What is Home Rule? How can it help you?

3 months ago
22

There are many unknown provisions that we can make use of in the fight to protect the freedoms in our nation. One of these is called home rule.

David Edwards states: “Home rule depends on the state. In some states, it’s a Constitutional Provision and in other states it’s a statutory provision. Either way, home rule allows for local self-governance and limited autonomy. Some cities/counties are established as municipalities, and some are established as home rule cities/counties.

Burtons 4th edition page 288

HOME RULE, noun autonomy, enfranchisement, fran­ chise, freedom from domination, freedom from interfer­ ence, freedom of action, freedom of choice, independ­ ence, individualism, noninterference, nonintervention, political independence, self-containment, self-derived power, self-determination, self-direction, self-government, self-legislation, self-reliance, self-subsistence, self-sufficiency, self-support, sovereignty, unlimited sovereignty

Blacks law pg 939 6th edition

Home rule. State constitutional provision or type of
legislative action which results in apportioning power between state and local governments by providing local cities and towns with a measure of self-government if such local government accepts terms of the state legisla­ tion. See also Local option.

Local option. An option of self-determination available
to a municipality or other governmental unit to deter­ mine a particular course of action without specific ap­ proval from state officials. Local option is often used in local elections to determine whether the selling and consumption of alcoholic beverages will be permitted in local areas. Such is also used in many states to permit home rule elections for determining the structures of local governmental units. See also Home rule

Home rule charter. The organizational plan or frame­ work of a municipal corporation, analogous to a constitution of a state or nation, drawn by the municipality itself and adopted by popular vote of its people.

https://whyy.org/articles/what-is-home-rule/

"Home rule” transfers authority over municipal matters from state laws to a local charter that’s drafted, adopted, and amended by voters in the municipality. A home rule charter is essentially a local constitution: it sets up the government structure and outlines its authority and its limitations.
Under home rule, a county or municipality can do anything that’s not specifically denied by the state constitution, the General Assembly, or the charter itself. By contrast, municipalities run by municipal codes (state laws) can only act where specifically authorized by state law.
The bottom line? Home rule provides local control. It gives the municipal government the ability to craft ordinances and make decisions based on local needs, rather than having to follow a one-size-fits-all state code that’s decided by state legislators.
For example, home rule municipalities have flexibility in setting the rate of property taxes and personal taxes for residents. Municipalities have also used home rule charters to ban natural gas drilling.

Do you live in a home rule state?
There are only about 10 home rule states with no mixing with Dillons Rule (which says that local governments may exercise only powers that the state specifically grants to them, to determine the bounds of a municipal government's legal authority) many more have a mix of home rule and Dillons Rule and some states like Nevada have no home rule at all!
https://en.wikipedia.org/wiki/Home_rule_in_the_United_States

https://law.justia.com/cases/california/supreme-court/2d/4/760.html

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