Keith Mack
Home rule in the United States refers to the authority of a constituent part of a U.S. state, such as a municipality or county, to exercise powers of governance. Forty of the fifty states apply some form of Dillon's Rule, which takes a narrow approach to local authority by stating that local governments may only exercise powers specifically granted to them by the state. In contrast, home rule states grant counties and municipalities greater autonomy to pass laws that govern themselves, provided they do not conflict with state and federal constitutions. While home rule municipalities can establish local laws that are stricter than state law, they are still subject to certain state laws and cannot legislate on matters expressly prohibited by the state.
| Characteristics | Values |
|---|---|
| States that don't have provisions for home rule charters | Alabama, Idaho, Indiana, Mississippi, Virginia, and Vermont |
| States that apply Dillon's Rule | 31 |
| States that are home rule states | 10 |
| States that apply Dillon's Rule only to certain municipalities | 8 |
| State that applies home rule to everything except taxation | Florida |
| States that apply both Dillon's Rule and Home Rule | Majority of U.S. states |
| States that provide for Home Rule for any municipality in its state constitution | Ohio |
| States that provide for Home Rule for cities larger than 10,000 residents | Washington |
| States that allow cities with more than 5,000 residents to vote to adopt a city charter and become a Home Rule city | Texas |
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What You'll Learn
- Home rule municipalities are still subject to federal and state constitutions
- Home rule does not apply to taxation in Florida
- Home rule states grant counties and municipalities the ability to pass laws
- Dillon's Rule states only grant local governments limited authority
- Home rule municipalities can establish local laws stricter than state laws unless prohibited
Home rule municipalities are still subject to federal and state constitutions
Home rule, in the context of the United States, relates to the authority of a constituent part of a U.S. state to exercise powers of governance. Forty of the fifty states apply some form of the principle known as Dillon's Rule, which says that local governments may exercise only the powers that the state specifically grants to them.
In contrast, home rule gives local governments greater autonomy and limits the power of states to interfere in local affairs. In states known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, so long as the laws do not conflict with the state and federal constitutions.
For example, a municipality with home rule status can exercise any power and perform any function unless it is specifically prohibited from doing so by state law. In other words, a home rule municipality is still subject to the United States Constitution, the state constitution, state laws, and laws applicable in every part of that state.
For instance, even with home rule, municipalities in Pennsylvania must still follow state laws like the Municipal Planning Code, the Sunshine Law, and Stormwater Management Act. Similarly, in Washington state, municipalities had begun passing single-use plastic bans, but the state legislature responded by codifying that legislation into state law, creating a uniform legal environment across the state.
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Home rule does not apply to taxation in Florida
Home rule in the United States pertains to the authority of a constituent part of a US state, such as a municipality or county, to exercise powers of governance. Forty of the fifty states apply some form of Dillon's Rule, which dictates that local governments may exercise only the powers specifically granted to them by the state. The remaining ten states are home rule states, where municipalities and counties can pass laws to govern themselves, as long as they do not conflict with state and federal constitutions.
Florida is unique in that it applies home rule to everything except taxation. Before the 1968 revision of the Florida Constitution, local governments in the state only held the powers expressly granted to them by law. The 1968 amendment to the Florida Constitution expanded home rule powers to cities and charter counties. However, the first Florida Supreme Court case involving the amendment interpreted it narrowly, suggesting that disputes regarding a city's actions should be resolved against the local government unless the actions were clearly reasonable.
Subsequently, in 1973, the Florida legislature enacted the Municipal Home Rule Powers Act (MHRPA), which guarantees that local governments retain governmental, corporate, and proprietary powers to conduct municipal government, perform municipal functions, and render municipal services. However, the MHRPA does not grant local governments the power to impose taxes, as taxation is one of the areas where the state legislature has expressed its intent to be the sole regulator.
While Florida municipalities with home rule powers can govern themselves in many areas, they are still subject to state laws and the United States Constitution. They must also follow laws directed at home rule governments, such as the Municipal Planning Code, the Sunshine Law, and the Stormwater Management Act. In addition, Florida courts have interpreted the state constitution as limiting the enforcement responsibilities of local governments, particularly regarding the imposition of penalties.
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Home rule states grant counties and municipalities the ability to pass laws
In the United States, the concept of "home rule" refers to the authority of a state's constituent parts, such as counties and municipalities, to exercise powers of governance. This means that these local governments can pass laws to govern themselves, as long as they do not conflict with the state and federal constitutions.
