Final Flashcards
States
Primarily through reserved powers 10th amendments
Local governments
Primarily through specific grants, power is delegated in detail
Classic definition of federalism
A system of government consisting of the nation government and its three branches state government and it’s three benches and local government
Relationship between the states and their local governments is
Not a partnership at all, or lopsided where state is the dominant powerî
Montana constitution defines local government as
Counties and Incorporated cities and towns
Montana does not have
Townships
Counties are our
Oldest unit of government, first major subdivision in most states in some states, counties are called parishes and bureaus
Counties exist to
Perform state functions at the local level
Most county government in the US utilize or are required to utilize our form of government called
The commission form
The commission form is
The legislative body and must be elected
The county legislative body is
County commission
In most states the County commission is comprised of
Three elected commissioners
Problem with three
One dominant personality can control the actions/decisions of the commission is that person can influence one of the other two commissioners
The roles of counties began changing after
World war two
Dillons rule
A rule of judicial interpretation that a municipality may exercise only those powers expressively conferred by statute necessarily or fairly implied by the express power in the statue or sensual and not merely convenient
Dillons rule effectively means
No such thing as implied powers
Dillons approach is
One size fits all, counties with small or large populations must follow the same rules
When Montana was admitted in 1889 it had
10 counties
In 1928 thanks to a new law Montana had
55 counties one created later for Fergus county
Primary motivation to reduce the size of counties was
To reduce the distance to the county seat to conduct business it such as voting filing property deeds and records paying taxes etc
The second motivation to reduce the size of counties was
Have a higher degree of local control of self government by being able to select an interact more directly with those elected to perform state functions
Forms of County Government
Commission form, commission manager form, commission executive form, commission per siding officer form
Commission form
Voters elect county commissioners and justice of the peace, commissioners appoint county officials 95% of counties do this
Commission manager form
Voters elect county commissioners and justice of the peace, commissioners appoint county manager who appoints all employees
Commission executive form
Voters elect county commissioners, executive, and justice of the peace, executive elects all board members
Commission presiding officer form
Voters elect county commissioners and justice of the peace, commissioners elect presiding officier who appoints departments
In Montana once every 10 years the voters of each county presentation about that are given the opportunity to vote on whether
They would like to change the form of government, there for two hours voter review of local government
Form a municipal government
State gov has no role in corporation, provides services desired by a group of citizens, services like fire sewar water planning library
An elected mayor is the chief executive who is responsible for
The administration of the municipal government, city council is legislative
Most of the larger cities in Montana utilize
The commission manager form of government
Powers of local governments under the 1972 Montana constitution
Delegated and reserved
Delegated
Called general government power
Reserved
Called self government powers