This Presentation is the one that i had submitted late and unfortunately i did not have enough time to improve this work because my professor is so strict. :( better luck next time

1. “De jure and De facto
Government”
By: Harold L. Oro

2. De Facto
• De facto. Actually; in fact; in deed. A term
used to denote a thing actually done.
• De facto government. A government de facto
signifies one completely, through only
temporarily, established in the place of the
lawful government; Thomas v. Taylor, 42 Miss.
651, 2 Am. Rep. 625, Chisholm v. Coleman, 43
Ala. 204, 94 Am. Dec. 677, See De Jure
Austin, Jur. Lect. vi. p. 336. Bouvier’s Law
Dictionary, Third Revision (8th
Edition)(1914), Volume 1, page 761.

3. • De facto government. One that maintains
itself by a display of force against the will of
the rightful legal government and is
successful, at least temporarily, in overturning
the institutions of the rightful legal
government by setting up its own in lieu
thereof. Wortham v. Walker, 133 Tex. 255, 128
S.W.2d 1138, 1145. Black’s Law Dictionary 4th
Edition (1951) page 504.

4. • De facto is a Latin expression that means "by [the] fact". In law, it
is meant to mean "in practice but not necessarily ordained by
law" or "in practice or actuality, but without being officially
established". It is commonly used in contrast to de jure (which
means "concerning the law") when referring to matters of
law, governance, or technique (such as standards) that are found
in the common experience as created or developed without or
contrary to a regulation. When discussing a legal situation, de
jure designates what the law says, while de facto designates
action of what happens in practice. It is analogous and similar to
the expressions "for all intents and purposes" or "in fact". The
term de facto as of governments was created after the Argentine
Constitution referred to illegal governments (governing bodies
which Argentina did not acknowledge as individual nations) as
de facto governments. The term de facto may also be used when
there is no relevant law or standard, but a common and well
established practice that is considered the accepted norm

5. • The Second Republic of the Philippines was
a de facto government of paramount
force, having been established by the
Japanese belligerents. On the other hand, in a
decision rendered by the Supreme Court it
declared that the government under Corazon
Aquino was a de jure government as the
people have already accepted it and the
community of nations have recognized its
legitimacy.

7. De jure Government
• De jure government. government de jure, but
not de facto, is one deemed lawful, which has
been supplanted; a government de jure and also
de facto is one deemed lawful, which is present
or established; a government de facto is one
deemed unlawful, but which is present or
established. Any established government, be it
deemed lawful or not, is a government de facto.
Austin, Jur. sec. vi. 336. Bouvier’s Law
Dictionary, Third Revision (8th
Edition)(1914), Volume I, page 768.

8. • De Jure government Of right;
legitimate, lawful; by right and just title. In this
sense contrary of de facto, (which see.) It may
also be contrasted with de gratia, in which
case it means “as a matter of right,” as de
gratia means “by grace or favor.” Again it may
be contrasted with de æquitate; here meaning
“by law,” as the latter means “by equity.” See
Government. Black’s Law Dictionary 4th
Edition (1951) page 481.

9. • A de jure government is the legal, legitimate
government of a state and is so recognized by
other states. In contrast, a de facto
government is in actual possession of
authority and control of the state. For
example, a government that has been
overthrown and has moved to another state
will attain de jure status if other nations refuse
to accept the legitimacy of the revolutionary
government.

10. • De jure (in Classical Latin de iure) is an expression that
means "concerning law", as contrasted with de
facto, which means "concerning fact". The terms de
jure and de facto are used instead of "in principle" and
"in practice", respectively, when one is describing
political or legal situations. In a legal context, de jure is
also translated as "concerning law". A practice may
exist de facto, where for example the people obey a
contract as though there were a law enforcing it yet
there is no such law. A process known as "desuetude"
may allow de facto practices to replace obsolete laws.
On the other hand, practices may exist de jure and not
be obeyed or observed by the people.

11. • [Latin, In law.] Legitimate; lawful, as a Matter of Law.
Having complied with all the requirements imposed by
law. De jure is commonly paired with de facto, which
means "in fact." In the course of ordinary events, the
term de jure is superfluous. For example, in everyday
discourse, when one speaks of a corporation or a
government, the understood meaning is a de jure
corporation or a de jure government. A de jure
corporation is one that has completely fulfilled the
statutory formalities imposed by state corporation law
in order to be granted corporate existence. In
comparison, a de facto corporation is one that has
acted in Good Faith and would be an ordinary
corporation but for failure to comply with some
technical requirements.

