Which of the following accurately describes the powers of local government in the US? Group of answer choices States determine local government powers & obligations, hence making local government “creatures of the state” In “Dillon’s Rule” states, local government only has those powers expressly granted and implied by the state In “Home Rule” states, local government has any powers, except those forbidden by or in conflict with the state All of the above
The correct answer and explanation is:
The correct answer is All of the above
Explanation:
All three statements accurately describe different aspects of the powers of local government within the United States.
States determine local government powers & obligations, hence making local government “creatures of the state”: This statement captures the fundamental legal relationship. Unlike states, which have inherent powers, local governments (cities, counties, towns, special districts) are not mentioned in the U.S. Constitution. Their existence, structure, powers, and obligations are entirely derived from the individual state governments. States have the authority to create, modify, or even abolish local governments, making them legal subdivisions entirely dependent on state law.
In “Dillon’s Rule” states, local government only has those powers expressly granted and implied by the state: This describes one of the two primary legal frameworks states use to define local government authority. Named after Judge John F. Dillon, this rule is a restrictive interpretation. It holds that local governments only possess powers explicitly granted to them by the state legislature, powers necessarily implied from those express grants, and powers essential to their declared purposes. Any doubt about whether a local government has a certain power is typically resolved against the local government.
In “Home Rule” states, local government has any powers, except those forbidden by or in conflict with the state: This describes the alternative and generally more permissive framework. Home Rule, granted by a state constitution or statute, reverses the presumption. Under Home Rule, local governments have broad authority to govern themselves and address local issues, exercising any power unless that power is specifically prohibited by the state constitution or state law, or conflicts with state law. This grants local governments greater autonomy compared to those operating under Dillon’s Rule.
Because states serve as the ultimate source of local government power, and they employ different legal doctrines (like Dillon’s Rule and Home Rule) to delegate specific authorities, all three statements are accurate descriptions of the legal status and functional powers of local governments in the US.