Chapter 3

In this book, the terms town and city are used interchangeably. There is not an agreed-upon American definition of what constitutes a town. Particular geographic areas of the nation use the term town differently. In some places, a town is an unincorporated city without governmental powers (which I will explain in the following paragraphs). In other places, the term town is based on a specified population quota that is less than what is required to be considered a city, but a town still has the ability to be incorporated. Connecticut, New Jersey, and Pennsylvania use the term borough to mean an incorporated municipality. Sometimes the term village also means an incorporated municipality. In Ohio, for example, a village means a small city—when a village exceeds 5,000 electors, it becomes a city. However, a village can also mean an unincorporated area in a larger city. Lastly, New York, Oregon, and Mississippi have hamlets; each state interprets hamlet differently, but none acts as an incorporated municipality. Austin Fernald, “The Difference between a Town and a City; plus Counties, Villages and More,” ZoningPoint (blog), May 22, 2023.

“In most States, multi-county places are common; however in the New England States and the States of California, Montana, Nevada, and New Jersey, incorporated places do not cross county lines.” U.S. Department of Commerce, Economics and Statistics Administration, Bureau of the Census, “Places,” chap. 9 in Geographic Areas Reference Manual (GARM), 9-9, issued November 1994.

“Cities 101—Types of Local US Governments,” National League of Cities, December 13, 2016.

For a list of the oldest city in each of the fifty states, see Alex Egoshin “The Oldest Cities in the U.S. Mapped,” Vivid Maps, March 23, 2022.

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 456.

Two sample preambles are as follows:Preamble for St. Augustine Beach, Florida:“We the people of the City of St. Augustine Beach, Florida, under the constitution and laws of the United States of America and the State of Florida, in order to provide the benefits of local government responsive to the will and values of our citizens, do hereby adopt this Charter to define the powers and structure of our government. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. We believe in an open, responsive government that abides by the highest ethical standards, operates as a careful steward of the human, fiscal, and natural resources of our city; that allows for fair and equitable participation of all persons in the affairs of the city; that provides for transparency, accountability, and ethics in governance; that fosters fiscal responsibility; and that meets the needs of a healthy, progressive city. “St. Augustine Beach, Florida—Code of Ordinances / Charter Laws,” Municode. Preamble for Honolulu, Hawaii:“We, the people of the City and County of Honolulu, accepting responsibility to seek to achieve in our time that righteousness by which the life of our land is preserved and to encourage and enable our people to participate in their governance, do hereby adopt this Charter of the City and County of Honolulu.” “Revised Charter of the City & County of Honolulu 1973 (Amended 2017 Edition),” City and County of Honolulu, January 4, 2021, c.

Nestor M. Davidson, “Local Constitutions,” Texas Law Review 99, no. 5 (April 29, 2021).The Anchorage Bill of Rights, for example, sets forth rights such as “the right of immunity from official actions of the assembly taken after 12:00 midnight and before 7:00 a.m., actual time.” Charter of Anchorage, Alaska, Art. II, § 5.

Charles R. Adrian, State and Local Governments, 2nd ed. (New York: McGraw-Hill, 1967), 125.

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 456.

Narrow powers of local governance were defined by two court cases decided by Judge John F. Dillon in 1868 and are known as Dillon’s Rule, which asserts that local “government may engage in an activity only if it is specifically sanctioned by the state government.” Dillon’s Rule was upheld by the U.S. Supreme Court in 1907 and 1923. As a result, local governing officials spent much time lobbying for bills to be passed at their statehouses granting local authority and against bills that restricted their authority. “Cities 101—Delegation of Power,” National League of Cities.

National League of Cities. "Cities 101—Delegation of Power.".

Adrian, Charles R. State and Local Governments. 2nd ed., New York: McGraw-Hill, 1967, 127.

Justia, “MO Rev Stat § 81.020 (2022),” US Law.

“Seven Missouri municipalities are still operating under special charters granted before 1875. They are Augusta, Carrollton, Chillicothe, La Grange, Liberty, Miami and Pleasant Hill. If the voters of these municipalities decide to relinquish their special charters, they will be governed by the appropriate sections of the statutes relevant to their population classification.” John R. Ashcroft, “The Missouri Roster: A Directory of State, District, County and Federal Officials,” 161. Eleven cities in New Jersey are special charter cities. “Inventory of Municipal Forms of Government in New Jersey,” New Jersey Legislative District Data Book, July 1, 2011, 13–14.

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 456.

Adrian, State and Local Government, 126. New Jersey offers fourteen options for its cities’ charter choices.

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 456.

