There are 90,000 local governments in the United States and all of them are under the control of a respected state government. When there is a dispute between local and state government, judges usually follow Dillon’s Rule, which states that the local government is the creation of the state. This ideology is different from Fordham’s Rule and Cooley’s rule, which give more power to the local governments. Dillon’s rule is important because of its impact on city and other local government and how they function.
First of all, we need to understand Dillon’s Rule. As stated above, Dillon’s Rule maintained that because local government is the creation of the state, local government needs to do whatever the state wants them to, and they have no power …show more content…
It is established by the state government to create cities. The state constitution is created by the state, while the city charter is not created by the city but by the state which wants to establish a local government that is closer to the people. State constitution gives state legislature the reserved power, whereas the city charter indicates the power state government delegate to the city. The amendment to the state constitution goes through a tenuous process that can be petition or introduced by state legislation depending on the state, but in general states can decide for themselves whether or not they want to amend the constitution. The city charter, however, does not allow cities to amend it on their own. In fact, cities need to lobby before the state legislature to make amendments to city charter. Moreover, the city charter can be changed by the state government, and the city does not have a say in the matter. This shows that cities in specific and local governments in general are creations of the state and are subjected to state’s decision instead of being an independent and sovereign …show more content…
Cities then do not have the sovereignty power to regulate themselves and instead is subjected to state’s regulation. This can cause things to slow down within the city or against the city’s wish. Sometimes, it can be against other party’s wishes. For example, when the city of Eau Claire tried to combine police and fire department together, the police and the firefighters brought them to court on the ground that the state government acknowledge that they are two different departments, because firefighters’ insurance is different from that of the police. The court ruled in favor of the police-firefighter union because state law is higher than city law. This interferes with Eau Claire business to combine the departments in order to lower the cost of government. Another example was the dispute between Eau Claire and neighboring cities in regard to the sewage plan contract which lead to the Supreme Court case Hallie v. Eau Claire. The Supreme Court ruled that because state cannot abridge the contract, city cannot abridge contracts either, thus Eau Claire city’s argument was upheld. This is an illustration of the Supreme Court verify Dillon’s rule’s validity. Lastly, when the city of Louisville, Kentucky, tried to construct a municipal zoo, it was stuck by court cases which claimed that the city did not have the power to establish a zoo. Although the court cases eventually subsided, it
First of all, we need to understand Dillon’s Rule. As stated above, Dillon’s Rule maintained that because local government is the creation of the state, local government needs to do whatever the state wants them to, and they have no power …show more content…
It is established by the state government to create cities. The state constitution is created by the state, while the city charter is not created by the city but by the state which wants to establish a local government that is closer to the people. State constitution gives state legislature the reserved power, whereas the city charter indicates the power state government delegate to the city. The amendment to the state constitution goes through a tenuous process that can be petition or introduced by state legislation depending on the state, but in general states can decide for themselves whether or not they want to amend the constitution. The city charter, however, does not allow cities to amend it on their own. In fact, cities need to lobby before the state legislature to make amendments to city charter. Moreover, the city charter can be changed by the state government, and the city does not have a say in the matter. This shows that cities in specific and local governments in general are creations of the state and are subjected to state’s decision instead of being an independent and sovereign …show more content…
Cities then do not have the sovereignty power to regulate themselves and instead is subjected to state’s regulation. This can cause things to slow down within the city or against the city’s wish. Sometimes, it can be against other party’s wishes. For example, when the city of Eau Claire tried to combine police and fire department together, the police and the firefighters brought them to court on the ground that the state government acknowledge that they are two different departments, because firefighters’ insurance is different from that of the police. The court ruled in favor of the police-firefighter union because state law is higher than city law. This interferes with Eau Claire business to combine the departments in order to lower the cost of government. Another example was the dispute between Eau Claire and neighboring cities in regard to the sewage plan contract which lead to the Supreme Court case Hallie v. Eau Claire. The Supreme Court ruled that because state cannot abridge the contract, city cannot abridge contracts either, thus Eau Claire city’s argument was upheld. This is an illustration of the Supreme Court verify Dillon’s rule’s validity. Lastly, when the city of Louisville, Kentucky, tried to construct a municipal zoo, it was stuck by court cases which claimed that the city did not have the power to establish a zoo. Although the court cases eventually subsided, it