12. Consolidated city-county

13. What is a Cosolidated City or
Country?

14. Act of Consolidation, 1854
• The Act of Consolidation, more formally known as the act
of February 2, 1854 (P.L. 21, No. 16), was enacted by
the General Assembly of
the Commonwealth of Pennsylvaniaand approved February
2, 1854 by Governor William Bigler. This act consolidated all
remaining townships, districts, and boroughs within
the County of Philadelphia, dissolving their governmental
structures and bringing all municipal authority within the
county under the auspices of the Philadelphia government.
Additionally, any other unincorporated communities were
included in the consolidation. The consolidation was
drafted to help combat lawlessness that the many local
governments could not handle separately and to bring in
much-needed tax revenue for the city.

15. • In United States local government, a consolidated city-county is
a city and county that have been merged into one unified
jurisdiction. As such it is simultaneously a city, which is a municipal
corporation, and a county, which is an administrative division of a
state. It has the powers and responsibilities of both types of
entities.
• A consolidated city-county is different from an independent
city, although the latter may result from consolidation of a city and
a county and may also have the same powers as a consolidated citycounty. An independent city is a city not deemed by its state to be
located within the boundary of any county, and recognized by its
state as a legal territorial entity separate from surrounding or
adjoining counties. Not considering Hawaii, which has no
independent cities, the Midwest and Upper South have the highest
concentration of large consolidated city-county governments in the
United
States, including Indianapolis, Indiana; Nashville, Tennessee; Jackso
nville, Florida; Louisville, Kentucky; Kansas City, Kansas;
and Lexington, Kentucky. Currently, the largest consolidated citycounty in the United States by population
is Philadelphia, Pennsylvania, while the largest by land-area
is Jacksonville, Florida.

16. • According to information compiled by
former Albuquerque mayor David Rusk,
105 referendums were held in the United States
between 1902 and 2010 to consider proposals to
consolidate cities and counties. Only 27 of these
proposals were approved by voters. Wyandotte
County, Kansas, uses the term "unified
government" to refer to its consolidation
with Kansas City, Kansas, and most of the towns
within the county boundaries in which some
cities and towns remain separate jurisdictions
within the county. Individual sections of a
metropolitan or regional municipality may retain
some autonomous jurisdiction apart from the
city-wide government

17. • Often, in place of another level of government, local
governments form councils of governments –
essentially governmental organizations which are not
empowered with any law-making or law enforcement
powers. This is the case in the Atlanta metropolitan
area, where the Atlanta Regional Commission (ARC)
studies and makes recommendations on the impact of
all major construction and development projects on
the region, but generally cannot stop them.
The Georgia Regional Transportation Authority (GRTA)
is a true government agency of the state of
Georgia, and does control some state transportation
monies to the cities and counties, but otherwise has
very little authority beyond this small power of the
purse.

18. • The case of New York City is unique, in that the city
consists of five boroughs, each of which is co-extensive
with a county. Each borough, being coterminous with a
county, has its own district attorney; however, countylevel government is essentially non-existent as all
executive and legislative power is exercised by the city
government throughout the five boroughs. The city, as
currently constituted, was created in 1898 when the
city of New York (then comprising what would become
the boroughs of Manhattan and The Bronx) annexed
Kings County, Queens County, and Richmond County as
the boroughs ofBrooklyn, Queens, and Staten
Island, respectively

19. • Similar arrangements also exist in other
countries. England has six "metropolitan counties"
created in 1974: Greater Manchester, Merseyside, South
Yorkshire, Tyne and Wear, West Midlands, and West
Yorkshire. From 1986, these metropolitan counties do not
have county councils but rather joint boards for certain
functions. Modern unitary authorities are similar, and are
known as county boroughs in Wales. In
Scotland, Aberdeen, Dundee, Edinburgh and Glasgow are
functionally "independent cities", though the term is not
used.
• In the Canadian province of Ontario, there exist
several single-tier municipalities which serve the same
sort of functions as American consolidated city-counties.
One example of this is the City of Toronto, which was
created in 1998 from the

20. • amalgamation of the central government and the six
constituent municipalities of the Metropolitan Municipality
of Toronto (a type of regional municipality) which was
originally created in 1954.
• In Germany, Berlin and Hamburg are both cities and states
(the state of Bremen consists of the cities
of Bremen and Bremerhaven). Nearly every larger city in
Germany is a consolidated city-county, like
Frankfurt, Stuttgart, Munich or Dresden; Austria, where the
capital of Vienna is both a city and state; France, where the
capital city of Paris has been coterminous with
the département of Paris since 1968; and South
Korea, where Seoul is a special city, while six other cities
(Busan, Daegu, Daejeon, Gwangju, Incheon, and Ulsan)
are metropolitan cities. Additionally, the Australian Capital
Territory government inAustralia performs all municipal
functions of the city of Canberra, and thus functions as an
integrated city-territory. Similarly, the City of Tokyo merged
with the prefecture to form Tokyo metropolis in 1943.

