Reference no: EM133285487
The city of Mooku has a population of 500,321 and is located in the state of Midlands. It is a home rule city, but, like many large cities, it is very different demographically and politically from the rest of Midlands. One result of these differences between the state and the city, is that the city does not have many supporters in the state legislature. The two major political parties in Midlands are the People's Alliance Party and the Green Party. Mooku usually supports the Green Party, whereas the rest of Midlands tends to support the People's Alliance Party.
The People's Alliance Party has a large majority in the state legislature and controls the governorship. In this year's state legislative session, the legislature has decided to implement several pieces of legislation that will significantly affect Mooku.
First, the legislature passed a law mandating that all municipalities turn over all federal transportation money that they have received to the state department of transportation for distribution according to a state plan that the governor says will be fairer to all of Midlands' communities. Mooku has recently received $6 million for road construction from the federal government pursuant to an appropriation that was designated specifically for Mooku to use for that purpose.
Second, the legislature passed a law changing Mooku's municipal boundaries so that the northwestern and southeastern Mooku are no longer a part of the city. This was done, ostensibly, to rationalize service delivery, because these parts of the city were relatively geographically isolated from the city center, but it will have the effect of giving the People's Alliance an advantage in city elections, because the parts that were separated from the city tend to vote heavily for the Green Party.
Third, the legislature passed a law turning over control of roads and bridges in all municipalities, including construction decisions, to newly created municipal transportation control boards. These boards are supposed to make transportation policymaking more accountable to the people who primarily use the roads, so the legislation stipulated that the members of the boards are to be elected by the residents of the municipality who are registered owners of motor vehicles.
Questions:
1. Is the state law taking away Mooku's federal transportation money preempted by federal law?
2. Does the state law changing the boundaries of the City of Mooku violate the federal constitutional rights of the citizens who were separated from the city against their will?
3. Does the state law enfranchising only motor vehicle owners in elections for the new municipal transportation boards violate the federal constitutional rights of city residents who do not own motor vehicles?
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