Under the New Jersey optional municipal charter law, there are four options of governmental systems: mayor-council, council-manager, small municipality, and the mayor-council administrator. “Inventory of Municipal Forms of Government in New Jersey,” New Jersey Legislative District Data Book, 13–14.See also “Types of Charters,” University of Tennessee Municipal Technical Advisory Service (MTAS).

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 126.

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 456.

Municipal Research and Services Center (MRSC). "City and Town Classification." Last modified February 23, 2024.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 127.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 127.

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 457.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 128.

I recommend David R. Berman’s book, Local Government and the States: Autonomy, Politics, and Policy, 2nd. ed. (New York: Routledge, 2020), particularly the chapter titled “States, Cities, Home Rule: The Historical Perspective.” Also see, Joshua A Douglas’ article, “The Right to Vote under Local Law,” George Washington Law Review 85, no. 4 (July 2017). “Local democracy has always been important, but the ability of local governments to meet the needs of their communities in today’s climate is insufficient . . . The time for a new, vigorous vision of home rule has arrived.” Clarence E. Anthony, foreword to “Principles of Home Rule for the 21st Century.,” National League of Cities, 2020.

Thomas C. Zambito, “NY created an agency to OK wind and solar projects quickly. Upstate towns aren’t happy,” Journal News, October 12, 2022, LoHud.

“Question 403: What is the principle of subsidiarity? The principle of subsidiarity states that a community of a higher order should not assume the task belonging to a community of a lower order and deprive it of its authority. It should rather support it in case of need.” Pope Benedict XVI, Compendium of the Catechism of the Catholic Church (Vatican City: Libreria Editrice Vaticana, 2005), sec. 3.I.2.

Idaho Secretary of State, Idaho Blue Book (Caldwell, ID: Caxton Printers, 2021).

Herbert Sydney Duncombe and Robert Weisel, State and Local Government in Idaho and in the Nation (Moscow, ID: University Press of Idaho, 1984), 122.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 115.

California Senate Local Government Committee, What’s So Special About Special Districts? A Citizen’s Guide to Special Districts in California, 4th ed.(October 2010), 3.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 116.

Kentucky has three forms of city government across the state. “Form of Government,” Kentucky League of Cities.

“Knowing Your Roles: City and Town Governments,” MRSC Insight (blog), Municipal Research and Services Center, January 10, 2024.

“Cities 101—Mayoral Powers,” National League of Cities, December 13, 2016.

Rice, Bradley R. "Commission Form of City Government." Handbook of Texas Online, 1952. Updated June 1, 1995, 1952.

“Municipal Form of Government (2018–19),” International County-City Management Association (ICMA), July 2, 2019.

International County-City Management Association (ICMA). "Municipal Form of Government (2018–19).".

Christopher A. Simon, Brent S. Steel, and Nicholas P. Lovrich, “Municipal commission government,” sec. 7.I.III in State and Local Government and Politics: Prospects for Sustainability (Corvallis: Oregon State University, 2019).

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 459.

Portland, Oregon had been a large city utilizing this model of governance, but it no longer does so. “Portland voters approve charter reform, city launches transition,” City of Portland, November 9, 2022.

Rice, Bradley R. "Commission Form of City Government." Handbook of Texas Online, 1952. Updated June 1, 1995.

International County-City Management Association (ICMA). "Municipal Form of Government (2018–19).".

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 459.

National Civic League, Model City Charter, 8th ed., Second Printing (Denver, CO: National Civic League Press, 2011), 29.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 225.

“The city should provide extra compensation for the mayor because, in addition to regular responsibilities as a council member, the mayor has intergovernmental, ceremonial, and city related promotional responsibilities.” National Civic League, Model City Charter, 12.

Simon, Steel, and Lovrich, “City managers as executives,” sec. 7.I.IV in State and Local Government and Politics.

International County-City Management Association (ICMA). "Municipal Form of Government (2018–19).".

Sanford, William R. and Carl R. Green. Basic Principles of American Government. New York: Amsco School Publications, 1986, 457.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 119–120.

“Chiefs of Police usually are municipal employees who owe their allegiance to a city. Oftentimes, Chiefs are appointed by the Mayor of a city; or, they may be appointed by or subject to the confirmation of a Police Commission.” National Sheriffs’ Association, “FAQ: Question 6.”

“Massachusetts law still provides that no town with a population of less than 12,000 may adopt a city form of government and no town with a population of less than 6,000 may adopt a representative town meeting form of government.” Jean McCarthy, “Why Become a City?” City and Town, Massachusetts Department of Revenue Division of Local Services (MDR) 12, no. 9 (November 1999): 1. “Decisions about which form of government to adopt—including whether to be a city or a town—are made by local voters. Under the Massachusetts Constitution, a municipality must have at least 12,000 people to adopt a city form of government, but there’s no upper limit on the size of a town.” John Ouellette, “Local Government 101,” Massachusetts Municipal Association.