21. • In seven consolidated city-county governments in
the United States, the formerly independent
incorporated places maintain some governmental
powers. In these cities, which the Bureau of the
Census calls "consolidated cities", statistics are
recorded both for the entire consolidated
government and for the component
municipalities. A part of the consolidated
government is called the "balance", which the
Census Bureau defines as "the consolidated city
minus the semi-independent incorporated places
located within the consolidated city".

22. These consolidated cities are:
•
•
•
•
•
•
•
Athens-Clarke County, Georgia
Augusta–Richmond County, Georgia
Butte-Silver Bow, Montana
Indianapolis, Indiana
Jacksonville-Duval County, Florida
Louisville-Jefferson County, Kentucky
Nashville-Davidson, Tennessee

23. Consolidated since their creation
• Municipality of Anchorage, Alaska (City and Borough
are consolidated forming a unified government)
• City and County of Broomfield, Colorado (Town of
Broomfield incorporated June 1, 1961.
Consolidated City and County of Broomfield created
November 15, 2001, from the incorporated City of
Broomfield in portions of Boulder, Adams, Jefferson,
and Weld Counties.)
• City and County of Denver, Colorado (Denver
City, Colorado Territory, incorporated November 7,
1861. Denver served as the Arapahoe County Seat until
November 15, 1902, when Arapahoe County was split
into the new consolidated City and County of Denver,
the new Adams County, and the renamed South
Arapahoe County

24. • City and County of Honolulu, Hawaii
• City and Borough of Juneau, Alaska
• Los Alamos County, New Mexico[7] (Note that the
townsite known as Los Alamos is not an incorporated
place.)
• City of New Orleans and Orleans Parish, Louisiana (The
City of New Orleans has always served as Orleans
Parish's government, though they initially were not
coterminous. The city and parish have also annexed
parts of neighboring Jefferson Parish.)
• City and County of San Francisco, California (The City of
San Francisco was the seat of San Francisco County
until 1856, when the county was split into the
consolidated City and County of San Francisco in the
north, with the remainder of old San Francisco County
becoming the new County of San Mateo.)

25. • City and Borough of Sitka, Alaska
• City and Borough of Yakutat, Alaska
• Town and County of
Nantucket, Massachusetts (one and the same
since it was separated from Dukes
County, New York to join the colony of
Massachusetts). It should be noted that
in New England atown serves the same
municipal functions as a city. Contrary to city–
county consolidation, eight of Massachusetts'
14 county governments have been abolished

26. Merged
•
•
•
•
•
•
Anaconda and Deer Lodge County, Montana
Butte and Silver Bow County, Montana
Columbus and Muscogee County, Georgia
Cusseta and Chattahoochee County, Georgia
Georgetown and Quitman County, Georgia
Hartsville and Trousdale County, Tennessee (Despite the
consolidated city-county government, Hartsville is not
coterminous with Trousdale County; Hartsville remains a
geographically distinct municipality within the county.)
• Houma and Terrebonne Parish, Louisiana (Despite the
consolidated city-county government, Houma is not
coterminous with Terrebonne Parish; Houma remains a
geographically distinct municipality within the parish.)

27. • Lexington and Fayette County, Kentucky[11]
• Lynchburg and Moore County, Tennessee
• Philadelphia and Philadelphia
County, Pennsylvania — Their borders have been
conterminous since 1854 Act of
Consolidation, and the government structures
were consolidated in 1952. The county still exists
as a separate entity within Pennsylvania, but the
functions of the county are generally
administered by the city.
• Preston and Webster County, Georgia
• Statenville and Echols County, Georgia

28. • New York City, New York[13] has been coextensive with
an amalgamation of five counties since 1898, each of which
is also a borough and more generally known as such:
– New York County (Manhattan) (New York County alone was
coextensive with New York City until 1898)
– Bronx County (The Bronx) (New York County included what is
now Bronx County from 1898 until the latter's creation in 1916)
– Kings County (Brooklyn)
– Richmond County (Staten Island)
– Queens County (Queens)
• Washington, D.C. – While the District of Columbia is
a federal district and not a county, the city has had
a consolidated municipal government since 1871. Prior
thereto, Washington, Georgetown, Uniontown
(Anacostia), etc., were cities and towns in the County of
Washington. Prior to 1846, when it was retroceded to
Virginia, the south bank of the District of Columbia was the
County of Alexandria (now the Independent City of
Alexandria and the County of Arlington).

