Malcolm Rivera
Cities, unlike private corporations, have no constitutional protection against state action, and municipal corporations are considered political subdivisions of the state. Despite this, the Supreme Court has treated cities differently from states and corporations in some cases, such as allowing damage suits against cities for constitutional violations. The Constitution of a city outlines the basic framework of the government, including the legislative, executive, and judicial branches, and defines the rights and responsibilities of the government and its citizens. It also establishes the manner of election and the qualifications of elected officials, such as age, citizenship, and residency requirements. The Constitution can be amended to expand the protections it offers and to address issues such as slavery and voting rights.
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What You'll Learn
Cities as political subdivisions of the state
Cities are considered political subdivisions of a state, created by the state to help fulfil its obligations. They are formed by their residents, usually based on common interests. Cities, unlike counties, are not involuntary and differ from them in their powers, responsibilities, and financial structures. While counties serve as administrative arms of the state, implementing policies on behalf of the General Assembly, cities have more autonomy in local matters. However, their functions are largely defined by the state constitution and statutory law, and the state retains the power to override local ordinances if they conflict with state law.
In the United States, the Constitution is the supreme law and consists of several articles that define the framework of the federal government. It embodies the doctrine of the separation of powers, dividing the federal government into legislative, executive, and judicial branches. The legislative branch consists of the bicameral Congress, the executive branch consists of the President and subordinate officers, and the judicial branch consists of the Supreme Court and other federal courts.
The Constitution has been amended several times since its adoption, with the focus of each article remaining largely the same. Notable amendments include the Thirteenth Amendment, which freed slaves and rendered some parts of the original Constitution inoperative, and the Fourteenth Amendment, which granted citizenship to former slaves and imposed new limits on state power. The Reconstruction Amendments, adopted after the Civil War, addressed citizenship and voting rights for former slaves, and the Nineteenth Amendment prohibited denying any citizen the right to vote based on sex.
The relationship between cities and the Constitution is complex. Cities, as public entities, have limited constitutional protection against state action. The Supreme Court has treated cities distinctively, allowing damage suits against them for constitutional violations. While cities are subject to constitutional limitations like states, states have immunities that cities do not possess. At times, cities are considered simultaneously as states and private corporations.
The formation of cities as political subdivisions can be traced back to the 17th and 18th centuries when people established cities for protection and infrastructure. Cities became convenient mechanisms for delivering public services in the 19th century. Today, cities continue to play a crucial role in providing public services and self-governance within the broader governmental structure.
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Constitutional limitations on cities
Cities, as \"public\" entities, have little to no constitutional protection against state action. The Supreme Court summarised the nature of state power over cities in the case of Hunter v. Pittsburg (1907), stating that municipal corporations are political subdivisions of the state, and the state can modify or withdraw their powers at its discretion.
Despite this, cities are subject to constitutional limitations applicable to states. In Monell v. Department of Social Services (1978), the Supreme Court interpreted Section 1983, Title 42, United States Code, to permit damage suits against cities for constitutional violations. This means that cities can be held liable for constitutional violations even when states and private corporations are not.
Additionally, constitutional tax limitations have prevented cities from imposing sales tax on streaming service providers like Netflix and Hulu, resulting in lawsuits by cities attempting to recover lost franchise fees from cable television providers.
In summary, while cities have limited constitutional protection against state action, they are subject to constitutional limitations and can be held accountable for violations. These limitations impact various aspects of city governance, including land use and taxation.
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Cities' liability for constitutional violations
Cities, as \"public\" entities, have little to no constitutional protection against state action. The Supreme Court summarised the nature of state power over cities in the case of Hunter v. Pittsburg (1907), stating that municipal corporations are "political subdivisions of the State". This means that the state has the power to modify or withdraw the powers of a city, take its property without compensation, expand or contract its territory, unite it with another municipality, or even destroy the corporation.
However, in Monell v. Department of Social Services (1978), the Supreme Court interpreted Section 1983, Title 42, United States Code, to allow damage suits against cities when they commit constitutional violations. This means that cities can be held liable for customs, policies, or practices that lead to constitutional violations. For example, in City of Canton v. Harris (1989), the Supreme Court held that a city could be liable for failing to train its employees on constitutional rights.
