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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1020   View pdf image (33K)
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impose something en the city without its request.

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What I was saying was, New York's present

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revenue situation is an example of the kind of problem

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existing in some major cities where you have to depend on

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the Legislature to make the grant. If a broad grant is

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made at the outset, the power would remain until the Legis-

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lature decided to take it away or to qualify it.

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MR. MELVIN: You mentioned in Missouri and, I

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think, California, where they have the residual power

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theory —

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DEAN FORDHAM; No, they don't, they have this

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dichotomy of distinction between State concerns and local

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affairs. That is what I object to.

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MR. MELVIN: What States have these residual

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power theories?

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DEAN FORDHAM: The only one that fully has it

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now in express terms is Alaska, but Texas has it by inter-

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pretation. Pennsylvania has it, as I said a while ago,

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by force of the way the enabling act was adopted. The

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constitution doesn't grant the powers expressly.

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In extending home rule powers to Philadelphia,



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1020   View pdf image (33K)
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