Federal Government Vs State Government

Guidelines for the relationship between the federal government and the state governments are easily accessible through the Tenth Amendment in the United States Constitution. Adversely, the relationship between local governments and state governments are not written anywhere in the U.S. Constitution. In addition to states being granted the powers not explicitly given to the federal government, they are both considered to be equal in power. Local governments do not have this advantage so are more restricted in what they are able to do. The legal doctrine known as Dillon’s Rule was created in order to express the division of powers between the local governments and the state governments. Simply put, Dillon’s Rule states that, “local governments

In their state constitution it declares that, “The inhabitants of any municipality shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and municipal in character,” (Maine State Cons. Art VII, Part Second, Sec 2). This section allows for localities to create charters and furthermore, amend them as they see fit as long as they are in accordance with state and federal laws. In Portland, Maine they identify Home Rule through Article I Sections 1, 2 and 3 of their city charter. In Waterboro, Maine they express the power given to them through Home Rule with Article I Sections 101 and 102 of their town charter. Lastly, in Sanford, Maine, they show their powers granted to them by Home Rule in Article I Sections 101, 102 and 103 in their city charter. In addition to these sections of each charter that describe the powers given to the localities, the towns/cities are also able use Home Rule to amend their charters when they find it is

Dillon after his 1868 ruling in City of Clinton v. the Cedar Rapids and Missouri Railroad. Dillon himself wrote that local governments are, “mere tenants at the will of their respective legislatures.” Despite the fact that Dillon’s Rule states that localities are under the control of their respective states, Dillon believed, “that it would be a bad idea for state governments to take full advantage of this legal authority,” (Smith, 441). If states were to exercise total control over their localities it might cause some unhappiness from the citizens in that state. Due to the fact that mayors are closer to his/her people they can better gauge what needs to be done to keep them happy. By adjusting Dillon’s Rule slightly by enacting things like the Home Rule, it allows localities to keep things under control. The state of Maine is known to be one of the states that gives localities more power. Not only does the Maine State Constitution give localities the huge freedom to amend their charters at any time, it also gives another smaller power. This power is located in Article VIII Part Two and Section 2 of the Maine State Constitution; It states, “the registered voters of that municipality may, by majority vote, authorize… for the purpose of purchasing land… or constructing buildings for industrial use…,” (Maine State Cons. Article VII Part Second, Sec. 2). By giving the localities these powers but still requiring them to