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Can Home Rule in the District of Columbia Survive the Chadha Decision?
Catholic University Law Review Volume 33 Issue 4 Summer 1984 Article 2 1984 Can Home Rule in the District of Columbia Survive the Chadha Decision? Bruce Comly French Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Bruce C. French, Can Home Rule in the District of Columbia Survive the Chadha Decision?, 33 Cath. U. L. Rev. 811 (1984). Available at: https://scholarship.law.edu/lawreview/vol33/iss4/2 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. CAN HOME RULE IN THE DISTRICT OF COLUMBIA SURVIVE THE CHADHA DECISION? Bruce Comly French* More than a decade has passed since the enactment of the District of Columbia Self-Government and Governmental Reorganization Act (Home Rule Act).' In this Act, the Congress delegated much of its con- stitutional authority affecting the District of Columbia2 to an elected * Associate Professor of Law, Claude W. Pettit College of Law, Ohio Northern Uni- versity. Lecturer, Columbus School of Law, Catholic University of America. B.A., The American University, 1969; M.A., The American University, 1970; J.D., Antioch College School of Law, 1975. The author was Legislative Counsel to the Council of the District of Columbia (1979-1983) and Staff Director and Counsel to the Committee on Government Operations, Council of the District of Columbia (1975-1978). The author recognizes and appreciates the assistance of M. -
A Global Comparison of Non-Sovereign Island Territories: the Search for ‘True Equality’
Island Studies Journal, 15(1), 2020, 43-66 A global comparison of non-sovereign island territories: the search for ‘true equality’ Malcom Ferdinand CNRS, Paris, France [email protected] Gert Oostindie KITLV, the Netherlands Leiden University, the Netherlands [email protected] (corresponding author) Wouter Veenendaal KITLV, the Netherlands Leiden University, the Netherlands [email protected] Abstract: For a great majority of former colonies, the outcome of decolonization was independence. Yet scattered across the globe, remnants of former colonial empires are still non-sovereign as part of larger metropolitan states. There is little drive for independence in these territories, virtually all of which are small island nations, also known as sub-national island jurisdictions (SNIJs). Why do so many former colonial territories choose to remain non-sovereign? In this paper we attempt to answer this question by conducting a global comparative study of non-sovereign jurisdictions. We start off by analyzing their present economic, social and political conditions, after which we assess local levels of (dis)content with the contemporary political status, and their articulation in postcolonial politics. We find that levels of discontent and frustration covary with the particular demographic, socio- economic and historical-cultural conditions of individual territories. While significant independence movements can be observed in only two or three jurisdictions, in virtually all cases there is profound dissatisfaction and frustration with the contemporary non-sovereign arrangement and its outcomes. Instead of achieving independence, the territories’ real struggle nowadays is for obtaining ‘true equality’ with the metropolis, as well as recognition of their distinct cultural identities. -
The Home Rule Question
Réussir l’agrégation d’anglais The Home Rule The Home Rule Question (1870-1914) Pauline Collombier-Lakeman Collombier-Lakeman Pauline Question Home Rule became a significant issue from the 1870s across the British Isles. Aspirations to limited legislative autonomy were notably strong in Ireland, where a Home Rule party progressively emerged and played a major role both on the island and at Westminster. While the question of Irish Home Rule came to dominate discussions, the quest for self- (1870-1914) government was not limited to Ireland but soon spread to other parts of the United Kingdom. In Scotland and Wales, Home Rule movements were also formed with their (1870-1914) own specific objectives. This led to exchanges on the idea of “home rule all round”. On Pauline Collombier-Lakeman a broader scale, Home Rule spurred cross-imperial solidarities and raised the question of the future of the British Empire and the possibility of an “imperial federation”. And although it aroused keen interest and support across Britain and the rest of the Empire, it also provoked intense opposition in the shape of loyalism or unionism. In doing so, Home Rule reshaped British politics along new lines. Pauline Collombier-Lakeman is a Senior Lecturer in British Studies at the university of Strasbourg. After studying at the ENS Fontenay-Saint- Cloud and passing the Agrégation, she was awarded her PhD from the Université Paris 3 – Sorbonne Nouvelle in 2007. Her research work has been focusing on Irish parliamentary nationalism and the relationship between Irish Home Rulers and the British Empire. CET OUVRAGE EST LE FRUIT D’UNE ÉTROITE COOPÉRATION ENTRE BELIN ÉDUCATION ET LE CENTRE NATIONAL D’ENSEIGNEMENT À DISTANCE, ÉTABLISSEMENT PUBLIC QUI DISPENSE Question The Home Rule DES FORMATIONS DE TOUS NIVEAUX À PLUS DE 320 000 INSCRITS RÉPARTIS DANS LE JO MONDE ENTIER. -
