Home rule in the United States

In the United States, home rule refers to the authority of a constituent part (administrative division) of a U.S. state to exercise powers of governance and perform functions pertaining to its government and affairs delegated to it by the central (state) government. The latitude of authority granted to local governments varies by state. In some states, known as home rule states, an article or amendment to the state constitution grants cities, municipalities, and/or counties the ability to pass laws to govern themselves as they see fit (so long as they obey the state and federal constitutions). In other states, only limited authority has been granted to local governments by passage of statutes in the state legislature. In these states, a city or county must obtain permission from the state legislature if it wishes to pass a law or ordinance which is not specifically permitted under existing state legislation.

Forty of the fifty states apply the principle known as Dillon's Rule in some form to determine the bounds of a municipal government's legal authority. The National League of Cities identifies 39 Dillon's Rule states, 9 states that follow Dillon's Rule but also permit home rule for some jurisdictions, and 10 home rule states. Each state defines for itself what powers it will grant to local governments. Within the local sphere, there are four categories in which the state allows discretionary authority:

The following chart indicates which of the 50 U.S. states are home rule states and which states obey the legal principle of Dillon's Rule for determining local government authority. A state in this chart with "Limited" home rule may grant home rule to particular cities and municipalities individually but has no constitutional amendment guaranteeing home rule. A state which is both a home rule state and a Dillon's Rule state applies Dillon's Rule to matters or governmental units not accounted for in the constitutional amendment or statutes which grant home rule. The source for the table is at this reference.

The District of Columbia has a limited form of home rule granted by the Federal Government; see District of Columbia home rule for details.

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