Localism in State Constitutional Law

In: The annals of the American Academy of Political and Social Science, Volume 496, Issue 1, p. 117-127

Abstract

It is a truism of state constitutional law that states have plenary authority over local governments. Some scholars believe that giving local governments more power would be an appropriate reform. A review of the school finance and exclusionary zoning litigations of the past two decades, however, indicates that local governments have considerable autonomy and that many state courts are committed to notions of local control. This state court commitment to localism has frequently been grounded in concerns for protection of the home and family. Such localism is problematic given the limited fiscal capacity of many localities and the external effects of certain local actions. Many localities would, in fact, be better off if the states were compelled to assume greater oversight and fiscal responsibility for local affairs.