Local Government in The United States - Dillon's Rule

Dillon's Rule

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 except what is granted to them by their states. This legal doctrine was established by Judge John Forrest Dillon in 1872 and upheld by the U.S. Supreme Court in 1907. In effect, state governments can place whatever restrictions they choose on their municipalities (including merging municipalities, controlling them directly, or abolishing them outright), as long as such rules don't violate the state's constitution.

Dillon's Rule does not apply in all states of the United States. The constitutional provisions of some states provide specific rights for municipalities and counties. State constitutions which allow counties or municipalities to enact ordinances without the legislature's permission are said to provide home rule authority. New Jersey, for example, provides for home rule.