Curtis Act Memorandum
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Municipal Home Rule in Ohio Since 1960
MUNICIPAL HOME RULE IN OHIO SINCE 1960 JOHN E. GoTHERMAN* The scope of an article dealing with municipal home rule in Ohio probably bears a direct relationship to the temerity of its author. Sixty years after the adoption of the Ohio home rule amendmene and after hundreds of cases have been decided, it would be a colossal task to un- dertake a comprehensive review of municipal home rule. To review the twelve years since 1960 is a more modest task but some review of the basic principles and landmark cases prior to 1960 is still necessary. With respect to the latter, this article will only highlight the development of the case law and political science of municipal government prior to 1960. For greater detail the dedicated scholar can examine the several excellent law review articles covering the pre-1960 era.' This article will also omit utility powers under the home rule amendment.' I. PE-HomE RULE In order to understand the structure of municipal government as it exists today in Ohio, it is necessary to briefly review its historical develop- ment. Prior to 1851 the underlying and controlling principle of munici- pal government in Ohio relegated Ohio municipal corporations to a status as creatures of the state government. The state legislature individu- ally "chartered" each municipal or public corporation. In other words the General Assembly provided the form, organization and structure of each municipality in a special act which also provided for the powers and functions of the municipality. Since a separate act was passed for each municipality, the form of government and powers of each municipality varied. -
The Nevada Constitution Was Framed by a Convention of Delegates Chosen by the People
THE CONSTITUTION OF THE STATE OF NEVADA _________ [The Nevada constitution was framed by a convention of delegates chosen by the people. The convention met at Carson City on July 4, 1864, and adjourned on July 28 of the same year. On the 1st Wednesday of September 1864, the constitution was approved by the vote of the people of the Territory of Nevada, and on October 31, 1864, President Lincoln proclaimed that the State of Nevada was admitted into the Union on an equal footing with the original states. The literal text of the original, signed copy of the constitution filed in the office of the secretary of state has been retained, unless it has been repealed or superseded by amendment. Where the original text has been amended or where a new provision has been added to the original constitution, the source of the amendment or addition is indicated in the source note immediately following the text of the amended or new section. Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada.] _________ [Preliminary Action.] Ordinance. Preamble. Article. 1. Declaration of Rights. 2. Right of Suffrage. 3. Distribution of Powers. 4. Legislative Department. 5. Executive Department. 6. Judicial Department. 7. Impeachment and Removal From Office. 8. Municipal and Other Corporations. 9. Finance and State Debt. 10. Taxation. 11. Education. 12. Militia. 13. Public Institutions. 14. Boundary. 15. Miscellaneous Provisions. 16. Amendments. 17. Schedule. XVIII. [Right of Suffrage.] Repealed in 1992. 19. Initiative and Referendum. [Election Ordinance.] _________ [PRELIMINARY ACTION.] WHEREAS, The Act of Congress Approved March Twenty First A.D. -
THE CHARTER TOWNSHIP ACT Act 359 of 1947 an ACT to Authorize the Incorporation of Charter Townships; to Provide a Municipal Char
THE CHARTER TOWNSHIP ACT Act 359 of 1947 AN ACT to authorize the incorporation of charter townships; to provide a municipal charter therefor; to prescribe the powers and functions thereof; and to prescribe penalties and provide remedies. History: 1947, Act 359, Eff. Oct. 11, 1947;Am. 1998, Act 144, Eff. Mar. 23, 1999. The People of the State of Michigan enact: 42.1 Short title; charter townships; incorporation; powers, privileges, immunities and liabilities; petition; special census; expenses. Sec. 1. (1) This act shall be known and may be cited as “the charter township act”. (2) A township, having a population of 2,000 or more inhabitants according to the most recent regular or special federal or state census of the inhabitants of the township may incorporate as a charter township. The charter township shall be a municipal corporation, to be known and designated as the charter township of ............................, and shall be subject to this act, which is the charter of the charter township. The charter township, its inhabitants, and its officers shall have, except as otherwise provided in this act, all the powers, privileges, immunities, and liabilities possessed by a township, its inhabitants, and its officers by law and under chapter 16 of the Revised Statutes of 1846, being sections 41.1a to 41.110c of the Michigan Compiled Laws. (3) A special census of the inhabitants of a township desiring to incorporate under this act shall be taken by the secretary of state upon receipt of a petition signed by not less than 100 registered electors of the township. -
Code City Handbook Code City Handbook Copyright © 2009 by MRSC
