Dillon's Rule

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Dillon’s Rule asserts that local governments are creatures of the state, meaning that they are created by the state and can only exercise powers granted to them by the state. With the state acting as the sovereign central government, their relationship to local governments reflects a unitary relationship. In contrast, it must be noted that the relationship is neither confederal or federal, as a union of local governments does not restrict the state government’s power and the state and local governments do not share sovereignty. On the contrary, home rule is where the state government gives power to local governments, allowing them to exercise more authority over their jurisdiction. Moreover, home rule can be described as an example of second-order …show more content…

Moreover, incorporation highlights the significance of Dillon’s Rule, as it highlights the fact that local governments are creatures created by the state. Yet, many states have given discretionary power back to municipalities, a transfer known as home rule. Like counties, municipalities offer a variety of services, such as law enforcement, sanitation, garbage and leaf collection, and parks and recreation. The city’s government budgets for these services every year, which is formulated and implemented by the city’s government. The structure of city government varies, but they can be categorized as mayor-council form, council-manager form, and city commission form. First, the mayor-council can be classified as a strong-mayor-council or a weak-mayor-council structure, depending on the mayor’s ability to exercise executive power. In a strong-mayor-council structure, the mayor often reflects a governor’s formal powers as they can also formulate the budget, hire fire department heads, and veto council decisions. On the other hand, the weak mayor-council structure consolidates legislative and executive power within the council, leaving the mayor to act as the city’s ceremonial chief without extensive executive powers. Second, the council-manager form allows the legislative body, composed of the mayor and council, to hire a city manager to oversee administrative tasks such as the provision of services, proposing the city budget, and managing department heads. Specifically, Gainesville, Georgia operates under a council-manager structure, with the mayor, elected at large, and the council, elected by their ward, acting as the legislative body. The legislative body then hires a manager to act as the city’s chief executive officer and may be fired at any point by a simple majority. Lastly, the city

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