Home Rule vs Dillon’s Rule

There are two categories of state governments as it relates to local governments:

  • Home Rule: States that give local governments wide latitude to decide which policies are appropriate for their communities
  • Dillon’s Rule: States that give limited powers to local government to make decide which policies are appropriate for their communities

5 Percent

No states fall clearly in on category or another as it’s more of a continuum then definite categories. Indeed, when states choose how much to empower local governments they must consider a variety of factors such as:

  • Impact of one town or city’s decisions on surrounding communities
  • Citizens that travel through one community or reside their temporarily for work, recreation, or other activities, but due to lack residency have no voice in that government
  • Involvement and awareness of a community’s citizens in governments
  • Fairness between wealthier and poorer communities
  • State-wide goals for various programs

25 Most Densely Population Municipalities in New York State

Certainly some things really ought to be decided on a local level, under Home Rule, by an informed citizens and their representatives:

  • The rate of property taxation and structure of fees paid exclusively by local residents and businesses
  • The level of government services provided to local citizens and businesses
  • The design and management of local service roads and streets
  • The creation of local laws and policies, as long as much local laws and policies are made clear to visitors using signs or other documentation

Fountains

On the other hand, there is a compelling case to reserve some powers to states under Dillion’s Rule to ensure fairness both to local residents and more importantly, largely voiceless visitors to a community.

  • A state bill of rights must exist to ensure that local governments both treat their citizens fairly, and most importantly visitors to the community fairly
  • Local laws need to consistent enough so that visitors know what to reasonably expect when visit a community and require
  • Inter-community highways need to be regulated by the state to promote the quick and convenient movement of goods and people.

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