-power","language":"en","accessed":{"date-parts":[["2019",10,7]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cities 101 -- Delegation of Power). In May of 2017, Texas government allowed the two ride-hailing companies Uber and Lyft to resume their operations, while citing this as “freedom for every Texan”. Prior to this, the two companies argued against the local laws, which they believe impact negatively on their business models. Those laws required a permit from the Texas Department of Licensing which was projected to be around $5,000 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"vsY673he","properties":{"formattedCitation":"({\\i{}Cities 101 -- Delegation of Power})","plainCitation":"(Cities 101 -- Delegation of Power)","noteIndex":0},"citationItems":[{"id":650,"uris":["http://zotero.org/users/local/pCT5fGyt/items/S4RUAWL8"],"uri":["http://zotero.org/users/local/pCT5fGyt/items/S4RUAWL8"],"itemData":{"id":650,"type":"webpage","title":"Cities 101 -- Delegation of Power","abstract":"Background The Constitution of the United States does not mention local governments. Instead, the Tenth Amendment reserves authority-giving powers to the states. It is not surprising, then, that there is a great diversity in state-local relations between, as well as within, states. This means that to speak of local government in the United States is to speak of more than fifty different legal and political situations. The state municipal leagues can provide information about the charters that each state constitution has adopted. Types of Authority Given Political power in a state can be divided into three spheres: the local government, the state government and the functions that the two governments share. Within the local sphere, there are four categories in which the state allows discretionary authority: Structural -- power to choose the form of government, charter and enact charter revisions Functional -- power to exercise local self-government in a broad or limited manner Fiscal -- authority to determine revenue sources, set tax rates, borrow funds and other related financial activities Personnel -- authority to set employment rules, remuneration rates, employment conditions and collective bargaining Typically, the broadest discretionary powers are applicable to local government structure, and the narrowest are given to finance. Also, local governments endowed with discretionary authority may not always exercise it; for example, the adoption or amendment of a local government's municipal charter is infrequent. Narrow Government Authority: Dillon's Rule Dillon's Rule is derived from the two court decisions issued by Judge John F. Dillon of Iowa in 1868. It affirms the previously held, narrow interpretation of a local government's authority, in which a substate government may engage in an activity only if it is specifically sanctioned by the state government. Dillon's Rule was challenged by Judge Thomas Cooley of the Michigan Supreme Court in 1871, with the ruling that municipalities possess some inherent rights of local self-government. Cooley's Rule was followed for a short time by courts in Indiana, Iowa, Kentucky and Texas until the U.S. Supreme Court upheld Dillon's Rule in 1907 (Hunter v. City of Pittsburgh) and again in 1923. Since then, the following tenets have become a cornerstone of American municipal law and have been applied to municipal powers in most states: A municipal corporation can exercise only the powers explicitly granted to them Those necessarily or fairly implied in or incident to the powers expressly granted Those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable State constitutions vary in the level of power they grant to local governments. However, Dillon's Rule states that if there is a reasonable doubt whether a power has been conferred to a local government, then the power has not been conferred. Broad Government Authority: Home Rule The ability of local governments to respond effectively to local conditions in the late 1800s was severely limited by Dillon's Rule; no local action could be undertaken without permission from the state legislature, which only met for short, biennial sessions. As such, Dillon's Rule generally requires that local officials spend a considerable amount of time lobbying the state legislature to approve bills granting local authority and disapprove bills imposing restrictions on them. The inflexibility of this system is the reason that many states began to adopt \"home rule\" provisions in the early 1900s that conferred greater authority to their local governments. Home rule is a delegation of power from the state to its sub-units of governments (including counties, municipalities, towns or townships or villages). That power is limited to specific fields, and subject to constant judicial interpretation, but home rule creates local autonomy and limits the degree of state interference in local affairs. The powers and limits of home rule authority for local governments are defined state-by-state. State provisions for home rule can be defined by each state's constitution and/or statutes enacted by its legislature. Not all cities make use of the discretionary powers of home rule that are provided by their charter. Functional powers are the most frequently used and expanded. Sources ABC-CLIO, The Urban Politics Dictionary, Santa Barbara, CA: ABC-CLIO, 1990. Florida League of Cities, Inc. \"Understanding Florida's Home Rule Powers for Cities and Counties.\" Accessed March 22, 2011.http://www.flcities.com/membership/home_rule_history.asp Krane, Dale, Platon Rigos, & Melvin B. Hill, Jr. Home Rule in America: A Fifty-State Handbook. Washington, D.C.: CQ Press, 2001. Richardson, Jesse J. Is Home Rule the Answer? Clarifying the Influence of Dillon's Rule on Growth Management. Washington, D.C.: Brookings Institution, January 2003. Russell, Hon. John D., Bostrom, Aaron, “Federalism, Dillion Rule and Home Rule,” The American City County Exchange, January 2016. United States Advisory Commission on Intergovernmental Relations. \"Measuring Local Discretionary Authority. M-131.\" Washington, DC: U. S. Advisory Commission on Intergovernmental Relations, 1981. United States Advisory Commission on Intergovernmental Relations. \"State Laws Governing Local Government Structure and Administration. M-186.\" Washington, DC: U. S. Advisory Commission on Intergovernmental Relations, 1993. Writ, Clay L. \"Dillon's Rule.\" Virginia Town & City. 24(8) (1989): 12-15.","URL":"https://www.nlc.org/resource/cities-101-delegation-of-power","language":"en","accessed":{"date-parts":[["2019",10,7]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cities 101 -- Delegation of Power). The departments also required from the companies to maintain a check overdrives by timely providing the state authorities with their criminal backgrounds.