Code City Handbook Code City Handbook Copyright © 2009 by MRSC. All rights reserved. Except as permitted under the Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means or stored in a database or retrieval system without the prior written permission of the publisher; however, governmental entities in the state of Washington are granted permission to reproduce and distribute this publication for official use. MRSC 2601 Fourth Avenue, Suite 800 Seattle, WA 98121-1280 (206) 625-1300 (800) 933-6772 www.MRSC.org June 2009 $30 Preface In order to meet the needs of officials in Optional Municipal Code cities and assist them in the performance of their responsibilities, this Code City Handbook has been prepared, updating Report No. 37, published in March 1997. This report has been prepared to provide essential information for code city officials and to indicate their powers and duties and alternatives that are available under the applicable forms of municipal government. While every attempt has been made to make this publication comprehensive and understandable, we recognize that additional detail or clarification will be required periodically. Requests for information or comments on this publication are accordingly invited. Information on other specific municipal topics that are relevant to code cities, is available in the following publications: Local Ordinances (Report No. 50); The New Bidding Book for Washington Cities and Towns (Report No. 52); Knowing the Territory: Basic Legal Guidelines for City, County and Special District Officials (Report No. 47); The Appearance of Fairness Doctrine in Washington State (Report No. -
Amicus Curiae the Chickasaw Nation Counsel for Amicus Curiae the Choctaw Nation of FRANK S
No. 18-9526 IN THE Supreme Court of the United States ———— JIMCY MCGIRT, Petitioner, v. STATE OF OKLAHOMA, Respondent. ———— On Writ of Certiorari to the Court of Criminal Appeals of the State of Oklahoma ———— BRIEF OF AMICI CURIAE TOM COLE, BRAD HENRY, GLENN COFFEE, MIKE TURPEN, NEAL MCCALEB, DANNY HILLIARD, MICHAEL STEELE, DANIEL BOREN, T.W. SHANNON, LISA JOHNSON BILLY, THE CHICKASAW NATION, AND THE CHOCTAW NATION OF OKLAHOMA IN SUPPORT OF PETITIONER ———— MICHAEL BURRAGE ROBERT H. HENRY WHITTEN BURRAGE Counsel of Record 512 N. Broadway Avenue ROBERT H. HENRY LAW FIRM Suite 300 512 N. Broadway Avenue Oklahoma City, OK 73102 Suite 230 Oklahoma City, OK 73102 (405) 516-7824 [email protected] Counsel for Amici Curiae [Additional Counsel Listed On Inside Cover] February 11, 2020 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 STEPHEN H. GREETHAM BRAD MALLETT Senior Counsel Associate General Counsel CHICKASAW NATION CHOCTAW NATION OF 2929 Lonnie Abbott Blvd. OKLAHOMA Ada, OK 74820 P.O. Box 1210 Durant, OK 74702 Counsel for Amicus Curiae the Chickasaw Nation Counsel for Amicus Curiae the Choctaw Nation of FRANK S. HOLLEMAN, IV Oklahoma DOUGLAS B. ENDRESON SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP 1425 K St., NW Suite 600 Washington, DC 20005 (202) 682-0240 Counsel for Amici Curiae the Chickasaw Nation and the Choctaw Nation of Oklahoma TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................ ii INTEREST OF AMICI CURIAE ........................ 1 SUMMARY OF ARGUMENT ............................. 5 ARGUMENT ........................................................ 5 I. OKLAHOMA’S AND THE NATIONS’ NEGOTIATED APPROACH TO SET- TLING JURISDICTIONAL ISSUES ON THEIR RESERVATIONS BENEFITS ALL OKLAHOMANS .............................. -
Do Top Business Leaders Make Good Governors? a Regression Discontinuity Design
1 Paper Presented for 5th Annual Public Finance Consortium— “Politics and Administration in Public Finance” School of Public and Environmental Affairs Indiana University, Bloomington Do Top Business Leaders Make Good Governors? A Regression Discontinuity Design Can Chen, PhD Associate Professor Andrew Young School of Policy Studies Georgia State University Boyuan Zhao PhD Candidate Department of Public Policy and Administration Florida International University Please do not cite this paper without the authors’ permission. 1 2 INTRODUCTION Recently, a growing number of politicians with prominent business backgrounds are joining the battlefield of politics, running for key positions in offices. Donald Trump is the most recent example of a U.S. president who has constructed his own successful business empire before his political life. At state level, successful business figures have turned into politics and won governorship in different states. For example, Rick Scott, the 45th governor of Florida, was the owner of Hospital Corporation of America and a venture capitalist, and Kevin Stitt, current governor of Oklahoma, was the founder, chairman and CEO of Gateway Mortgage Group. These candidates have successful executive experience as business leaders, while many of them have little or no experience in public offices prior to their governor tenure. Their professional career path distinctively contrasts with “conventional” career politicians who typically hold law degrees, start their career from legal affair positions, and climb up the political ladder gradually. State governors are key actors in the budgeting process of the states. Governors are responsible for budget development and recommendation, in which promote their policy preference. Besides, they have line-item veto power on the state budget. -
