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Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state-level action.
Home rule is the government of a colony, dependent country, or region by its own citizens. [1] 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 within its own administrative area that have been decentralized to it by the central government.
By contrast, the Cooley Doctrine, or the doctrine of home rule, expressed the theory of an inherent right to local self-determination. In a concurring opinion, Michigan Supreme Court Judge Thomas M. Cooley in 1871 stated, "local government is a matter of absolute right; and the state cannot take it away". [5]
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...
District of Columbia Self-Government and Governmental Reorganization Act; Other short titles: District of Columbia Home Rule Act: Long title: To reorganize the governmental structure of the District of Columbia, to provide a charter for local government in the District of Columbia subject to acceptance by a majority of the registered qualified electors in the District of Columbia, to delegate ...
District of Columbia home rule is the District of Columbia residents' ability to govern their local affairs. The District is the federal capital; as such, the Constitution grants the United States Congress exclusive jurisdiction over the District in "all cases whatsoever".
Most U.S. jurisdictions have a stand-your-ground law [2] or apply what is known as the castle doctrine, whereby a threatened person need not retreat within his or her own dwelling or place of work. Sometimes this has been the result of court rulings that one need not retreat in a place where one has a special right to be. [ 3 ]
There is no settled rule on the subject in American Samoa and the U.S. Virgin Islands. In all duty to retreat states, the duty to retreat does not apply when the defender is in the defender's home (except, in some jurisdictions, when the defender is defending against a fellow occupant of that home). This is known as the "castle doctrine".