Isabella Carter
The United States Constitution includes several provisions that protect persons and entities from government action. For instance, the Due Process Clause (Fifth and Fourteenth Amendments) safeguards citizens from arbitrary denial of life, liberty, or property by the government. The Tenth Amendment to the Constitution also states that any powers not granted to the federal government are reserved for the states and the people. Local governments are generally better suited to address local issues than a distant federal government. However, the Supreme Court has ruled that the Contract Clause does not protect local governments from legislative actions that modify or withdraw governmental powers.
| Characteristics | Values |
|---|---|
| Powers not granted to the federal government | Reserved for states and the people |
| Local governments | Better suited to deal with local issues than federal government |
| State judicial branches | Led by the state supreme court |
| Court rulings | Binding, but can be appealed to the U.S. Supreme Court if inconsistent with the U.S. Constitution |
| Local governments structure | Two tiers: counties and municipalities |
| Municipalities | Cities, towns, villages, townships |
| Municipal responsibilities | Parks, recreation, police, fire departments, housing, emergency medical services, transportation, public works |
| State governments | Modeled after the federal government with executive, legislative, and judicial branches |
| State executive branch | Headed by a directly elected governor |
| State legislative branch | Determines court structures and judicial appointments |
| State judicial branch | Focused on correcting errors made in lower courts |
| U.S. Constitution protections | Due Process Clause (Fifth and Fourteenth Amendments) safeguard against arbitrary denial of life, liberty, or property by the government |
| Contract Clause | Does not protect local governments from legislative actions changing charters or statutes |
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What You'll Learn
- The Tenth Amendment: Powers reserved for states and people
- Local governments: Two-tiered county and municipal systems
- State constitutions: Defining municipalities and their responsibilities
- State supreme courts: Binding rulings and appeals to US Supreme Court
- US Constitution: Protecting persons and entities from government action
The Tenth Amendment: Powers reserved for states and people
The Tenth Amendment to the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, reserves all powers not explicitly granted to the federal government by the Constitution for the states and the people. This amendment maintains the federal government's limited, enumerated powers and reinforces the principles of federalism.
The text of the Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This means that any powers not specifically granted to the federal government by the Constitution are reserved for the states or the people. The Tenth Amendment is unique in that it does not explicitly grant constitutional rights but rather clarifies that the Constitution enumerates all the federal government's powers.
The Tenth Amendment gives states the power to regulate public welfare and morality and maintain their sovereignty, freedom, and independence. It also allows states to organize their executive structures differently, leading to variations in how states are governed.
Over time, the Tenth Amendment has been used by states and local governments to assert exemption from federal regulations, particularly in labor and environmental controls. The Supreme Court has interpreted the Amendment, notably in United States v. Darby (1941), where the Court wrote that the Tenth Amendment affirms that "all is retained which has not been surrendered." In Printz v. United States (1997), the Court ruled that requiring state and local law enforcement to conduct background checks on handgun purchases violated the Tenth Amendment as it "forced participation of the State's executive in the actual administration of a federal program."
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Local governments: Two-tiered county and municipal systems
Local governments in the United States have two tiers: counties and municipalities. Counties are also known as boroughs in Alaska and parishes in Louisiana, while municipalities refer to cities or towns. Counties are further divided into townships, which are classified as "First Class" or "Second Class" depending on their population size and density.
Municipalities can be structured in various ways, as defined by state constitutions, and may be referred to as townships, villages, boroughs, cities, or towns. They are generally organised around a population centre and correspond to the geographical designations used by the United States Census Bureau for reporting housing and population statistics. Municipalities vary significantly in size, from large cities like New York City and Los Angeles to small towns like Jenkins, Minnesota.
Municipal governments are responsible for providing essential services such as parks and recreation, police and fire departments, housing, emergency medical services, transportation, and public works. They rely on various revenue sources, including property taxes, user fees, sales tax receipts, and business taxes, to fund these services.
County governments, on the other hand, serve a larger geographical area than municipalities. They are created by state governments and operate under the provisions outlined in the state constitution. County officials include the treasurer, who manages funds, the assessor, who conducts property tax evaluations, and the engineer, who oversees infrastructure maintenance and construction. Counties maintain roads, bridges, courthouses, jails, parks, public libraries, hospitals, and clinics. They generate revenue through property taxes, sales tax receipts, and federal or state grants.
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State constitutions: Defining municipalities and their responsibilities
The United States Constitution includes several provisions that protect persons and entities from government action. For example, the Due Process Clause (Fifth and Fourteenth Amendments) safeguards citizens against arbitrary denial of life, liberty, or property by the government. The Tenth Amendment to the US Constitution also states that all powers not granted to the federal government are reserved for the states and the people. This means that state governments have the right to organise in any way they see fit, leading to significant variations in executive structures across different states.