Engrossed Senate Concurrent Resolution No
ENGROSSED SENATE CONCURRENT RESOLUTION NO. 41 By: Taylor, Cain, Campbell, Capps, Coffee, Crutchfield, Dickerson, Douglass, Dunlap, Easley, Fair, Fisher, Ford, Haney, Harrison, Helton, Henry, Herbert, Hobson, Horner, Johnson, Kerr, Laughlin, Leftwich, Littlefield, Maddox, Martin, Mickle, Milacek, Monson, Morgan, Muegge, Nichols, Price, Pruitt, Rabon, Reynolds, Riley, Robinson, Rozell, Shurden, Smith, Snyder, Stipe, Wilcoxson, Wilkerson, Williams and Williamson of the Senate and Adair of the House A Concurrent Resolution honoring Governor Henry L. Bellmon upon the occasion of his 80th birthday; welcoming Governor Bellmon back to the State Capitol; and directing distribution. WHEREAS, Henry Louis Bellmon was born September 3, 1921, on a farm near Tonkawa in Kay County, Oklahoma. Henry Bellmon was educated in Noble County public schools and graduated from Billings High School in 1938. He attended Oklahoma Agricultural and Mechanical College, now Oklahoma State University, graduating in 1942 with a degree in agriculture; and WHEREAS, Henry L. Bellmon joined the United States Marine Corps during World War II. He served with a tank company for over three years, participating in four Pacific battles, including Iwo Jima. He was presented with the Legion of Merit and Silver Star for his military service. A complete list of his military honors and appointments would be too lengthy to include; and WHEREAS, Henry L. Bellmon, at the age of 25, was elected to the Oklahoma House of Representatives in 1946. In 1950 he returned to his farm near Billings to raise wheat and cattle as well as to hunt and fish; and WHEREAS, Henry L. Bellmon served as Republican State Chairman in 1960 and in 1962 was elected Oklahoma's first Republican Governor. -
Oklahoma State Election Board
OKLAHOMA STATE ELECTION BOARD June 2, 2021 The Honorable Jim lnhofe, United States Senator The Honorable James Lankford, United States Senator Senators lnhofe and Lankford: As Oklahoma's chief election official, I am writing to make you aware of my concerns regarding S.1, companion legislation of H.R.1, which was considered by the United States Senate Rules Committee on May 11, 2021. In short, S.1 is an unnecessary (and constitutionally dubious) federalization of election administration policy that would negatively impact our ability to administer fair and secure elections in Oklahoma. The administration of elections should be left to the States, as the Constitution and our federal form of government intends. The justification for S.1 that I hear most often from its proponents is that it is necessary to counter new "voter suppression" la ws in the States. But the concerns about these new election laws seem exaggerated, and in many cases appear to be based on misinformation about the content of those laws. Furthermore, regardless of what is happening in other States, there is no evidence of "voter suppression" here in our state. S.1 seeks to supersede most of Oklahoma's election administration and election integrity laws. For example, it legalizes absentee ballot harvesting and makes it virtually impossible to verify the identity of in-person and absentee voters - in direct contravention of Oklahoma's election laws. S.1 also attempts to micromanage some of the most minute details of election administration, such as voting hours and polling place locations. S.1 is not compatible with Oklahoma's election deadlines. -
Summary of Oklahoma State Laws Applicable to Municipal Accounting and Finance 2018
SUMMARY OF OKLAHOMA STATE LAWS APPLICABLE TO MUNICIPAL ACCOUNTING AND FINANCE 2018 INTRODUCTION This guide has been developed by Crawford & Associates, P.C. from codified State statute publications and is intended to serve as a reference tool for quick identification of Oklahoma State laws applicable to municipal finance and accounting issues. This guide is not intended to an all-inclusive summary of all statutory provisions applicable to cities and towns, but it is designed to assist municipal official and auditors in identifying provisions of State law for further research. The topic areas addressed in this guide are as follows: • Forms of Municipal Government and Officers Duties • Legally Required Funds • Municipal Budgeting • Deposits and Investments • Revenue Restrictions • Debt Restrictions and Limitations • Payroll, Purchasing and Spending • Public Trusts and Authorities • Miscellaneous Provisions An important point to be noted is that this guide addresses Oklahoma State statutes only. Each local government may have a charter, code of ordinances, and/or resolutions that may provide more stringent requirements than these State laws. On subjects of local interest only (seek legal counsel advice on the definition of these items), where conflicts of law exist between State statutes and the local law, normally the local law will prevail. However, in subjects that are not of local interest only, generally the more stringent requirements will prevail, whether in State law or local law. In monitoring compliance with legal requirements -
THE IMPEACHMENT of J.C. "JACK" WALTON T
