The Dillon Rule: Who Really Controls Virginia?

Imagine this: your city council wants to pass a law addressing a problem that is in your community and is unique. The council votes on this law, the mayor supports it, and the residents overwhelmingly agree. There is just one problem: Virginia’s law doesn’t give the city authority to do it.

Virginia’s system gives a large amount of influence to the General Assembly over local governments. Article VII of the Virginia Constitution gives the General Assembly authority over cities, towns, and regional governments. This means that Virginia’s local government cannot assume that they have the authority to deal with every issue their residents face. Rather, they must be able to identify a legal source for the power they want to exercise. In many cases, this means that a locality must turn to Richmond and ask the General Assembly for additional authority.

There are some very compelling arguments for this system. The Dillon Rule can create consistency in Virginia, rather than having different policies for a particular issue scattered across all of Virginia. Virginia is a very diverse state, so statewide standards can ensure that residents are subject to certain common rules regardless of where they live. This also establishes a division of authority between state and local governments, preventing local officials from expanding their own powers without authorization from the state.

However, critics argue that Virginia’s system gives Richmond too much control over local problems. A policy that makes perfect sense in Northern Virginia may not make sense at all in Southern Virginia, and a policy that makes sense in Virginia Beach may not make sense in a rural county. Local officials are often closer to their citizens and are better equipped to determine what they need. Requiring local government to seek permission from the General Assembly can, therefore, make government less flexible and responsive.

Overall, the Dillon Rule raises a larger question: who should have the final say over local communities, the state government or the people who live in that area? Virginia has decided to give the General Assembly complete control over local governments, but that doesn’t mean the debate is settled. There are many benefits to both perspectives, but the challenge for Virginia is finding the balance between the interests of the Commonwealth as a whole and the ability of individual communities to determine their own futures.