The Dillon Rule, established by the California Supreme Court in 1971, limits the authority of local governments to enact ordinances that conflict with state law. It mandates that the powers of local governments are strictly defined by their state constitutions or charters. Consequently, unless local governments are explicitly granted authority by the state, they cannot regulate matters that have been preempted by state legislation.
The Dillon Rule
The Dillon Rule is a legal principle that limits the powers of local governments in the United States. It is based on the idea that local governments only have the powers that are expressly granted to them by state law. This means that local governments cannot pass laws or regulations that are not authorized by state law.
Origins of the Dillon Rule
The Dillon Rule was first established in the case of Dillon v. Gloss, which was decided by the Supreme Court of Iowa in 1868. In that case, the City of Dubuque had passed an ordinance that prohibited the sale of alcohol. The Iowa Supreme Court struck down the ordinance, holding that the city did not have the authority to pass such a law. The court reasoned that the city only had the powers that were expressly granted to it by the state legislature, and that the legislature had not granted the city the power to prohibit the sale of alcohol.
Application of the Dillon Rule
The Dillon Rule has been applied by courts in all 50 states. It has been used to strike down a wide variety of local laws and regulations, including laws that regulate zoning, land use, and business activities.
Powers of Local Governments Under the Dillon Rule
Under the Dillon Rule, local governments have the following powers:
- The power to exercise the powers that are expressly granted to them by state law.
- The power to exercise the powers that are necessarily implied from the powers that are expressly granted to them by state law.
- The power to exercise the powers that are essential to the performance of their essential functions.
Table 1: Powers of Local Governments Under the Dillon Rule
| Type of Power | Description |
|---|---|
| Expressly granted powers | Powers that are specifically listed in state law. |
| Implied powers | Powers that are not specifically listed in state law, but that are necessary to carry out the powers that are expressly granted to local governments. |
| Essential powers | Powers that are necessary for local governments to perform their essential functions. |
Exceptions to the Dillon Rule
There are a few exceptions to the Dillon Rule. These exceptions include:
- Home rule – Some states have granted home rule to their cities and counties. This means that these local governments have the power to pass laws and regulations on any subject, even if the subject is not specifically addressed by state law.
- Concurrent powers – In some cases, state law grants local governments the power to regulate a particular subject, even if the state government also has the power to regulate that subject.
- Preemption – In some cases, state law preempts local laws and regulations. This means that the state law takes precedence over the local law or regulation, even if the local law or regulation was passed first.
Question 1: What is the fundamental concept behind the Dillon Rule?
Answer: The Dillon Rule is a legal principle that restricts the authority of local governments to act only on matters that are specifically authorized by their state constitution or statutes.
Question 2: How does the Dillon Rule impact the scope of local government power?
Answer: By requiring local governments to derive their powers from state law, the Dillon Rule significantly limits their ability to regulate or engage in activities that are not explicitly authorized by the state.
Question 3: What are the key components of the Dillon Rule?
Answer: The Dillon Rule comprises two main components:
* The express powers limitation, which confines local governments to powers expressly granted by state law.
* The implied powers limitation, which prohibits local governments from exercising powers that are not necessarily implied by or incidental to their express powers.
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