Gavin Howe
In Pennsylvania, local governments derive their powers from the state and can only exercise powers that the state specifically authorizes them to use. This is known as Dillon's Rule. However, some Pennsylvania municipalities have adopted home rule charters, which means they can act anywhere except where specifically prohibited by state law. This raises the question of whether municipal law can overreach state law in Pennsylvania.
| Characteristics | Values |
|---|---|
| Name of state | Pennsylvania |
| What is municipal law called | Local law |
| What are municipalities | Cities, townships or boroughs |
| Who passes the law | Municipalities and counties |
| Who derives power from state laws | Local governments |
| Who follows Dillon's Rule | Pennsylvania |
| Who can exercise powers | Local governments with powers specifically authorized by the state |
| Who has adopted home rule charters | Some Pennsylvania municipalities |
| Who was the first home rule municipality | Philadelphia |
| Year of adoption of Home Rule Charter | 1951 |
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What You'll Learn
'Home rule' charters and their impact
In Pennsylvania, municipalities can be cities, townships, or boroughs, and are assigned classes based on their population. Counties are also considered municipalities. While most municipalities in Pennsylvania must follow state law, some have adopted "home rule" charters, which grant them greater autonomy.
Home rule charters in Pennsylvania allow municipalities to act anywhere except where specifically prohibited by state law. This means that home rule municipalities can exercise any powers and perform any functions not denied by the Constitution of Pennsylvania, by statute, or by their own charter. This includes the power to enact and enforce local tax ordinances, as long as they do not establish or levy a higher rate of taxation on non-residents than what would have been authorized without the charter.
The adoption of a home rule charter does not change the form of government, but rather the relationship between the municipality and the state. Home rule municipalities are governed according to their unique charter rather than the standard codes that apply to most municipalities. Counties with home rule charters can design their own form of county government but are still generally subject to the County Code.
The process for adopting or repealing a home rule charter is outlined in Pennsylvania's statutes. The voters of a municipality that has adopted a home rule charter cannot vote to change the form of government until five years after the charter became effective. All elective officials in office at the time of adoption shall continue in office until their terms expire.
The concept of municipal home rule spread across the United States in the early 20th century, and in 1922, the Pennsylvania Constitution was amended to give the legislature the right to grant cities home rule. Philadelphia became the first home rule city in Pennsylvania in 1951. The Assembly further adopted the Optional Third Class City Charter Law in 1957, and in 1972, the Home Rule Charter and Optional Plans Law was passed, creating the right to home rule in the statutes of the Commonwealth.
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Dillon's Rule and state-derived power
Dillon's Rule is derived from a written decision by Judge John F. Dillon of Iowa in 1868. It is a cornerstone of American municipal law. It maintains that a political subdivision of a state is connected to the state as a child is connected to a parent. In other words, local governments derive their powers from the state and can only exercise powers that the state specifically authorises them to use.
Dillon's Rule is used to interpret state law when there is a question of whether or not a local government has a certain power. It narrowly defines the power of local governments. The rule states that local governments have only three types of powers: first, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; and third, those essential to the declared objects and purposes of the corporation, not simply convenient but indispensable.
The second part of Dillon's Rule states that if there is any reasonable doubt about whether a power has been conferred on a local government, then it has not been conferred. This is known as the rule of strict construction of local government powers.
Some states, like North Carolina, are described as Dillon's Rule states. This means that local governments in these states have no inherent authority and derive all of their authority from the state. In contrast, some states, like Pennsylvania, have adopted "home rule" charters, which means that municipalities can act anywhere except where specifically prohibited by state law.
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Preemption: state law nullifying municipal authority
In Pennsylvania, local law is often referred to as "municipal law", and it is passed by municipalities, which can be cities, townships, or boroughs. These municipalities are assigned "classes" based on their population. However, the power of these local governments is derived from the state, and they can only exercise the powers that the state specifically authorizes.
This is known as Dillon's Rule, and it means that municipal law cannot overreach state law in Pennsylvania. However, some Pennsylvania municipalities have adopted "home rule" charters, which give them more flexibility to act unless specifically prohibited by state law. Philadelphia, for example, was Pennsylvania's first home-rule municipality, adopting its charter in 1951.