29. Merged with some independent
municipalities

30. • Athens and Clarke County, Georgia (one community
entirely within Clarke County and another partially within
the county retain a separate government)
• Augusta and Richmond County, Georgia (two communities
within Richmond County retain separate governments)
• Baton Rouge and East Baton Rouge Parish, Louisiana (City
of Baton Rouge retains separate city limits, and official
census population only includes this area)
• Camden County, North Carolina (county with no
incorporated municipalities, apart from a small portion
of Elizabeth City, re-organizing into a single unified
government)

31. • Indianapolis and Marion County, Indiana (four communities within
Marion County retain separate governments)
• Jacksonville and Duval County, Florida (four incorporated places
within Duval County - the cities of Jacksonville Beach, Neptune
Beach, and Atlantic Beach and the town of Baldwin - retain separate
governments; all other rural land is incorporated by Jacksonville and
so the entire county is incorporated)
• Kansas City and Wyandotte County, Kansas (this "Unified
Government" contains Kansas City, Edwardsville, most of Bonner
Springs, and roughly half of Lake Quivira; a county relationship is
maintained with the rest of the communities within the county) as
of 1997.
• Macon and Bibb County, Georgia, to be completed January 2014. In
2012, the Georgia General Assembly passed House Bill 1171, which
authorizes a referendum on July 31, 2012 on the consolidation of
the two entities; the referendum passed. Four previous
consolidation attempts (in 1933, 1960, 1972, and 1976) failed. The
consolidated government, however, excludes the small municipality
of Payne City, which was already surrounded by Macon prior to
consolidation.

32. • Miami and Miami-Dade County, Florida operate under a federated
two-tier government similar to consolidated city-county
relationship where the county government operates as a
superseding entity of county affairs and lower-tier
incorporated municipalities operate civil and community services
• Lafayette Parish, Louisiana and Lafayette (The status of the current
state of consolidation is under review by an independent board.
Deconsolidation, reorganization and total incorporation are all
being considered as other towns in the parish as well as citizens in
the unincorporated areas feel they are being under-represented
under the current state of consolidation.)
• Louisville and Jefferson County, Kentucky (all cities in pre-merger
Jefferson County, other than Louisville, retain separate identities
and some governmental functions, but all participate fully in the
county-wide governing body, Louisville Metro Council)
• Nashville and Davidson County, Tennessee (seven—six as of 2012—
communities within Davidson County retain separate
governments, although all participate in the metropolitan
government in a two-tier system)
• Tribune, Kansas and Greeley County, Kansas (Horace retaining a
separate government)

33. • Five cities in the Hampton Roads region
of Virginia were formed by the consolidation of a city
with a county: Chesapeake, Hampton, Newport
News, Suffolk, and Virginia Beach (from
Norfolk, Elizabeth City, Warwick, Nansemond, and
Princess Anne counties, respectively). However, in each
case an independent city was created and as such they
are not consolidated city-counties. Instead, the Code of
Virginiauses the term "consolidated
city." Similarly, Carson City was consolidated
with Ormsby County, Nevada in 1969, but the county
was simultaneously dissolved. The city is now a
municipality independent of any county

34. Potentially consolidated Cities

35. • Aurora, Colorado, split between three counties, explored
the creation of a new consolidated city-county in 1996; the
effort subsequently failed in a referendum. However, five
years later nearby Broomfieldwas successful in creating a
new city-county from portions of the four counties it had
been a part of. Encouraged by Broomfield's experience, an
Aurora city councilman has proposed consolidation again in
2006.This was not accomplished in the 2006 or 2007, and
no bills to accomplish consolidation were introduced in the
2008 session of the Colorado legislature.
• A proposal has been made to merge Johnson
County, Kansas and Wyandotte County, Kansas and the
cities located in those two into a single consolidated citycounty, name to be determined.
• In 2005, The Plain Dealer in Cleveland, Ohio published a
series of articles exploring the possibility of the city's
merging with Cuyahoga County.

