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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.
Local government in Virginia is subject to Dillon's Rule, which holds that cities and towns only have those powers expressly granted to them by Virginia or federal law, any power implied by those express powers, and those powers essential to the municipality's existence.
Term Description Examples Autocracy: Autocracy is a system of government in which supreme power (social and political) is concentrated in the hands of one person or polity, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control (except perhaps for the implicit threat of a coup d'état or mass insurrection).
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.
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]
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As opposed to Dillon's Rule, the Cooley Doctrine expressed the theory of an inherent right to local self determination. In a concurring opinion, Michigan Supreme Court Judge Thomas Cooley in 1871 stated: "[L]ocal government is a matter of absolute right; and the state cannot take it away."