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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.
In Municipal Corporations (1872), Dillon contended that in contrast to the powers of states, which are unlimited but for express restrictions under the state or federal constitution, municipalities only have the powers that are expressly granted to them by the state, any power necessarily implied by an express power, and those powers essential ...
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 ...
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.
North Carolina is a Dillon's rule state, [34] and municipalities are only able to exercise the authority that the General Assembly or state constitution explicitly gives them. [26] All municipalities in North Carolina operate under either mayor-council governments or council-manager government, [26] with most using the latter. [25]
Dillon's Rule is the default rule, but some state constitutions and state statutes provide home rule authority for local governments. [29] State constitutions and statutes which allow counties or municipalities to enact ordinances without the legislature's express permission are said to provide home rule authority. [30]
Virginia limits the authority of cities and counties to enact ordinances by what is known as the Dillon's Rule. Counties and cities may only pass laws expressly allowed by the state legislature or which are necessary to effect powers granted by the state. [4] Dillon's Rule will invalidate local ordinances that exceed authority granted by the ...
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.