Below the state are about 90,000 local governments. They pick up the trash, run the schools, put out fires and fix potholes: the government people see most.
| Kind | What it does |
|---|---|
| County | the state's local arm: courts, jails, property records, elections, roads outside cities (called parishes in Louisiana and boroughs in Alaska) |
| City, town or village (municipality) | police, fire, parks, zoning, local streets, water |
| Township | in some states, a smaller unit within a county |
| School district | runs public schools, usually with an elected school board |
| Special district | one job, such as water, fire protection, transit, parks or libraries |
Why it works
Where do local governments get their power? From their state. Unlike states, which hold powers of their own under the Constitution, cities and counties are created by state law. Under Dillon's Rule, named for an Iowa judge who wrote in 1868, a local government has only the powers the state gives it, plainly or by clear implication. Many states also grant home rule, letting cities write their own charters and act on local matters unless state law says otherwise. Cities organize their governments in two main ways:
| Form | Who runs the city day to day |
|---|---|
| Mayor-council | an elected mayor heads the executive branch (a "strong mayor" hires and fires department heads and can veto); an elected council makes the laws |
| Council-manager | an elected council makes policy and hires a professional city manager to run the city; the mayor, if any, leads the council |
Key idea
Counties, cities and towns, school districts and special districts provide many services. Cities use a mayor-council or a council-manager form. Local governments get their powers from the state (Dillon's Rule; home rule where granted).
Worked example: Which form?
A city council hires a trained administrator to manage departments and prepare the budget. Which form is this?
- A council hiring a professional manager is the council-manager form.
Answer: Council-manager.
Worked example: Who wins?
A city passes a rule that conflicts with a state law on the same subject. Which prevails, in general?
- Cities are created by the state and act under its authority.
- Where state law covers the matter, it generally controls.
Answer: The state law.
Common mistake
Thinking cities are independent like states. A state is a sovereign member of the Union; a city is created by its state and has only the powers the state grants. Check: could the state legislature change the city's powers? Yes; that shows where the power comes from.