Despite this, the state can still nullify municipal authority through preemption. Preemption is the use of state law to override a municipal ordinance or authority. While preemption can sometimes strengthen statewide policy, it can also interfere with local decision-making and prevent municipalities from carrying out essential duties and meeting the needs of their communities. Proponents of preemption argue that it creates a consistent legal framework across the state, ensuring that all residents are subject to the same laws and regulations.
In Pennsylvania, preemption legislation is often introduced by the General Assembly to take local decisions out of the hands of locally elected officials. This can be controversial, as it removes power from local governments and communities, potentially impacting their ability to protect the health, safety, and welfare of their residents. The debate around preemption highlights the tension between state-level control and local autonomy in Pennsylvania's political system.
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County vs. municipal law
In Pennsylvania, the law recognizes municipalities as counties, cities, towns, boroughs, townships, or school districts of the Commonwealth. Pennsylvania counties can pass laws and are considered municipalities, so each Pennsylvanian is subject to the laws of both their local municipality and county.
Pennsylvania follows "Dillon's Rule," which means that local governments derive their powers from the state and can only exercise powers that the state specifically authorizes. However, some Pennsylvania municipalities have adopted "home rule" charters, which means they can act anywhere except where specifically prohibited by state law. Philadelphia, for example, was Pennsylvania's first home-rule municipality, adopting its charter in 1951.
Municipal authorities are required to publish a general notice of any adopted resolution or ordinance in the legal periodical of the relevant county or counties. This notice should include a brief statement of the substance of the resolution or ordinance and any relevant articles. In the case of authorities created for business improvements or administrative services, the notice should specify that the municipality or municipalities have retained the right to approve any plan of the authority.
Historical municipal codes and ordinances may be available through local libraries or the Pennsylvania Historical & Museum Commission. Local newspapers also provide insights into local government activities, including law-making, and can offer context for why an ordinance was passed and how it has been implemented. Local government websites often contain valuable information about the county or municipality, such as codes, forms, contact information, and more.
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Historical municipal codes and ordinances
In Pennsylvania, historical municipal codes and ordinances may be available through local libraries or the Pennsylvania Historical & Museum Commission. Local newspapers are also a valuable source of information on municipal codes and ordinances, as they cover local government activities, including law-making, and can provide insights into the reasons behind the passage of a particular ordinance and its implementation.
The Municipal Law Reporter (available at Temple via HeinOnline for 1909-1956) and Chrostwaite's Pennsylvania Municipal Law Reporter (available at Temple via HeinOnline for 1956-1962 and in print for 1956-1989; ceased publication in 1998) are both valuable resources for researching historical municipal codes and ordinances in Pennsylvania, as they reported on Pennsylvania municipal cases during those time periods.
Additionally, Temple University's Special Collections Research Center holds historical materials on proposals and amendments to the Charter, which can provide insights into the evolution of municipal codes and ordinances over time. Department websites and the Philadelphia City Council's website also offer information on regulations, pending bills, and transcripts of committee hearings, which can illuminate the historical context of municipal codes and ordinances.
It is worth noting that Pennsylvania follows "Dillon's Rule," which means that local governments derive their powers from the state and can only exercise the powers specifically authorized by the state. However, some Pennsylvania municipalities, like Philadelphia, have adopted "home rule" charters, which grant them broader autonomy to act except where specifically prohibited by state law. This distinction is crucial when examining the historical evolution of municipal codes and ordinances in Pennsylvania, as it shapes the scope of local legislative powers.
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Frequently asked questions
No, municipal law cannot overreach state law in Pennsylvania. This is because Pennsylvania follows Dillon's Rule, which means that local governments derive their powers from the state and can only exercise powers that the state specifically authorizes.
Dillon's Rule is a legal principle followed by Pennsylvania that establishes that local governments derive their powers from the state. Under Dillon's Rule, local governments can only exercise powers that the state specifically authorizes them to use.
Yes, municipalities in Pennsylvania can pass their own laws. Municipalities in Pennsylvania can be cities, townships, or boroughs and are assigned "classes" based on their population. However, they can only pass laws within the scope of powers granted to them by the state.
Yes, some Pennsylvania municipalities have adopted "home rule" charters, which means they can act anywhere except where specifically prohibited by state law. Philadelphia, for example, was Pennsylvania's first home rule municipality, adopting its Home Rule Charter in 1951.
State law can nullify a municipal ordinance or authority through a process called preemption. While preemption can sometimes strengthen statewide policies, it can also interfere with local decision-making and prevent municipalities from carrying out essential duties and meeting the needs of their communities.
