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The National League of Cities 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. [2] Each state defines for itself what powers it will grant to local governments.
Unlike the relationship of federalism that exists between the U.S. government and the states (in which power is shared), municipal governments have no power beyond what is granted to them by their states. This legal doctrine, called Dillon's Rule, was established by Judge John Forrest Dillon in 1872 and upheld by the U.S. Supreme Court in Hunter v.
The taxpayers invoked the "Dillon rule", a restrictive interpretation of local government power that was established by the 19th century judge and legal scholar, John Forrest Dillon, and adopted by Virginia as well as many other states. The Dillon rule stated that local governments only had the powers expressly conferred upon them by statute ...
In a few states, local units of government are permitted a degree of home rule over various matters. The prevailing legal theory of state preeminence over local governments, referred to as Dillon's Rule , holds that,
Dillon's Rule implies, among other things, that the boundaries of any jurisdiction falling under state government can be modified by state government action. For this reason, examples of municipal annexation are distinct from annexations involving sovereign states. [2]
The government of Texas operates under the Constitution of Texas and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels. Austin is the capital of Texas.
“State legislatures in Pennsylvania and elsewhere need to reverse this irresponsible trend of preemption and partner with local governments instead of trying to replace the will of our citizens ...
Municipalities are governed under Dillon's rule, unless they elect to be governed by home rule. [5] Currently, there are 10 home rule municipalities in New Mexico (Alamogordo, Albuquerque, Clovis, Gallup, Grants, Hobbs, Las Cruces, Los Alamos, Rio Rancho, and Santa Fe), as well as two chartered cities (Las Vegas and Silver City). [6]