Irish Political Thought in the Age of Home Rule
Northumbria Research Link Citation: Reid, Colin (2014) 'An Experiment in Constructive Unionism': Isaac Butt, Home Rule and Federalist Political Thought during the 1870s. The English Historical Review, 129 (537). pp. 332-361. ISSN 0013-8266 Published by: Oxford University Press URL: http://dx.doi.org/10.1093/ehr/ceu069 <http://dx.doi.org/10.1093/ehr/ceu069> This version was downloaded from Northumbria Research Link: http://nrl.northumbria.ac.uk/id/eprint/16702/ Northumbria University has developed Northumbria Research Link (NRL) to enable users to access the University’s research output. Copyright © and moral rights for items on NRL are retained by the individual author(s) and/or other copyright owners. Single copies of full items can be reproduced, displayed or performed, and given to third parties in any format or medium for personal research or study, educational, or not-for-profit purposes without prior permission or charge, provided the authors, title and full bibliographic details are given, as well as a hyperlink and/or URL to the original metadata page. The content must not be changed in any way. Full items must not be sold commercially in any format or medium without formal permission of the copyright holder. The full policy is available online: http://nrl.northumbria.ac.uk/policies.html This document may differ from the final, published version of the research and has been made available online in accordance with publisher policies. To read and/or cite from the published version of the research, please visit the publisher’s website (a subscription may be required.) 1 ‘An experiment in constructive Unionism’: Isaac Butt, Home Rule and federalist political thought during the 1870s. -
The Origin & Devolution of Local Revenue Authority
WCM129 guts.qk4 5/7/03 11:15 AM Page 20 The Origin & Devolution of Local Revenue Authority by Michael Coleman and Michael G. Colantuono s the population grows, new technology develops, the economy evolves, But local governments in California do not have adequate control of their new needs and priorities rise and old ones fade. The varied circumstances finances and local affairs. Over the last half-century — and especially since the that arise from these factors, over time and among different localities, are an essential adoption of Proposition 13 in 1978 — reason that control of municipal affairs and finance has always been a paramount con- California cities and counties have lost substantial control of their major fiscal cern of local governments. To respond efficiently and effectively to the needs of their resources to fund police and other law enforcement services, fire protection, customers, cities need the flexibility to change their services; they need control of their parks, libraries, schools, hospitals and public health. finances so revenues will cover costs and so they may reallocate resources to meet Today, California’s city budgets face changing priorities. greater risk and less stability, both eco- nomically and politically, than in the past. City revenues often don’t grow commensurately with service needs, which forces increases in taxes or fees or cuts in services. Moreover, unfunded Michael Coleman is principal of Coleman Advisory Services and fiscal consultant to the League. He mandates from state and federal govern- is the owner of CaliforniaCityFinance.com, an information resource on California local government ments and new judicial interpretations finance. -
The Devlinite Irish News, Northern Ireland's "Trapped" Nationalist Minority, and the Irish Boundary Question, 1921-1925
WITHOUT A "DOG'S CHANCE:" THE DEVLINITE IRISH NEWS, NORTHERN IRELAND'S "TRAPPED" NATIONALIST MINORITY, AND THE IRISH BOUNDARY QUESTION, 1921-1925 by James A. Cousins Master ofArts, Acadia University 2000 Bachelor ofArts, Acadia University 1997 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY In the Department ofHistory © James A. Cousins 2008 SIMON FRASER UNIVERSITY Summer 2008 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission ofthe author. APPROVAL Name: James A. Cousins Degree: Doctor of Philosophy Title ofProject: Without a "Dog's Chance:" The Devlinite Irish News, Northern Ireland's "Trapped" Nationalist Minority, and the Irish Boundary Question, 1921-1925 Examining Committee: Chair Dr. Alexander Dawson, Associate Professor Department ofHistory Dr. John Stubbs, Professor Senior Supervisor Department ofHistory Dr. Wil1een Keough, Assistant Professor Supervisor Department ofHistory Dr. Leith Davis, Professor Supervisor Department ofEnglish Dr. John Craig, Professor Internal Examiner Department ofHistory Dr. Peter Hart, Professor External Examiner Department ofHistory, Memorial University of Newfoundland Date Approved: 11 SIMON FRASER UNIVERSITY LIBRARY Declaration of Partial Copyright Licence The author, whose copyright is declared on the title page of this work, has granted to Simon Fraser University the right to lend this thesis, project or extended essay to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. -