THE IMPEACHMENT OF J.C. "JACK" WALTON t,. :; 'L' iJi: i, ,. \ i,.\ )L COLLEuf, L llJ R/1.. H.Y i OCT 20 1937 THE IMPEACHMENT OF J.C. "JACK" WALTON By CLARENCE C. WYATT " Bachelor of Science SOUTHWESTERN STATE TEACHERS' COLLEGE Weatherford, Oklahoma 1929 Submitted to the Department of History Oklahoma Agricultural and Mechanical College In Partial Fulfillment of t he Requirements For the Degree or MASTER OF ARTS 1937 ·. ... : .,.. : : .. ·.. ' . : . ~ . .. .. .'- . .. ..... , ... .. : ·. : : : . ., . .. .. .. ., . .. .. ii APPROVED: 100570 PREFACE In fiction, no subject could lend more glamour or colorful romance than that which has been treated only his torically here. The purpo.se of this script, however, is to present an •. unbiased, authen1c, "birds-eyen view of the political strife in the state of Oklahoma during the year 1923. The data used has been gathered from newspaper .files, men who were concerned personally with the situation at the time of its occurrence, and documentary records, such as have been preserved by the State's Courts and Legislature. The study includes a short review of the life history of the chief character. The writer wants to express his gratitude to Doctor T. H. Reynolds for the many helpful suggestions given him in compil ing this piece of work. He also thanks, .former Governor, J. c. Walton, former Senators, L. L. West and James A. Land, former Representatives James R. Tolbert and W.• D. McBee, Adjustant General, Charles F. Barrett, Oklahoma Hlsto~!an, Joseph B. Thoburn and others for the use of their documents and time given for conferences. In addition to these he wants to further express his appreciation to Mrs. -
How Did Law, Order, and Growth Develop in Oklahoma?
Chapter How did law, order, and growth develop 10 in Oklahoma? Where did the name “Oklahoma” originate? In 1866, the U.S. and Five Civilized Tribes signed the Reconstruction treaties. That was when Choctaw Chief Allen Wright coined the word “Oklahoma.” He made it from two Choctaw words, “okla” and “humma,” meaning “Land of the Red Man.” He meant it for the eastern half of Indian Terri- tory, the home of the five tribes. In later years, however, “Oklaho- ma country” became the common name for the Unassigned Lands. It was 1890 when the western half of the old Indian Territory became the Territory of Oklahoma. What was provisional government? On April 23, 1889, the day after the Land Run, settlers met in Oklahoma City and Guthrie to set up temporary governments. Other towns followed suit. Soon all the towns on the prairie had a type of skeleton government, usually run by a mayor. Homesteaders also chose town marshals and school boards. They chose committees to resolve dispute over land claims. Sur- veyors mapped out Guthrie and Oklahoma City. There were dis- putes about an unofficial government making official property Allen Wright Oklahoma Historical lines, but, later, the surveys were declared legal. Today, they remain the Society basis for land titles in those cities. The temporary or provisional governments were indeed “unof- ficial.” They succeeded only because the majority of people agreed to their authority. Not everyone agreed, however, and crime was hard to control. Often troops from Fort Reno closed the gap between order and disorder. The army’s presence controlled violence enough to keep set- tlers there. -
PREEMPTION: BASIC TERMS and CONCEPTS Preemption: Legislative Action by a Superior Sovereign (Federal Or State Government) That E
PREEMPTION: BASIC TERMS AND CONCEPTS Preemption: Legislative action by a superior sovereign (federal or state government) that expressly or impliedly precludes or displaces regulation of a particular subject or activity by a subordinate entity (state, county, municipal government) that is properly within the jurisdiction of said sovereign. Federal Preemption emanates from Article VI, §2 of the United States Constitution ("supremacy clause") which provides that Congress may enact laws that preclude state or local regulation on the same subject as long as it is acting within the scope of its authority under Article I, §8. The origin of this interpretation by the United States Supreme Court can be traced to early decisions defining the scope of federal power including McCulloch v. Maryland, 17 U.S. 316 (1819) and Gibbons v. Odgen, 22 U.S. 1 (1824). However, the doctrine as it is applied today is largely a byproduct of the proliferation of federal regulation beginning in the 1970's.1 It is important to note that Congress can also delegate to a federal agency the power to preempt state requirements when it adopts enabling legislation in a particular field. Chevron Oil USA Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984). State Preemption in contrast, is premised upon interpretations of state constitutional provisions which hold that local governments possess only those powers delegated by the state legislature. Or, as more eloquently stated by Professor Maurice H. Merrill: "The great weight of American authority proclaims that 'municipalities have in inherent right of self-government which is beyond the legislative control of the state,' and that 'the state may withhold, grant or withdraw powers or privileges as it sees fit.'"2 Express Preemption: A statutory provision and/or legislative findings that explicitly declares state law (or local law) shall be preempted.