Municipal Authority Overview
Where does a municipality get its power from?
Historically, the Pennsylvania Supreme Court has described municipalities as tools created by the government to help it carry out its objectives smoothly. To this end, the Pennsylvania constitution empowers the state government to create local governments and pass laws concerning their structure and powers. When the state passes laws concerning local governments, these laws must be general, meaning they apply to all units of local government across the state. Laws written so specifically that they only impact a select few local counties, cities, townships, wards, boroughs or school districts are considered “special laws,” which are disallowed by the Pennsylvania constitution.
States and municipalities have an inherent power to legislate in pursuit of public health and welfare called the “police power.” So long as the laws and ordinances passed are reasonable and do not violate fundamental liberties of citizens, the police power is very broad.
What can municipalities do?
Both state and local governments can exercise police power. There are two approaches to the division of state and municipal power: Dillon’s Rule and Home Rule.
Dillon’s Rule
Dillon’s Rule is named after former Iowa Supreme Court Justice John F. Dillon, who ruled that local governments derive their power from the state and can only exercise powers the state explicitly authorizes them to use. Under Dillon’s Rule, local governments are authorized to exercise the following powers: those granted in express words, like zoning or raising revenue; those necessarily or fairly implied in or incident to the powers expressly granted; and those essential to the accomplishment of the declared objects and purposes of the municipality – not simply convenient, but indispensable.
Home Rule
Home Rule is another framework of state-municipal power that provides for more local control. Unlike Dillon’s Rule, under which the state affirmatively grants municipalities with specific powers, Home Rule allows a municipality to legislate without “express statutory warrant.” The county or municipality can do anything except that which has been explicitly disallowed by its home rule charter, state law, the Pennsylvania Constitution, or the US Constitution.
A home rule charter is a kind of “mini constitution” that sets up local government structure and authority. Adopting, amending, or repealing home rule charters is typically accomplished by referendum. If the General Assembly has provided a procedure for how the charter should be presented to electors, then municipalities should follow those guidelines. If the General Assembly has not provided any procedures, then those guidelines or a home rule charter can be introduced by the municipality’s governing body or by a citizen initiative. Municipalities as large as Philadelphia or as small as sub-2000 people have adopted home rule charters.