By Jesse J. Richardson, Jr.*
Since the beginning of the United States, state and local governments have grappled over the division of authority between the two levels of government. The Tenth Amendment of the U.S. Constitution seems to resolve the issue by making states the default holders of power between the state and federal governments, with no mention of local governments. In the mid-1800s, Judge John Forrest Dillion of the Iowa Supreme Court and Justice Thomas Cooley of the Michigan Supreme Court set out apparently opposite propositions. Judge Dillon posited that local governments were mere “creatures of the state” that hold no authority except that which is explicitly granted by the state. Justice Cooley countered that local governments held some inherent self-governance authority. Judge Dillon’s view prevailed in the vast majority of states.
The debate has escalated in recent years, with many controversial subjects of regulation at issue. Advocates for more local autonomy have been particularly vocal, culminating in a proposal for Principles of Home Rule for the 21st Century by the National League of Cities, advocating for sweeping local autonomy.
Meanwhile, two relatively rural states, Nevada and West Virginia, implemented home rule programs that offer lessons for state and local policymakers across the country. This Article reviews the history and recent developments of home rule in the United States. The Nevada and West Virginia programs are reviewed in detail. The Author asserts that the West Virginia Home Rule Program offers a model for home rule in the United States, while Nevada’s program proves noteworthy by including counties. The Article concludes with policy recommendations for a practical and meaningful sharing of authority between state and local governments.