To establish municipal liability under Section 1983, plaintiffs must prove that they were deprived of a constitutional right and that this deprivation was caused by a municipal custom, policy, or practice. Municipalities can be held liable for written policies that lead to constitutional violations. However, if a municipality's employees are entitled to qualified immunity, the municipality may not be held liable for their actions.
Understanding municipal liability is crucial as it can have significant financial implications for municipalities, impacting their budgets and ability to provide services to citizens. It can also lead to changes in municipal policies and practices, which can have far-reaching consequences for the community.
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Cities' lack of protection against state action
Cities, as "public" entities, have little to no constitutional protection against state action. The Supreme Court summarised the nature of state power over cities in the case of Hunter v. Pittsburg (1907), stating that municipal corporations are political subdivisions of the state, and thus, the state holds the power to modify or withdraw their powers, take their property, unite them with other municipalities, repeal their charter, and more, without any restraint from the Constitution of the United States. This highlights the vulnerability of cities to state intervention and their limited autonomy.
The structure of state-based federalism also impedes the decentralisation of authority to substate governments, and home rule protections tend to restrict rather than enhance city power. Modifications to home rule in the 1950s and 1960s provided some flexibility to cities, but their autonomy remained limited. While states granted local governments police power, it was still subject to denial by specific acts of the state legislature. This "legislative" home rule allows local governments to initiate legislation but offers minimal protection against state law preemption.
The concept of municipal democracy, where professionals run municipal governments, has been criticised for its lack of political accountability. For instance, in Flint, Michigan, an unelected manager made the decision to shift the city's water supply, resulting in a poisoned water system. This example demonstrates the need for public involvement and democratic processes in city politics.
Furthermore, the United States Constitution has been criticised for favouring rural over city voters, perpetuated by a first-past-the-post electoral system that enables political gerrymandering. This further limits the power of cities and makes them susceptible to state influence.
In conclusion, cities face a lack of protection against state action due to the concentration of power in the hands of the state, the limitations of home rule, the vulnerability created by federalism, and the favouritism towards rural voters. These factors collectively contribute to the challenges faced by cities in asserting their authority and protecting their interests against state intervention.
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Cities and the right to vote
The Constitution of the United States is the supreme law of the land, delineating the framework of the federal government and outlining the rights and responsibilities of state governments. While the Constitution does not explicitly define the eligibility requirements for voting, it grants each state the power to determine who is eligible to vote. Historically, most states restricted voting rights to white male adult property owners, with a few exceptions like New Jersey, which allowed women to vote on equal terms as men.
The Reconstruction Amendments, adopted between 1865 and 1870 in the aftermath of the Civil War, marked a significant shift in voting rights. The Thirteenth Amendment emancipated slaves, the Fourteenth Amendment granted citizenship to former slaves and individuals subject to U.S. jurisdiction, and the Fifteenth Amendment prohibited restrictions on voting rights based on race or prior slave status. However, the interpretation of the Fifteenth Amendment was narrow, and discriminatory practices like poll taxes and literacy tests prevented many African Americans from exercising their right to vote.
The Nineteenth Amendment, ratified in 1920, finally extended voting rights to women, prohibiting the denial of the right to vote based on sex. Despite these amendments, the struggle for voting rights continued, particularly for racial minorities. The National League of Cities, through its Cities Vote initiative, aims to increase voter engagement and participation by partnering with community organizations and civic engagement leaders. Their efforts include voter registration drives, addressing the challenges posed by the COVID-19 pandemic, and promoting equitable and safe elections.
In recent years, there has also been a growing movement to expand voting rights to noncitizens at the local level. Cities like College Park, Maryland, have taken the lead by allowing undocumented immigrants, student visa holders, and residents with green cards to vote in local elections. Proponents of this expansion argue that all residents should have a say in how their government operates, regardless of citizenship status. However, noncitizen voting remains controversial, with opponents citing concerns about the broader national debate on immigration.
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Frequently asked questions
A city's version of a constitution is known as a charter.
Cities, unlike states, have no constitutional protection against state action. States have immunities under the Eleventh Amendment against suits in federal court.
Cities are considered political subdivisions of a state and are subject to constitutional limitations applicable to states.
Yes, in Monell v. Department of Social Services (1978), the Supreme Court interpreted section 1983, title 42, United States code to allow damage suits against cities when they commit constitutional violations.
The US Constitution includes seven articles that define the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the government into three branches: the legislative, executive, and judicial.