36. • Miami-Dade County, Florida provides city-level police, firerescue, sanitation, and other services to many of the
municipalities within its borders.
• A report was released in April 2008 recommending the
merger of the governments of the City
of Pittsburgh, Pennsylvania and that of Allegheny County.
This plan has been endorsed by the mayor of Pittsburgh
and the Chief Executive of Allegheny County, but needs
approval by the City and County councils and from the state
legislature before a referendum can be put forth for the
voters to approve such a merger.
• The independent City of St. Louis, Missouri and that of St.
Louis County. The city of St. Louis seceded from St. Louis
County in the 1870s and is not part of any county in the
state of Missouri. The city has since tried to rejoin the
county several times, each time rejected by county voters.

38. • Albuquerque and Bernalillo County, New
Mexico (1959, 2003)
• Aurora and Arapahoe County, Colorado
• Birmingham and Jefferson County, Alabama (1948)
• Brunswick and Glynn County, Georgia (1969, 1987)
• Buffalo and Erie County, New York
• Charleston/North Charleston/Mount
Pleasant and Charleston County, South Carolina (1974)
• Charlotte and Mecklenburg County, North
Carolina(1971)
• Des Moines and Polk County, Iowa (1994, 2004)
• Durham and Durham County, North
Carolina (1961, 1974)

39. • El Paso and El Paso County, Texas
• Evansville and Vanderburgh County, Indiana
– Voted four times on consolidation—in 1959, 1974,
2002, and 2012. The most recent vote saw
consolidation defeated by a nearly 2-to-1 margin.
• Fairbanks and Fairbanks North Star Borough,
Alaska (2001)
• Fayetteville and Lincoln County, Tennessee (2008)
• Fort Wayne and Allen County, Indiana
• Frankfort and Franklin County, Kentucky
• Gainesville and Alachua County, Florida (1990)

40. •
•
•
•
•
•
•
•
•
•
Knoxville and Knox County, Tennessee (1959, 1978, 1996)
Little Rock and Pulaski County, Arkansas[citation needed]
Memphis and Shelby County, Tennessee (1962, 1971, 2010)
Miami and Dade County, Florida (1948, 1953)
Montgomery and Montgomery County, Alabama[citation
needed]
Muncie and Delaware County, Indiana
Oakland and Alameda County, California (1921)
Orlando and Orange County, Florida
Paducah and McCracken County, Kentucky
Rejected a proposed consolidation in 2012 by a more than
2-to-1 vote.
• Pensacola and Escambia County, Florida (1970)

41. • Pittsburgh and Allegheny County, Pennsylvania
– passed referendums in 1925, 1929 and 1939 that were blocked
by technicalities by the state assembly. A partial consolidation of
area school districts in 1956. Currently has a task-force
researching consolidation since 2005.
• Portland and Multnomah County, Oregon (1927, 1974)
• Richmond (independent city) with Henrico
County, Virginia (1961)
• Roanoke County, Virginia and the City of Roanoke
• held referendums in 1969 and 1990 to consolidate the two
governments. Both times, city voters approved
consolidation while county voters were opposed. The
independent city of Salem, Virginia, which would have been
surrounded by the consolidated entity, did not participate
in the referendums. Vinton, Virginia would have retained its
status as a town in the 1990 referendum. The consolidation
issue has been dormant since 1990.[citation needed

42. • Sacramento and Sacramento County, California (1974,
1990)
• St. Louis (independent city) with St. Louis County,
Missouri (1926, 1962)
• Sioux Falls and Minnehaha/Lincoln counties, South
Dakota[citation needed]
• Spokane and Spokane County, Washington (1995)
• Tallahassee and Leon County, Florida (1971, 1973, 1976,
1992)[12][27]
• Tampa and Hillsborough County, Florida (1967, 1970, 1972)
• Toledo and Lucas County, Ohio
• Topeka and Shawnee County, Kansas (2005)
• Wilmington and New Hanover County, North
Carolina (1933)

43. Formerly consolidated

44. • The City of Boston and Suffolk
County, Massachusetts operated with a
consolidated government for most of the
twentieth century with Boston providing office
space, auditors, budget, personnel and
financial oversight for Suffolk County. This was
not a true consolidation because three
municipalities –
Chelsea, Revere and Winthrop – were never
annexed into Boston and remained separate
jurisdictions within Suffolk County;
however, the City of Boston held complete
control of the county by law.

45. • The special relationship between Boston and
Suffolk County ended in 1999 as part of the
gradual abolition of county governments through
much of the state with all county employees and
powers transferred to Commonwealth of
Massachusetts control. The only remaining
powers and duties for the City of Boston in
regards to the county is ceremonial in which the
Suffolk County Register of Deeds is issued the
oath of office at the start of a term as well as calls
for a meeting to hold a special election to fill the
office should there be a failure to elect someone
to the office or a vacancy occurs.