State constitutions play a crucial role in defining municipalities and their responsibilities. Municipalities, also known as cities, towns, townships, villages, or boroughs, are generally organised around population centres. They vary significantly in size, from large metropolises like New York City and Los Angeles to small towns like Jenkins, Minnesota.
State constitutions outline the structure and responsibilities of these municipalities. For example, municipalities are typically responsible for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services, and public works. They are structured in various ways, as defined by state constitutions, and their specific designations may differ from state to state.
Local governments generally consist of two tiers: counties (or boroughs in Alaska and parishes in Louisiana) and municipalities. In some states, counties are further divided into townships. Various types of districts, such as school districts or fire protection districts, also function outside of county or municipal boundaries, providing essential services to local communities.
The Supreme Court has affirmed that state legislatures have the authority to interfere in contracts between local governments and third parties. This power was demonstrated in the City of Worcester v. Worcester Consolidated Street Railway Company case in 1905, where the Supreme Court held that the Contract Clause did not protect the city when the state legislature relieved a company of certain contractual obligations.
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State supreme courts: Binding rulings and appeals to US Supreme Court
State supreme courts are the highest judicial bodies at the state level, hearing appeals from lower state courts. The rulings made by state supreme courts are typically binding. However, if there are questions about the consistency of a ruling with the US Constitution, the matter can be appealed directly to the US Supreme Court. This is because, under the Tenth Amendment to the US Constitution, powers not granted to the federal government are reserved for the states and the people. State governments are modelled after the federal government and consist of executive, legislative, and judicial branches.
The US Supreme Court has ruled on several occasions that the Contract Clause does not protect local governments from legislative actions that modify or withdraw governmental powers. For example, in Hunter v. City of Pittsburgh (1907), the Court upheld legislation allowing Pittsburgh to annex the neighbouring city of Allegheny, despite opposition from Allegheny voters. Similarly, in City of Trenton v. State of New Jersey (1923), the US Supreme Court held that the Contract Clause did not protect the city of Trenton from state-imposed fees on water withdrawal from the Delaware River.
The Supreme Court has also ruled that state legislatures may interfere in contracts between local governments and third parties, as in the case of City of Worcester v. Worcester Consolidated Street Railway Company (1905). In this case, the Court affirmed that the Contract Clause did not prevent the Massachusetts legislature from relieving a street railway company of its obligation to repair city streets per its franchise agreement with the city.
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US Constitution: Protecting persons and entities from government action
The United States Constitution includes several provisions that protect persons and entities from government action. One of the key protections is the Due Process Clause, which is enshrined in the Fifth and Fourteenth Amendments. This clause safeguards individuals against the arbitrary denial of life, liberty, or property by the government. For instance, in the case of City of Trenton v. State of New Jersey, the US Supreme Court held that the city was not protected by the Contract Clause when the state imposed taxes on water withdrawal, which had previously been exempt.
The Tenth Amendment to the US Constitution reserves powers not granted to the federal government for the states and the people. This amendment reflects the fundamental principle that local governments are better suited to address local issues than a distant federal government. As a result, state governments have significant autonomy and can vary considerably in their structures and policies.
State governments are modelled after the federal government and consist of three branches: executive, legislative, and judicial. The US Constitution mandates that all states uphold a "republican form" of government. However, the three-branch structure is not mandatory, and states have the right to organise themselves as they see fit. Local governments within states are typically structured into two tiers: counties (or boroughs/parishes in some states) and municipalities (cities or towns).
Municipal governments are responsible for various services, including parks and recreation, police and fire departments, housing, emergency medical services, municipal courts, transportation, and public works. They can vary significantly in size, from large cities like New York and Los Angeles to small towns like Jenkins, Minnesota. While the federal and state governments share power, local governments have a degree of autonomy and are subject to the state constitution and laws.
The US Supreme Court has ruled on several occasions that the Contract Clause does not shield local governments from legislative actions that modify their charters or applicable statutes. For example, in Hunter v. City of Pittsburgh, the Court upheld legislation allowing Pittsburgh to annex the neighbouring city of Allegheny despite opposition from Allegheny voters. These rulings highlight the complex interplay between federal, state, and local governments and the dynamic nature of constitutional interpretation.
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Frequently asked questions
The US Constitution includes provisions that protect persons and entities from government action at both the federal and state levels. However, the Supreme Court has held that the Contract Clause does not protect local governments from legislative actions changing charters or statutes. Local governments are generally better suited to deal with local issues than a distant federal government.
The US Constitution mandates that all states uphold a "republican form" of government, which consists of three branches: executive, legislative, and judicial. Local governments generally include two tiers: counties and municipalities, which can be structured in various ways as defined by state constitutions.
In the case of City of Trenton v. State of New Jersey, 262 U.S. 182 (1923), the US Supreme Court held that the city was not protected by the Contract Clause when the state imposed fees on the city for withdrawing water from the Delaware River.