An Iron Law of Nationalism and Federation? a (Neo-Diceyian) Theory of the Necessity of a Federal Staatsvolk, and of Consociational Rescue*
Nations and Nationalism 7 (3), 2001, 273±296. # ASEN 2001 An iron law of nationalism and federation? A (neo-Diceyian) theory of the necessity of a federal Staatsvolk, and of consociational rescue* BRENDAN O'LEARY1 Government Department, London School of Economics, London, WC2A 2AE A federal state requires for its formation two conditions. There must exist, in the first place, a body of countries _ so closely connected by locality, by history, by race, or the like, as to be capable of bearing in the eyes of their inhabitants, an impress of common nationality _ A second condition absolutely essential to the founding of a federal system is the existence of a very peculiar _ sentiment _ the inhabitants _ must desire union, and must not desire unity _ Albert Venn Dicey (1915: 75) _ Providence has been pleased to give this one connected country to one united people ± a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and their customs, and who, by their joint counsels, arms and efforts, ®ghting side by side throughout a long and bloody war, have nobly established their general liberty and independence. Publius [John Jay] (in Madison et al. 1987 [1788]: 91, paper II) Federalism as such is no guarantee for ethnic harmony and accommodation in the absence of other factors. Rudolpho Stavenhagen (1996: 202) It is a signal honour to be asked to give the Fifth Ernest Gellner Memorial lecture. I was with Ernest Gellner in Budapest in 1995 on the night before he died, attending a conference he had organised at the Central European University on the theme of formerly dominant ethnic minorities. -
County Home Rule Comes to Minnesota Michele Timmons
William Mitchell Law Review Volume 19 | Issue 4 Article 1 1993 County Home Rule Comes to Minnesota Michele Timmons Judy Grant Teri Popp Heidi Westby Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Timmons, Michele; Grant, Judy; Popp, Teri; and Westby, Heidi (1993) "County Home Rule Comes to Minnesota," William Mitchell Law Review: Vol. 19: Iss. 4, Article 1. Available at: http://open.mitchellhamline.edu/wmlr/vol19/iss4/1 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Timmons et al.: County Home Rule Comes to Minnesota COUNTY HOME RULE COMES TO MINNESOTA MICHELE TIMMONS* JUDY GRANT** TERI POPP*** HEIDI WESTBY**** I. INTRODUCTION ..................................... 813 II. THE CONCEPT OF COUNTY HOME RULE .............. 815 A. Traditional County Government .................... 815 B. The Concept of Home Rule ........................ 816 1. What is a Home Rule Charter? ............... 816 2. County Home Rule .......................... 817 C. Advantages of Home Rule ......................... 818 D. Disadvantages of Home Rule ...................... 820 E. Home Rule in Minnesota .......................... 821 1. ConstitutionalAuthority ...................... 821 2. Ramsey County Home Rule ................... 822 III. A "COOKBOOK" FOR A COUNTY HOME RULE CHARTER 823 A. The Origin of a Charter ........................... 823 B. Enabling Legislation .......... 823 C. The Charter Commission .......................... 824 1. Establishing the CharterCommission ........... 824 2. Task of the Charter Commission ............... 825 3. Support Staff ............................... 825 4. Budget .................................... -
Spain: Constitutional Transition Through Gradual Accommodation of Territories
Spain: Constitutional Transition through Gradual Accommodation of Territories Luis Moreno César Colino Angustias Hombrado © Forum of Federations, 2019 ISSN: 1922-558X (online ISSN 1922-5598) Occasional Paper Series Number 37 Spain: Constitutional Transition through Gradual Accommodation of Territories By Luis Moreno, César Colino and Angustias Hombrado For more information about the Forum of Federations and its publications, please visit our website: www.forumfed.org. Forum of Federations 75 Albert Street, Suite 411 Ottawa, Ontario (Canada) K1P 5E7 Tel: (613) 244-3360 Fax: (613) 244-3372 [email protected] Spain: Constitutional Transition through Gradual Accommodation of Territories 3 Overview Spain’s peaceful transition to democracy (1975-79) offers an example of how a political agreement could overcome internal confrontations. In contemporary times, Spain experienced a cruel Civil War (1936-39) and a long period of dictatorship under General Franco’s rule (1939-75). At the death of the dictator, the opposition mobilized around left-right cleavages as well as around several territorially- based nationalist movements that had been repressed by Francoism. The moment of constitutional transition, which would last from 1977 to 1979, arose from an alliance between moderate reform factions in the elites of the old dictatorship, supported by the new King, with opposition elites. Together, they agreed to call for elections and establish a full-fledged democratic regime amidst a great economic crisis, intense public mobilization and some instances -
State Preemption of Local Laws: Origins and Modern Trends*
