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Lesson 48 of 1524

State and Local Government

Cities are creatures of the state. Their power is delegated, not sovereign.

Practice this chapter

A mayor-council city elects a mayor who runs the administration and a council that legislates. A council-manager city hires a professional manager to run day-to-day operations.

Term limits on state legislators are state choices. The federal Constitution does not impose them, and not every state has them.

Where local power comes from

Dillon’s rule: a city has the powers the state gives it

If the charter and the statutes are silent, the city does not get to invent the power.

Worked example

A city wants to ban a business that state law expressly allows and licenses. The city charter does not mention this power. The state follows Dillon’s rule. May the city ban the business?

  1. 1Under Dillon’s rule, local power must be granted by the state, in the charter or in a statute, or be fairly implied by a grant.
  2. 2The charter is silent. Silence is not a grant.
  3. 3State law goes further: it expressly allows and licenses the business. A local ban would contradict that choice.
  4. 4The city does not have the power. The state rule controls.

Result: No. Dillon’s rule plus the state licensing law blocks the ban.

Why. Local governments are not a third sovereign in the federal system. They exercise power the state lends them, and they cannot use that loan to cancel the state’s own policy.

Home rule is a grant of broader local authority. It is not independence from the state constitution or from state laws that still apply.

Practice margin

This chapter

A fresh set from this chapter only. Choose 10 or 20. Multiple choice and fill-in, with no repeat inside the set.