Ouellette, “Local Government 101,” Massachusetts Municiapl Association.

“A New England Tradition,” The Recorder, posted May 3, 2015, YouTube video, 1:29.

International County-City Management Association (ICMA). "Municipal Form of Government (2018–19).".

“In local government, town meeting serves the legislative function, the Select Board serves the executive function, and various boards and committees serve the judicial function.” Rebecca Townsend and Carmin C. Reiss, “An Enduring System of Local Deliberative Democracy: The 21st Century Legal and Normative Structure of Massachusetts Town Meeting,” Journal of Deliberative Democracy 18, no. 1 (June 1, 2022): sec. 3.3.

International County-City Management Association (ICMA). "Municipal Form of Government (2018–19).".

“Town and Township Government in the United States,” National Association of Towns and Townships, 3.

For a visual foray into town meetinghouses, see Paul Wainwright, “A Space for Faith: The Colonial Meeting Houses of New England,” posted by 4x5guy, February 22, 2010, YouTube video, 3:35.

International County-City Management Association (ICMA). "Municipal Form of Government (2018–19).".

International County-City Management Association (ICMA). "Municipal Form of Government (2018–19).".

“Municipal Form of Government,” ICMA, and “Cities 101—Forms of Municipal Government,” National League of Cities.

Connecticut, Illinois, Indiana, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Vermont, and Wisconsin all have town or township government. “Town and Township Government in the United States,” National Association of Towns and Townships, 2.Louisiana has towns (and villages), but it has no township form of government.

“Townships in the U.S.,” Michigan Townships Association.

“Town and Township Government in the United States,” National Association of Towns and Townships, 2–3.

Those states are Alabama, Arizona, Arkansas, Colorado, Delaware, Georgia, Indiana, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, Wyoming. Alexandra Natapoff, “Criminal Municipal Courts,” Harvard Law Review 134, no. 3 (January 2021).

“What Is the Difference between Municipal Court, District Court, and Federal Court?” Roth Davies LLC.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 121.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 312.

Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 312.

Planetizen. What Are Comprehensive Plans?. Planopedia, June 23, 2021.

Almas Tazein, “Vision and Mission of Award-Winning Cities, Municipalities, and Local Governments around the World,” Best Practice Improvement Resource (blog), November 22, 2021.

Henry M. Robert III, Daniel H. Honemann, and Thomas J. Balch, Robert’s Rules of Order Newly Revised, 12th ed. (New York: PublicAffairs, 2020).

Henry M. Robert III, Daniel H. Honemann, and Thomas J. Balch, Robert’s Rules of Order Newly Revised In Brief, 3rd ed., (New York: PublicAffairs, 2020).

There are four types of chambers of commerce: 1) U.S. Chamber of Commerce in Washington, D.C.—a big business organization that lobbies, 2) state chambers—generally having a conservative agenda, 3) city/metro/regional chambers—generally having a progressive agenda and do civic development activities/operate business development districts, 4) local/neighborhood chambers—generally dealing with mainstream issues: how to attract people to the community, to street festivals, by banners on city signs. Renn summarizes that all chambers of commerce hate social conservative policies, thinking that such policies are bad for business. He recommends that Christians not abandon chambers but work with them for the good of the community. Aaron Renn, “A Field Guide to Chambers of Commerce,” The Aaron Renn Show, posted January 31, 2022, YouTube video, 26:58.

Jacques Ellul, The Meaning of the City (Grand Rapids, MI: William B. Eerdmans, 1993), 75.

Ellul, Jacques. The Meaning of the City. Grand Rapids, MI: William B. Eerdmans, 1993, 76.

J. K. Rowling, Harry Potter and the Goblet of Fire (New York: Arthur A. Levine Books, 2000), 602.

Robert L. Morlan, “Local Governments—The Cities,” chap. 14 in The Fifty States and Their Local Governments, ed. James W. Fesler (New York: Alfred A. Knopf, 1967), 494. Regarding the insider (politician) and the outsider (layperson), Morlan says this:The ‘outsider’ possesses the great luxury of free criticism and of considering an issue solely from his own standpoint. As a consequence, he often finds it virtually impossible to conceive how anyone but a fool could think differently. But the man behind the council table does not have this luxury. He has an obligation to look at all sides and to consider all implications of a question. More than that, his responsibility does not terminate with the conclusion of argument—he must vote. He must vote knowing that the issue is not black and white, knowing that there is justice in many of the contentions of the other side, aware that all the facts may not yet be known, conscious of his own fallibility, wishing often that a decision could be postponed, and certain that many people will be unhappy with the outcome. Yet vote he must, and on his vote may ride the decision (494).