Prior to the decision made by a competent court, the local government recommended such laws, which were in sharp contrast to the business models of the ride-hailing companies. The domestic government recommended such change in laws pertaining to their domestic conditions, which they believed required such adjustments. Prior to Texas, the local government in Houston made such amendments in their laws, which forced Lyft to stop their operations. In Texas, both Lyft and Uber immediately suspended their operations with the enactment of such laws. A ballot over this issue helped judge the public opinion which largely opposed such changes in the local laws ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"F8lXvqqV","properties":{"formattedCitation":"(Tribune and Samuels, \\uc0\\u8220{}Uber, Lyft Return to Austin as Texas Gov. Abbott Signs Ride-Hailing Measure into Law\\uc0\\u8221{})","plainCitation":"(Tribune and Samuels, “Uber, Lyft Return to Austin as Texas Gov. Abbott Signs Ride-Hailing Measure into Law”)","noteIndex":0},"citationItems":[{"id":651,"uris":["http://zotero.org/users/local/pCT5fGyt/items/89SYIXCG"],"uri":["http://zotero.org/users/local/pCT5fGyt/items/89SYIXCG"],"itemData":{"id":651,"type":"webpage","title":"Uber, Lyft return to Austin as Texas Gov. Abbott signs ride-hailing measure into law","container-title":"The Texas Tribune","abstract":"Gov. Greg Abbott signed into law a measure to regulate ride-hailing companies, establishing a statewide framework to regulate businesses such as Uber and Lyft.","URL":"https://www.texastribune.org/2017/05/29/texas-gov-greg-abbott-signs-measure-creating-statewide-regulations-rid/","language":"en","author":[{"family":"Tribune","given":"The Texas"},{"family":"Samuels","given":"Alex"}],"issued":{"date-parts":[["2017",5,29]]},"accessed":{"date-parts":[["2019",10,7]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Tribune and Samuels, “Uber, Lyft Return to Austin as Texas Gov. Abbott Signs Ride-Hailing Measure into Law”). However, House Bill 100 undoes the law which was brought in place by the local governments. It shows the power of state legislature to undo the laws made by local government. Since the state authorities make laws depending upon the requirement at place of each citizen, which the local government avoids in majority legislators, therefore, the state level of government should have a final say about regulations on ride-sharing companies.
