Tuesday, June 12, 2007
Local Government – An Introduction -- Question 1
Question form Matt B, Xavier D, and Kaycee D. Perhaps the most important reality for all local governments across the nation until the last 50 years or so was domination by state governments, legally laid out in what is called “Dillon’s Rule.” Explain this rule and what impact it had on local government in South Carolina. (Note that this rule is discussed in two separate places in the chapter.)
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3 comments:
Dillon’s Rule first began through the “Ultra Vires Rule” giving state legislators the right to pass special laws affecting individual local governments, also known as “creatures of the state”. It was created by Justice John Dillon of Iowa Supreme Court. Counties and cities in the state were considered “creatures of the state”. Under Dillon’s Rule judges often decided that local governments did not have power of their own to make decisions in legal dispute. They believe that all their power came from the state legislature. It was used often in SC for a long time. Recent years have shown that has died down though. Beginning in 1975 the Home Rule allowed local governments to be more independent and have more control on their own legal disputes.
-Kaycee Doying
At first this rule was confusing at first glance, but I can see why they dropped it. This rule was created by John Dillon of the Iowa Supreme Court. In using the analogy given by the text, counties and cities are like the offspring of the state. Dillon's Rule states that the county or city are given and authority by the state legislature to govern their areas. One big hang up caused by the Dillion's Rule is that it doesn't really allow local government to rule themseleves but to be actually ruled by the state legislature in background. The Dillon's rule makes the state legislature very powerful in government. Without the locals governing their own area, then it strips down the ideas of democracy. In S.C., the Dillon's Rule has been replaced by the Home Rle Act of 1975, giving conunties and cities allowed more independent rule. However, S.C. was late in the game and the idea of home rule was not used until 1970s.
Xavier de Jesus
Both answers cover the essentials, but Kaycee said it especially well. The point was that under this rule the courts would not allow local goverment to do things unless the state specifically allowed the activity.
The difference today is that most states, including SC, have allowed a wider range of things for local government to do. As we see in later questions, limits are still imposed by state government, expecially in the area of raising revenue.
Bob B
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