Local Government in The United States - History of Local Government in The United States

History of Local Government in The United States

When America was settled by Europeans from the 17th century onward, there was initially little control from governments back in Europe. Many settlements began as shareholder or stockholder business enterprises, and while the king of Britain had technical sovereignty, in most instances "full governmental authority was vested in the company itself." Settlers had to fend for themselves; compact towns sprung up based as legal corporations in what has been described as "pure democracy":

The people, owing to the necessity of guarding against the Indians and wild animals, and to their desire to attend the same church, settled in small, compact communities, or townships, which they called towns. The town was a legal corporation, was the political unit, and was represented in the General Court. It was a democracy of the purest type. Several times a year the adult males met in town meeting to discuss public questions, to lay taxes, to make local laws, and to elect officers. The chief officers were the "selectmen," from three to nine in number, who should have the general management of the public business; the town clerk, treasurer, constables, assessors, and overseers of the poor. To this day the town government continues in a large measure in some parts of New England.

Propertied men voted; in no colonies was there universal suffrage. The founding by a group of Puritans in 1629, led by John Winthrop came with the understanding that the enterprise was to be "based in the new world rather than in London". Small towns in Massachusetts were compared to city-states in a somewhat oligarchic form, but an oligarchy based on "perceived virtue" rather than wealth or birth. The notion of self-government became accepted in the colonies although it wasn't totally free from challenges; in the 1670s, the Lords of Trade and Plantations (a royal committee regulating mercantile trade in the colonies) tried to annul the Massachusetts Bay charter, but by 1691, the New England colonies had reinstalled their previous governments.

Voting was established as a precedent early on; in fact, one of the first things that Jamestown settlers did was conduct an election. Typically, voters were white males described as "property owners" aged twenty-one and older, but sometimes the restrictions were greater, and in practice, persons able to participate in elections were few. Women were prevented from voting (although there were a few exceptions) and African-Americans were excluded. The colonists never thought of themselves as subservient but rather as having a loose association with authorities in London. Representative government sprung up spontaneously in various colonies, and during the colonial years, it was recognized and ratified by later charters. But the colonial assemblies passed few bills and did not conduct much business, but dealt with a narrow range of issues, and legislative sessions lasted weeks (occasionally longer), and most legislators could not afford to neglect work for extended periods; so wealthier people tended to predominate in local legislatures. Office holders tended to serve from a sense of duty and prestige, and not for financial benefit.

Campaigning by candidates was different from today's. There were no mass media or advertising. Candidates talked with voters in person, walking a line between undue familiarity and aloofness. Prospective officeholders were expected to be at the polls on election day and made a point to greet all voters. Failure to appear or to be civil to all could be disastrous. In some areas, candidates offered voters food and drink, evenhandedly giving "treats" to opponents as well as supporters.

Taxes were generally based on real estate since it was fixed in place, plainly visible, and its value was generally well known, and revenue could be allocated to the government unit where the property was located.

After the American Revolution, the electorate chose the governing councils in almost every American municipality, and state governments began issuing municipal charters. During the 19th century, many municipalities were granted charters by the state governments and became technically municipal corporations. Townships and county governments and city councils shared much of the responsibility for decision-making which varied from state to state. As the United States grew in size and complexity, decision-making authority for issues such as business regulation, taxation, environmental regulation moved to state governments and the national government, while local governments retained control over such matters as zoning issues, property taxes, and public parks. The concept of "zoning" originated in the U.S. during the 1920s, according to one source, in which state law gave certain townships or other local governing bodies authority to decide how land was used; a typical zoning ordinance has a map of a parcel of land attached with a statement specifying how that land can be used, how buildings can be laid out, and so forth. Zoning legitimacy was upheld by the Supreme Court in its Euclid v. Ambler decision.

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