In law and politics, home rule is defined as the right of the citizens of a place to govern themselves. Home Rule has been the basic principle underlying all colonial revolutions. The Home rule is based on the perception that people who identify as part of the same group want to make their own rules and resent the interference of others. In the United States, Home rule refers to the authority of a constituent part within the territory of the US ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"sYDjHWuC","properties":{"formattedCitation":"({\\i{}Cities 101 -- Delegation of Power})","plainCitation":"(Cities 101 -- Delegation of Power)","noteIndex":0},"citationItems":[{"id":650,"uris":["http://zotero.org/users/local/pCT5fGyt/items/S4RUAWL8"],"uri":["http://zotero.org/users/local/pCT5fGyt/items/S4RUAWL8"],"itemData":{"id":650,"type":"webpage","title":"Cities 101 -- Delegation of Power","abstract":"Background The Constitution of the United States does not mention local governments. Instead, the Tenth Amendment reserves authority-giving powers to the states. It is not surprising, then, that there is a great diversity in state-local relations between, as well as within, states. This means that to speak of local government in the United States is to speak of more than fifty different legal and political situations. The state municipal leagues can provide information about the charters that each state constitution has adopted. Types of Authority Given Political power in a state can be divided into three spheres: the local government, the state government and the functions that the two governments share. Within the local sphere, there are four categories in which the state allows discretionary authority: Structural -- power to choose the form of government, charter and enact charter revisions Functional -- power to exercise local self-government in a broad or limited manner Fiscal -- authority to determine revenue sources, set tax rates, borrow funds and other related financial activities Personnel -- authority to set employment rules, remuneration rates, employment conditions and collective bargaining Typically, the broadest discretionary powers are applicable to local government structure, and the narrowest are given to finance. Also, local governments endowed with discretionary authority may not always exercise it; for example, the adoption or amendment of a local government's municipal charter is infrequent. Narrow Government Authority: Dillon's Rule Dillon's Rule is derived from the two court decisions issued by Judge John F. Dillon of Iowa in 1868. It affirms the previously held, narrow interpretation of a local government's authority, in which a substate government may engage in an activity only if it is specifically sanctioned by the state government. Dillon's Rule was challenged by Judge Thomas Cooley of the Michigan Supreme Court in 1871, with the ruling that municipalities possess some inherent rights of local self-government. Cooley's Rule was followed for a short time by courts in Indiana, Iowa, Kentucky and Texas until the U.S. Supreme Court upheld Dillon's Rule in 1907 (Hunter v. City of Pittsburgh) and again in 1923. Since then, the following tenets have become a cornerstone of American municipal law and have been applied to municipal powers in most states: A municipal corporation can exercise only the powers explicitly granted to them Those necessarily or fairly implied in or incident to the powers expressly granted Those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable State constitutions vary in the level of power they grant to local governments. However, Dillon's Rule states that if there is a reasonable doubt whether a power has been conferred to a local government, then the power has not been conferred. Broad Government Authority: Home Rule The ability of local governments to respond effectively to local conditions in the late 1800s was severely limited by Dillon's Rule; no local action could be undertaken without permission from the state legislature, which only met for short, biennial sessions. As such, Dillon's Rule generally requires that local officials spend a considerable amount of time lobbying the state legislature to approve bills granting local authority and disapprove bills imposing restrictions on them. The inflexibility of this system is the reason that many states began to adopt \"home rule\" provisions in the early 1900s that conferred greater authority to their local governments. Home rule is a delegation of power from the state to its sub-units of governments (including counties, municipalities, towns or townships or villages). That power is limited to specific fields, and subject to constant judicial interpretation, but home rule creates local autonomy and limits the degree of state interference in local affairs. The powers and limits of home rule authority for local governments are defined state-by-state. State provisions for home rule can be defined by each state's constitution and/or statutes enacted by its legislature. Not all cities make use of the discretionary powers of home rule that are provided by their charter. Functional powers are the most frequently used and expanded. Sources ABC-CLIO, The Urban Politics Dictionary, Santa Barbara, CA: ABC-CLIO, 1990. Florida League of Cities, Inc. \"Understanding Florida's Home Rule Powers for Cities and Counties.\" Accessed March 22, 2011.http://www.flcities.com/membership/home_rule_history.asp Krane, Dale, Platon Rigos, & Melvin B. Hill, Jr. Home Rule in America: A Fifty-State Handbook. Washington, D.C.: CQ Press, 2001. Richardson, Jesse J. Is Home Rule the Answer? Clarifying the Influence of Dillon's Rule on Growth Management. Washington, D.C.: Brookings Institution, January 2003. Russell, Hon. John D., Bostrom, Aaron, “Federalism, Dillion Rule and Home Rule,” The American City County Exchange, January 2016. United States Advisory Commission on Intergovernmental Relations. \"Measuring Local Discretionary Authority. M-131.\" Washington, DC: U. S. Advisory Commission on Intergovernmental Relations, 1981. United States Advisory Commission on Intergovernmental Relations. \"State Laws Governing Local Government Structure and Administration. M-186.\" Washington, DC: U. S. Advisory Commission on Intergovernmental Relations, 1993. Writ, Clay L. \"Dillon's Rule.\" Virginia Town & City. 24(8) (1989): 12-15.","URL":"https://www.nlc.org/resource/cities-101-delegation-of-power","language":"en","accessed":{"date-parts":[["2019",10,7]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Cities 101 -- Delegation of Power). The Home rule delegates the power to the local governments which then exercise these powers as according to the US constitution. It gives the authority of passing laws to the domestic government, as they see themselves. Owing to this authority, the Texas government passed the laws which banned forced the Uber and Lyft to stop their services. The Home rule is not exercised in each state of the US, rather, the powers of some domestic governments are limited to just passing of the statues.
