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Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyme

Vanderbilt Law Review

As creatures of the states, our municipalities occupy a unique position in our governmental scheme. Not endowed with sovereignty, the municipality possesses no inherent powers, and can only do that which is authorized by the state.' The exercise of local powers, therefore, becomes the exercise of those powers which have been conferred upon it by state legislative action. Possible exceptions to this are those states in which "home rule" has been constitutionally conferred upon municipalities, by which authority to form local governments and to administer municipal affairs in the manner desired by the local electorate prevails. In view of the …