Out of Ferguson: Misdemeanors, Municipal Courts, Tax Distribution and Constitutional Limitations

34 Pages Posted: 19 Oct 2016 Last revised: 28 Jun 2018

See all articles by Henry Ordower

Henry Ordower

Saint Louis University - School of Law

J. Onésimo Sandoval

Saint Louis University - Department of Sociology and Anthropology

Kenneth Warren

Saint Louis University - Department of Political Science

Date Written: October 18, 2016

Abstract

The matter of police and municipal courts as revenue producers became increasingly prominent following Michael Brown’s death from a police shooting. This article considers the use of misdemeanors, especially traffic violations, for the purpose of collecting substantial portions of the annual operating budgets in municipalities in St. Louis County, Missouri. The article argues that the revenue raising function of traffic offenses has displaced their public safety and traffic regulation functions. The change in function from public safety to revenue suggests that the governing laws are no longer valid as exercise of policing power but must be reenacted under the taxing power in order to remain valid. Constitutional tax limitations in Missouri, however, prohibit the increase of existing or enactment of new taxes without an affirmative vote of the electorate. Municipalities have circumvented the constitutional taxing limitations by using laws enacted under policing powers in violation of the constitution. The police and the municipal courts enforcing traffic laws have produced a racially discriminatory and regressive local tax system that violates the tax limitations of the Missouri constitution.

Keywords: Policing; Constitutional Tax Limitations; Racial Discrimination; Municipal Courts

Suggested Citation

Ordower, Henry and Onésimo Sandoval, J. and Warren, Kenneth, Out of Ferguson: Misdemeanors, Municipal Courts, Tax Distribution and Constitutional Limitations (October 18, 2016). Howard Law Journal, Vol. 61, No. 113, 2017; Saint Louis U. Legal Studies Research Paper No. 2016-14. Available at SSRN: https://ssrn.com/abstract=2854372

Henry Ordower (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

J. Onésimo Sandoval

Saint Louis University - Department of Sociology and Anthropology ( email )

St. Louis, MO 63101
United States

Kenneth Warren

Saint Louis University - Department of Political Science ( email )

St. Louis, MO 63101
United States

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