Contrary to this, the general laws cities are the powers of governments, delegated by the general law of the state. These general law cities are different from the charter cities or the home rule cities. The powers vested in them are limited in scope ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"aOXsBKn2","properties":{"formattedCitation":"(Tribune and Samuels, \\uc0\\u8220{}Can the Texas Legislature Override Local Ordinances?\\uc0\\u8221{})","plainCitation":"(Tribune and Samuels, “Can the Texas Legislature Override Local Ordinances?”)","noteIndex":0},"citationItems":[{"id":648,"uris":["http://zotero.org/users/local/pCT5fGyt/items/V7HYLIBQ"],"uri":["http://zotero.org/users/local/pCT5fGyt/items/V7HYLIBQ"],"itemData":{"id":648,"type":"webpage","title":"Can the Texas Legislature override local ordinances?","container-title":"The Texas Tribune","abstract":"It can and it has. Last year, Texas lawmakers voted to override several local ordinances with new statewide measures — including relaxing regulations for ride-hailing services like Uber and Lyft.","URL":"https://www.texastribune.org/2018/12/28/texas-legislature-local-control-uber-lyft/","language":"en","author":[{"family":"Tribune","given":"The Texas"},{"family":"Samuels","given":"Alex"}],"issued":{"date-parts":[["2018",12,28]]},"accessed":{"date-parts":[["2019",10,7]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Tribune and Samuels, “Can the Texas Legislature Override Local Ordinances?”). Some of the US cities which are run under the general laws conform to the domestic statues offered by the US constitution. For example, it would be right to believe that if any general law state was to draft such provisions as like Texas (in case of ride-hailing companies), they would not be allowed to do that. The general law cities put the US constitution as the primary guide when it comes to making the new laws. The general law cities enjoy much less autonomy compared to the charter states. For example, for laws pertaining to the social issues, these states will not go contrary to what the US law or constitution has to offer. Such states may apply for the change in their status, depending upon the size of their population which must exceed the total of five thousand residents.
Bearing these aspects in mind, it is arguably right that Home Rule offer more autonomy and rights to states. In each passing day, the domestic conditions in any state change. The crime rate and such alike social aspects do not remain the same throughout the US ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"eSmZs1dp","properties":{"formattedCitation":"(Tribune and Samuels, \\uc0\\u8220{}Can the Texas Legislature Override Local Ordinances?\\uc0\\u8221{})","plainCitation":"(Tribune and Samuels, “Can the Texas Legislature Override Local Ordinances?”)","noteIndex":0},"citationItems":[{"id":648,"uris":["http://zotero.org/users/local/pCT5fGyt/items/V7HYLIBQ"],"uri":["http://zotero.org/users/local/pCT5fGyt/items/V7HYLIBQ"],"itemData":{"id":648,"type":"webpage","title":"Can the Texas Legislature override local ordinances?","container-title":"The Texas Tribune","abstract":"It can and it has. Last year, Texas lawmakers voted to override several local ordinances with new statewide measures — including relaxing regulations for ride-hailing services like Uber and Lyft.","URL":"https://www.texastribune.org/2018/12/28/texas-legislature-local-control-uber-lyft/","language":"en","author":[{"family":"Tribune","given":"The Texas"},{"family":"Samuels","given":"Alex"}],"issued":{"date-parts":[["2018",12,28]]},"accessed":{"date-parts":[["2019",10,7]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Tribune and Samuels, “Can the Texas Legislature Override Local Ordinances?”). Therefore, the Home rule offers the opportunity to states for making laws considering their domestic compulsions. This is the sole reason that states adopt the options to be governed by the Home Rule. Opposite to this, the states which remain under the control of a national charter, or the US constitution cannot enjoy autonomy. Their domestic conditions remain flexible; however, the US constitution offers a rigid approach in each scenario. It remains of pressing concern for the domestic governments to create laws which don’t get clash with the constitution of chartered offered to states by the federal government. Thus, owing to the adjustable nature of the domestic compulsions, states want autonomy to build a safe environment for its citizens. It also benefits the states in terms of financial stability. Once the state is allowed a partial autonomy, it can readjust to the changing conditions it faces.
Works Cited:
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Cities 101 -- Delegation of Power. https://www.nlc.org/resource/cities-101-delegation-of-power. Accessed 7 Oct. 2019.
Tribune, The Texas, and Alex Samuels. “Can the Texas Legislature Override Local Ordinances?” The Texas Tribune, 28 Dec. 2018, https://www.texastribune.org/2018/12/28/texas-legislature-local-control-uber-lyft/.
---. “Uber, Lyft Return to Austin as Texas Gov. Abbott Signs Ride-Hailing Measure into Law.” The Texas Tribune, 29 May 2017, https://www.texastribune.org/2017/05/29/texas-gov-greg-abbott-signs-measure-creating-statewide-regulations-rid/.
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