A Redistributive Role for Local Government

Urban Lawyer, Vol. 36, No. 4, Fall 2004

44 Pages Posted: 18 Jun 2004

See all articles by Minor Myers

Minor Myers

University of Connecticut - School of Law

Abstract

With the welfare reforms of 1996, the federal government transferred to the states substantial authority over the structure, scope, and generosity of the nation's largest redistributive program, now known as Temporary Assistance for Needy Families. As many have shown, however, states suffer from a structural handicap - the inability to dissuade new entrants who would be a net drain on the state fisc - that prevents them from matching the redistributive desires of their residents.

This paper argues that local governments, given their unique organizational characteristics, should receive a larger share of redistributive responsibility in the U.S. Unlike the federal government, local governments can respond to local preferences for redistribution and, unlike states, which are subject to the Supreme Court's right to travel doctrine, they have sufficient ability through zoning and property taxation to limit the influx of new recipients.

This paper also articulates in a general way what such a role might look like. In short, local governments should play a larger role in the Temporary Assistance for Needy Families program. Also, states should reinforce the powers that enable localities to be such effective mechanisms of redistribution in the first place so they can redistribute effectively to their own residents and those of neighboring local governments.

Keywords: Local government, zoning, property taxation, migration, welfare magnet, welfare, PRWORA, redistribution, tiebout, public finance, organizational law, fiscal zoning, federalism

JEL Classification: L38

Suggested Citation

Myers, Minor, A Redistributive Role for Local Government. Urban Lawyer, Vol. 36, No. 4, Fall 2004, Available at SSRN: https://ssrn.com/abstract=556542

Minor Myers (Contact Author)

University of Connecticut - School of Law

65 Elizabeth Street
Hartford, CT 06105
United States

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