There are 10 home rule states in the US, according to the National League of Cities: these grant counties and municipalities the ability to pass laws. However, the majority of US states apply both Dillon's Rule and Home Rule in some way, so there are many nuances to each state's approach. For example, Ohio provides for Home Rule for any municipality in its state constitution, but Washington only grants Home Rule to cities with over 10,000 residents.
In home rule states, counties and municipalities can exercise any power unless specifically prohibited from doing so by state law. This means that home rule municipalities can establish local laws that are stricter than state laws, unless the state expressly prohibits this. For example, in Washington state, municipalities began passing single-use plastic bans, and the state legislature responded by codifying that legislation into state law, creating a more uniform legal environment.
Home rule should not be confused with Dillon's Rule, which is the opposing legal principle. Dillon's Rule takes a narrow approach to local authority, stating that local governments only have the powers expressly granted to them by the state. Forty of the fifty states apply some form of Dillon's Rule to determine the bounds of municipal governments' legal authority.
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Dillon's Rule states only grant local governments limited authority
Dillon's Rule, named after nineteenth-century Ohio Judge John Forrest Dillon, outlines the basic state-local legal relationship. Dillon's Rule states that local governments may exercise only the powers that the state specifically grants to them, thereby granting them limited authority. This means that local governments are subject to the authority of state governments, which act as the ultimate source of local power.
In the United States, this rule determines the bounds of a municipal government's legal authority. Dillon's Rule states assert that local powers are restricted to what is expressly granted or implied by state legislatures and constitutions. Any ambiguity regarding what is permissible is resolved by the courts in favour of state control.
In contrast to Dillon's Rule states, home rule states grant municipalities and counties the ability to pass various types of laws to govern themselves, provided they do not conflict with state and federal constitutions. Forty of the fifty states in the US apply some form of Dillon's Rule, with most states having a mix of both systems.
Dillon's Rule has been criticised for its paternalism, with local governments having little to no discretion to set their own course. They are often required to seek state permission for ordinary and extraordinary changes, such as salary increases for city council members or municipal officers. Despite this, Dillon's Rule has been more widely accepted and applied by courts than contrary theories, such as that proposed by Thomas McIntyre Cooley, which suggests that localities have an inherent right to self-government.
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Home rule municipalities can establish local laws stricter than state laws unless prohibited
In the United States, the concept of "home rule" refers to the authority of a state's constituent parts, such as counties and municipalities, to exercise powers of governance. This means that these local governments can pass laws to govern themselves, as long as they do not conflict with the state and federal constitutions.
Home rule grants local governments greater autonomy and limits state interference in local affairs. A municipality with home rule status can exercise any power and perform any function unless specifically prohibited by state law. For example, a home rule municipality can establish local laws stricter than state laws unless the state expressly prohibits this. This ability to pass new forms of legislation and defend them in court is stronger in some states than in others.
There are two main approaches to local governance in the US: Dillon's Rule and Home Rule. Dillon's Rule states that local governments may only exercise the powers specifically granted to them by the state. It takes a narrow view of local authority and is named after Iowa Supreme Court Justice John F. Dillon, who articulated this philosophy in an 1868 court case.
On the other hand, Home Rule allows local governments to have more flexibility and autonomy. It gives them the power to pass various types of laws and govern themselves, as long as these laws do not contradict the state and federal constitutions. In other words, a home rule municipality can do anything that is not specifically denied by the state constitution, the General Assembly, or the charter itself.
It's important to note that most states use a blend of Dillon's Rule and Home Rule. The specific dynamics between these two approaches vary from state to state, with some states granting home rule to individual cities or municipalities, while others have constitutional provisions guaranteeing home rule.
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Frequently asked questions
Home rule relates to the authority of a constituent part of a U.S. state, such as a county or municipality, to exercise powers of governance and pass laws to govern themselves.
Home rule does not apply to laws that conflict with state and federal constitutions. Municipalities with home rule status must also follow state laws such as the Municipal Planning Code, the Sunshine Law, and the Stormwater Management Act.
Alabama, Idaho, Indiana, Mississippi, Virginia, and Vermont do not have provisions for home rule charters. However, most states apply a blend of home rule and Dillon's Rule, which limits local authority.
