Intergovernmental Relations

State and Local Challenges in the Twenty-First Century

Jonathan M. Fisk

• Publisher: Routledge
• Year: 2022
• Print ISBN:
  9781032223957
  9781032224015
• Edition: 1
• eBook ISBN:
  9781000555004
• Topic: Politics & International Relations
• Subtopic: American Government
• Index: Politics & International Relations

Who governs? On the surface, such a question should be easy to answer by simply reading the law. Taking a deeper examination, it is one of the most hotly contested questions, often without a clear-cut answer. With recent controversies in the United States related to confederate monuments, transgender rights, and unconventional oil and gas development, for example, the answer is: it depends and is subject to change. Intergovernmental Relations: State and Local Challenges in the Twenty-First Century examines the sources behind state-local conflict to better understand where this critical intergovernmental relationship may be breaking down, and to ultimately identify solutions and policy tools that build upon the strengths of state and local governments, mitigate conflicts, and improve the quality of life for citizens.

Author Jonathan M. Fisk begins by defining the basic institutional structures and offices and addressing the intergovernmental legal environment. He then offers a framework for understanding possible sources behind state-local conflict, with a recognition that intergovernmental relationships have historical roots, are place-based, and dependent on context, before examining concrete issues that have become ensnared in intergovernmental conflict via case studies including environmental (plastic bags, climate change), social and constitutional (confederate statues, transgender bathrooms), and economic (living wage, affordable housing) to name a few. Each case study possesses its own history, intergovernmental actors, costs, benefits, opportunities, and challenges. Readers are asked to confront difficult questions about property and constitutional rights, intergenerational equity, economic growth, wage fairness, and local democracy. This book offers an ideal supplement for students enrolled in courses on public policy, federalism, state and local government, and public administration.

1 Introducing State and Local Governments

DOI: 10.4324/9781003272441-1

Who governs? On the surface, such a question should be easy to answer, i.e., one reads the law. Taking a deeper examination, it is one of the most hotly contested questions, often without a clear-cut answer. With recent controversies related to confederate monuments, transgender rights, and unconventional oil and gas development, perhaps, the answer closest to ‘correct’ is…it depends and is subject to change. It depends on the allocation of powers and responsibilities in applicable state law, institutions, administrative orders, and judicial opinions. Who governs is also shaped by the particular dimensions of the issue/controversy and the occupants of state and local offices involved. Such dynamics are also subject to change over time. A few trends, however, stand out and are summarized below:

1. State and local relations are increasingly influenced by high-profile and lesser-profile offices and officers. In some cases, state-local controversies involve well-known offices such as the governor and attorney general. Yet, in others, disputes are voted upon, adjudicated by more obscure state Supreme Court justices, legislators, and committees. Cities are also staffed and led by a variety of offices and organizational structures. The combined effect gives activists a larger number of potential venues to push for their desired change.
2. Power is political ‘currency’ in every state and is related to the state’s constitution, statute(s), practice(s) and tradition(s), and even the occupants of the office – at both the state and local levels.
3. The disputes between and among states and local governments are often one sided in favor of state policymakers. State lawmakers and offices are imbued with formal powers and the opportunity to shape informal responsibilities. They also have the ability to reexamine intergovernmental boundaries, determine policies, allocate resources, determine responsibilities, and study state and local issues.
4. The local ‘toolbox’ is far from empty. Past research has identified a variety of tools utilized by local governments including their legal and land use authority, direct lobbying, regional coordination, resolutions and proclamations, press conferences, letter writing, and data collection (Fisk 2017).
5. Many of today’s most pressing public issues exist in a complex institutional landscape and depend on multiple levels of government for effective implementation.

1.1 The Federal Backdrop

The stage for contemporary state-local conflict was set over two centuries ago in the United States Constitution with the 10th amendment. Specifically, the Amendment holds, “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.” The Amendment’s meaning and application, according to Linda Monk, has evolved and been tested over time. It traditionally has included state police powers related to regulations concerning health, education, and welfare. In the early 20th century, for example, states began regulating working conditions and employee hours. However, the Supreme Court determined that many of these regulations infringed upon employees’ personal liberty (Monk 2013). The Republican Study Committee’s 10th Amendment Task Force notes that federalism and specifically the 10th Amendment directly impact citizens in a number of ways, as outlined in Table 1.1.

TABLE 1.1 Impacts of Federalism

Concern	How Federalism Addresses Concern
Americans distrust the federal government and think it is broken	Federalism decentralizes and devolves authority to lower levels of government that are closer to the people
Americans want greater flexibility, more accountability, and more responsive government	Federalism enables subnational governments to take on a greater role in the policymaking and implementation process
The national government does many things and many of those things poorly	Federalism enables subnational governments the ability to experiment with more innovative and responsive solutions
The national government has involved itself in many policies outside the language of the 10th amendment	The presence of two constitutionally protected levels of government protects citizens from abuse by acting as a check against one another

Source: Bishop (n.d.).

For many pressing public issues, the 10th amendment and/or the absence of clear federal statutory guidance has ceded enough policy space for an evolving state-local federalism to emerge. In many states and cities across the country, the goals of subnational stakeholders have aligned and reinforced one another. Yet, the American governance landscape is dotted with examples of local defiance as well as state preemption across a range of policy issues.

State...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• List of Figures
• List of Tables
• Acknowledgments
• Preface
• 1 Introducing State and Local Governments
• 2 Unpacking State and Local Conflict
• 3 The City of Longmont and the Politics of Unconventional Oil and Gas in Colorado
• 4 The City of Brownsville and Plastic Bag Politics in Texas
• 5 The City of Houston and Air Pollution Politics in Texas
• 6 The City of St. Petersburg and Climate Change Politics in Florida
• 7 The City of Birmingham, AL and the Politics of Monuments and Confederate Statues in Alabama
• 8 The City of Charlotte and the Politics of ‘Bathroom Bills’ in North Carolina
• 9 The City of Kansas City and Uber Politics in Missouri
• 10 The City of Santa Monica and Form of Government Politics in California
• 11 The City of Minneapolis and Wage Politics in Minnesota
• 12 The City of Pittsburgh and Paid Sick Leave Politics in Pennsylvania
• 13 The City of Cleveland and Local Hiring Politics in Ohio
• 14 The City of Columbia and Property Tax Politics in South Carolina
• 15 The City of Coronado and Regional Housing Politics in California
• 16 Summary and Lessons Learned
• Index