Urban Legal Autonomy: Can Cities Make Their Own Laws?

Cities, towns, and villages within a county can have their own local laws and government. Local government law and municipal law cover much of our day-to-day life, addressing a range of topics and issues. In the US, there are two types of states: home rule states and Dillon's Rule states. Dillon's Rule states are prescriptive, meaning cities can only control the things that the state government allows them to. However, many Democratic-dominated cities are passing progressive measures that go beyond or conflict with state laws.

Cities can have their own laws, but it depends on the state's constitution

Local government law and municipal law address much of our day-to-day life, covering various topics and issues. Cities, towns, or villages within a county may have their own local laws and government. Often, rural or remote areas rely on the county government. Local disputes can involve different types of legal issues, including zoning, taxation, criminal and civil courts, and business law. Local zoning ordinances can apply to businesses and residential areas. These ordinances address public safety, land use, and real estate.

Municipalities have the power to make laws for specific purposes for certain geographic areas. For example, municipal codes may designate an area for industrial use only. These ordinances can be specific and include regulations for dimensions, placement of utilities, parking, types of buildings, and more. School districts may have their own rules governing a school system. These rules apply to that specific area. There are also special districts that can function autonomously.

On issues ranging from the minimum wage to fracking to drones, a number of cities have acted on their own, passing progressive measures that go beyond or even conflict with state laws. For example, more than a dozen cities have passed measures mandating sick leave for people who work in the private sector. Seattle, Portland (Oregon) and Jersey City, which are located in states where Democrats either control state government or parts of it, were among them. A growing number of cities are also enacting their own minimum wage laws, even when states have boosted theirs beyond the federal level.

Cities can make laws on issues such as the minimum wage, fracking, and drones

Municipalities have the power to make laws for specific purposes for certain geographic areas. For example, municipal codes may designate an area for industrial use only. These ordinances can be specific and include regulations for dimensions, placement of utilities, parking, types of buildings, and more.

In the US, there are two types of states: "home rule" states and "Dillon's Rule" states. Dillon's Rule states are prescriptive; cities can only control the things that the state government allows them to. However, many US cities can and do make their own laws. For example, more than a dozen cities have passed measures mandating sick leave for people who work in the private sector. Seattle, Portland (Oregon), and Jersey City, which are located in states where Democrats either control state government or parts of it, were among them.

A growing number of cities are also enacting their own minimum wage laws, even when states have boosted theirs beyond the federal level. Twenty-nine states and the District of Columbia now have minimum wage laws that set a higher rate than the federal $7.25 an hour, according to the National Conference of State Legislatures (NCSL).

Local zoning ordinances can apply to businesses and residential areas

Cities, towns, and villages can have their own local laws and government. Local government law and municipal law address much of our day-to-day life, covering various topics and issues.

Zoning laws can also limit commercial or industrial use of land to prevent oil, manufacturing, or other types of businesses from building in residential neighbourhoods. In some residential areas, especially in affluent communities, local zoning ordinances prohibit all types of businesses. In the great majority of municipalities, however, residential zoning laws allow small, non-polluting home businesses to operate, as long as any home containing such a business is used primarily as a residence and the business activities don't negatively affect neighbours.

Municipalities have the power to make laws for specific purposes for certain geographic areas. For example, municipal codes may designate an area for industrial use only. These ordinances can be specific and include regulations for dimensions, placement of utilities, parking, types of buildings, and more.

School districts may have their own rules governing a school system

Cities, towns, and villages within a county may have their own local laws and government. The laws they can make depend on the state's constitution. For example, some cities have passed measures mandating sick leave for people who work in the private sector, and many are enacting their own minimum wage laws.

Most states give school districts the power to levy local taxes for educational purposes, but this is limited by the state legislature. School districts in Virginia, for example, have no taxing authority and must depend on another local government for funding. School districts in the Midwest and West tend to cross municipal boundaries, while school districts in New England and the Mid-Atlantic regions tend to adhere to city, township, or county boundaries.

School districts are usually governed by a school board, board of education, or similar body. School boards govern the school district's actions and can also take action on their own. School boards appoint superintendents, review important decisions made by the district's administrators, and fashion educational policies for the district. School boards are typically elected by direct popular vote but may be appointed by other governmental officials.

Special districts can function autonomously

Cities, towns, or villages within a county can have their own local laws and government. Local government law and municipal law address much of our day-to-day life, covering various topics and issues. Special districts can function autonomously and are recognised by the Census Bureau as separate entities from the local or municipal government.

School districts are an example of a special district that can have their own rules governing a school system. These rules apply to that specific area.

The type of state also determines the degree of autonomy a city has. In the U.S., there are two types of states: "home rule" states and "Dillon's Rule" states. Dillon's Rule states are prescriptive, meaning cities can only control the things that the state government allows them to. However, in "home rule" states, cities have more freedom to create their own laws.

For example, some cities have passed measures mandating sick leave for people who work in the private sector and have enacted their own minimum wage laws. These measures can sometimes conflict with state laws, and some states are pushing back by barring local governments from adopting such measures.

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