In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

home rule Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...

is an authority of a constituent part of a

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...

to exercise powers of governance delegated to it by its state government. In some states, known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass laws to govern themselves as they see fit (so long as they obey the state and federal constitutions). In other states, only limited authority has been granted to local governments by passage of statutes in the state legislature. In these states, a city or county must obtain permission from the state legislature if it wishes to pass a law or ordinance which is not specifically permitted under existing state legislation. Forty of the fifty states apply some form of the principle known as

Dillon's Rule John Forrest Dillon (December 25, 1831 – May 6, 1914) was an attorney in Iowa and New York, a justice of the Iowa Supreme Court and a United States circuit judge of the United States Circuit Court for the Eighth Circuit. He authored a highly ...

, which says that local governments may only exercise powers that the state expressly grants to them, to determine the bounds of a municipal government's legal authority. The

National League of Cities The National League of Cities (NLC) is an advocacy organization in the United States that represents the country's 19,495 cities, towns, and villages along with 49 state municipal leagues. Created in 1924, it has evolved into a leading membership ...

identifies 31 Dillon's Rule states, 10 home rule states, 8 states that apply Dillon's Rule only to certain municipalities, and one state (Florida) that applies home rule to everything except taxation. Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state allows discretionary authority:

Home rule and Dillon's Rule states

The following chart indicates which of the 50 U.S. states are home rule states and which states obey the legal principle of Dillon's Rule for determining local government authority. A state in this chart with "Limited" home rule may grant home rule to particular cities and municipalities individually but has no constitutional amendment guaranteeing home rule. A state which is both a home rule state and a Dillon's Rule state applies Dillon's Rule to matters or governmental units not accounted for in the constitutional amendment or statutes which grant home rule. The District of Columbia has a limited form of home rule granted by the Federal Government; see

District of Columbia home rule District of Columbia home rule is Washington, D.C. residents' ability to govern their local affairs. As the federal capital, the Constitution grants the United States Congress exclusive jurisdiction over the District in "all cases whatsoever" ...

for details.

References

{{reflist Local government in the United States Urban planning in the United States State law in the United States

Home rule and Dillon's Rule states

See also

References