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Objectives for Week Ten

Objectives for Week Ten. Discuss State-local IGRs Gambling in the States Hand back midterm papers. Local Government as “Creatures of the State”. City of Clinton v. Cedar Rapids and Missouri Railroad Company – Dillon’s Rule

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Objectives for Week Ten

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  1. Objectives for Week Ten • Discuss State-local IGRs • Gambling in the States • Hand back midterm papers

  2. Local Government as “Creatures of the State” • City of Clinton v. Cedar Rapids and Missouri Railroad Company – Dillon’s Rule “Municipal corporations [local government] owe their origin to , and derive their powers and rights wholly from the Legislature. It breathes into them the breath of life, with which they cannot exist. As it creates, so may it destroy. If it may destroy, it may abridge and control. . . . [local gov’ts] are, so to phrase it, the mere tenants at will of the Legislature.”

  3. State-Local Relationships • State Interference: • Why does it matter? • How might interference occurred? • What are we measuring? • Could we have missed interference? • Interference v. Deference • Bill introduction • Committee work • Big-city delegations • Special local delegation committees • Local referenda

  4. Lessons to be Learned • Difficult to anticipate all issues that will arise • State government is the battleground for local or regional fights • General legislation require more negotiating and cooperation

  5. Tunica, MS: From Desperation to Destination

  6. County Comparisons, 1990

  7. County Comparisons, 2000

  8. Gambling in the States • In 1988, only Atlantic City and Nevada had legalized gambling • 1996, 24 states had some type of legal gambling • 1998, 48 states had some form of legal gambling (28 with casinos)

  9. Eras of Gaming in the U.S. • Charitable Gaming, 1979-88 • Class I and Class II • Rise of Legalized Casinos, 1988-2000 • Class III • Resort-style Gaming, 2001-????

  10. Indian Gaming Regulatory Act of 1988 • Authorized tribes to enter into compacts with state government • Sue in federal court or involve Secretary of Interior • Seminole Tribe case in 1996 • Compacts now include a cut of revenues to state government • Proliferation of gaming and lotteries after 1988 • Particularly in the mid-1990s

  11. Push for Gambling in MS • Governor Mabus sought lottery revenues to boost funding to schools in 1990 • Simultaneous, but less overt, legislative activity to legalize casino-style gambling in MS • Lottery failed, casino legislation passed • Gaming Control Act of 1990 • Authorized casinos in 3 Gulf Coast counties, 11 Mississippi River shore counties • How could the Gaming Control Act pass? • Providing explanations • Politics surrounding gaming = unusual

  12. Implementation of Gaming Control Act of 1990 • State policy towards gambling is lenient • State court asked to rule on constitutionality of the law • County referendum = uniquely structured • Regulatory agency = pro-active • Additional legislative proposals have followed since 1990

  13. Gambling in Tunica, MS • What has gambling meant to Tunica County? • What hasn’t gambling meant to Tunica County? • Would you encourage your governor to go down the same path?

  14. Lessons from Tunica • Impact of constraints on policy-making activity • Political, fiscal, cultural, geographic • Power of deference on “local” issues • Role of courts in process • Nature of representation • Strategic activity in legislature • Translation of law into action

  15. Readings for Next Week: Chapters Eight and Nine, Protecting Soldiers and Mothers, Theda Skocpol

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