State Preemption of Local Laws: Origins and Modern Trends* Christopher B. Goodman† Northern Illinois University Megan E. Hatch Cleveland State University Bruce D. McDonald, III North Carolina State University American cities are creatures of their states, with states both granting and limiting the power of their cities. This relationship is characterized by how cooperative or competitive states are with cities in their legislation. Despite the recent attention given to state preemption of local laws, this is not a new phenomenon. Part of the confusion surrounding preemption is that there is no shared definition or understanding of its forms. The purpose of this article is to begin to create that shared conception. In doing so, we define preemption according to its historic origins as the use of coercive methods to substitute state priorities for local policymaking. We argue modern state preemption of local laws can be divided into four phases, each with their own policies and mechanisms. We show how preemption has changed over time, shifting the functional, legal, and political relationship between states and their cities. Together, these phases help assist poli- cymakers and administrators in understanding the nature of state preemption, and thus how to create and implement local policies in an environment where the distribution of power between governments is competitive and changing. Keywords: Preemption, Local government autonomy, Intergovernmental relations Introduction American cities are creatures of their states, with states both granting and limiting the power of their cities. Bowman (2017, 2) argues the nature of the relationship between states and their cities is fundamentally a question of the “relative distribution of power.” However, Hicks et al. -
Principles of Home Rule for the 21St Century NATIONAL LEAGUE of CITIES
NATIONAL LEAGUE OF CITIES Principles of Home Rule for the 21st Century NATIONAL LEAGUE OF CITIES About the Authors The National League of Cities (NLC) and the Local Solutions Support Center (LSSC) convened a group of state-and-local-government legal scholars in the fall of 2018 to begin a comprehensive examination of home rule. This working group, led by Fordham Law School Professor Nestor Davidson, included Professor Richard Briffault, Columbia Law School; Professor Paul Diller, Willamette University College of Law; Professor Sarah Fox, Northern Illinois University College of Law; Professor Emeritus Laurie Reynolds, University of Illinois College of Law; Professor Erin Adele Scharff, Arizona State University Law School; Professor Richard Schragger, University of Virginia School of Law; and Professor Rick Su, University of North Carolina Law School. These scholars surveyed historical models and plumbed lessons from how home rule has been enacted and understood in practice across the country. From that review, the working group crafted a proposal that they refined through consultation over the past year with a broad array of local officials, state municipal league leaders, city attorneys, advocates, academics, and other stakeholders. About the National League of Cities The National League of Cities (NLC) is the voice of America’s cities, towns and villages, representing more than 200 million people. NLC works to strengthen local leadership, influence federal policy and drive innovative solutions. NLC’s Center for City Solutions provides research and analysis on key topics and trends important to cities and creative solutions to improve the quality of life in communities. About NLC’s Local Democracy Initiative This foundational text is part of NLC’s broader Local Democracy Initiative. -
Home Rule from a Transnational Perspective the Irish Parliamentary Party and the United Irish League of America, 1901-1918
Home Rule from a Transnational Perspective The Irish Parliamentary Party and the United Irish League of America, 1901-1918 by Tony King Series in World History Copyright © 2020 Vernon Press, an imprint of Vernon Art and Science Inc, on behalf of the author. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the copyright holder and Vernon Art and Science Inc. www.vernonpress.com In the Americas: In the rest of the world: Vernon Press Vernon Press 1000 N West Street, C/Sancti Espiritu 17, Suite 1200, Wilmington, Malaga, 29006 Delaware 19801 Spain United States Series in World History Library of Congress Control Number: 2020942688 ISBN: 978-1-64889-100-7 Product and company names mentioned in this work are the trademarks of their respective owners. While every care has been taken in preparing this work, neither the authors nor Vernon Art and Science Inc. may be held responsible for any loss or damage caused or alleged to be caused directly or indirectly by the information contained in it. Every effort has been made to trace all copyright holders, but if any have been inadvertently overlooked the publisher will be pleased to include any necessary credits in any subsequent reprint or edition. Cover design by Vernon Press using elements designed by Nicolas Raymond from stockvault.net (external source from Freepik), aopsan / Freepik. For my parents Table of