EXTRAORDINARY growth in suburban population is creating complex physical, social, and fiscal problems.' Although these problems have been cast upon an archaic structure of local government which often impedes their efficient and equitable solution, answers to the problems cannot be deferred until the structure of local government is modernized. Nor are the affected suburban communities all alike; they include "employing," "mixed," and "residential" centers, and range from old, established, higher income municipalities to sparsely settled, unincorporated areas of still uncertain character. 2 In spite of their differences, most of these communities have the common problem of providing necessary capital facilities and service levels for newcomers without imposing extraordinary revenue burdens on present residents. Local governments already'raise and spend vast sums of money. In 1952, municipalities spent'about 8.4 billion dollars to support such functions as protection of persons, transportation, education, sanitation, welfare, and recreation. 3 The 1961 bill was 16.5 billion dollars. 4 Of the 1961 total local revenue of 15.8 billion dollars over 47 percent came from local taxes, 37 percent from charges for utilities and other local sources. Less than 16 percent came from
C ONSTITUTIONAL DOCTRINE is too often used to define what ought to be. Because the federal courts have refused to find de facto segregation covered by the doctrine of the Brown case, school superintendents conclude not only that nothing need be done to reduce racial concentrations in the schools, but that nothing should be done.' Or, in the salad days of urban renewal, the narrow scope of constitutionally defined "just compensation" was seen as the wise measure of damages for relocatees despite the evident inadequacy of this formula to compensate for the many harms imposed on those whose lives were disrupted for the benefit of society.' Much of the debate at Berkeley concerning "students' rights" and institutional authority has similarly been couched in constitutional terms. Student attention is focussed too much on claims of legal rights to free expression which they assert must be honored on the campus as well as off. The Regents reply that their policies "do not contemplate that advocacy or content of speech shall be restricted beyond the purview of the First and Fourteenth Amendments to the Constitution" 3 without apparent support for a commitment to the merits of an open society. The General Counsel opines that a particularly ambiguous proposed general standard of conduct is permissible, citing a number of decisions in which judges, at various times in the past and on various doctrinal grounds, have refused to interfere with dismissal of students. Nothing is said about the dangers of a vague, open-ended standard (in this case that students are "required to observe generally accepted standards of conduct");4 nor is any alternative language proposed which might better identify
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