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Please explain the (Pennsylvania) concept of "home rule" for municipalities (vanity)
self | self

Posted on 08/29/2003 4:24:48 PM PDT by calvin sun

A number of cities and townships in Pennsylvania have something called "home rule." Once I spoke to someone familiar with the concept, who tried to explain it to me. But I still am unclear. I DO remember that he said the relationship between the Commonwealth of PA and the municipalities is DIFFERENT from that between the Federal government and the states. Under the ?10th? Amendment responsibilities not explicitly given the federal govenment are reserved for the states (?right?). But under Commonwealth law, the state has to explicitly grant privileges to the municipality. Everything not granted to the municipality is the prerogative of the state. That is, unless the municipality adopts home rule (?)

What does a municipality gain by adopting home rule, and what are the implications? Why would a municipality adopt or refuse to adopt home rule? Thanks.


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Pennsylvania; Your Opinion/Questions
KEYWORDS: government; homerule; pennsylvania; pittsburgh
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1 posted on 08/29/2003 4:24:49 PM PDT by calvin sun
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To: Willie Green; martin_fierro
ping!
2 posted on 08/29/2003 4:32:39 PM PDT by annyokie (One good thing about being wrong is the joy it brings to others.)
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To: annyokie

huhwha? <|:)~

3 posted on 08/29/2003 4:35:04 PM PDT by martin_fierro (A v v n c v l v s M a x i m v s)
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To: calvin sun
I can't explain it, but they always talk about "home rule" and "local control" in NJ too. It is often referred to somewhat disparagingly, but that attitude seems to be based on resentment that it is not easier to tax the suburbs to fund the ghetto.

I grew up in NYC, we had the 5 boros, one mayor, there is no county level of gov't there, although each boro is a county. Since coming to NJ I've found it all a bit confusing, even tho' I actually live in a city here.

And btw, for anyone who come to do any 'splaining, what's the difference between a plain old state and a commonwealth?
4 posted on 08/29/2003 4:35:38 PM PDT by jocon307 (Boy, even I am surprised at myself!)
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To: calvin sun
Here in Colorado home rule means that cities have absolute authority over their juridiction. One Denver judge has ruled that city law supercedes both the State and Federal Constitution on the issue of gun control.

I seriously doubt this would hold up in higher courts but the higher courts all denied cert so its a moot point.

5 posted on 08/29/2003 4:35:55 PM PDT by AdamSelene235 (Like all the jolly good fellows, I drink my whiskey clear....)
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To: martin_fierro
Cute poochey! I just pinged yunz and Willie since I can't 'splain this fellas question, anat.
6 posted on 08/29/2003 4:37:42 PM PDT by annyokie (One good thing about being wrong is the joy it brings to others.)
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To: calvin sun
http://216.239.51.104/search?q=cache:Bpn3Hbn1JiQJ:www.inventpa.com/docs/Document/application/pdf/a882c48f-b26e-4cc0-9b3d-0681c5662df4/home-rule.pdf+Pennsylvania+home+rule&hl=en&ie=UTF-8

http://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=Pennsylvania+home+rule
7 posted on 08/29/2003 4:43:14 PM PDT by deport
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To: jocon307
the difference between a plain old state and a commonwealth?

There are 46 states and 4 commonwealths. What are they? Pennsylvania, Virginia, Massachussets, and ???

8 posted on 08/29/2003 4:43:24 PM PDT by RightWhale (Repeal the Law of the Excluded Middle)
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To: RightWhale
Virginia, no?
9 posted on 08/29/2003 4:46:15 PM PDT by jocon307 (Boy, even I am surprised at myself!)
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To: *Pittsburgh; Willie Green; 3catsanadog; agrace; annyokie; Atlantin; Ayn Rand wannabe; Badray; ...
It's a 'Burgh


Thing.TM

Click for Pittsburgh International, Pennsylvania Forecast
Send FReepmail if you want on/off BPT list
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Learn Pittsburghese!

Allegheny County Home Rule Charter Summary

10 posted on 08/29/2003 4:47:08 PM PDT by martin_fierro (A v v n c v l v s M a x i m v s)
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To: jocon307
Already said Virginia.
11 posted on 08/29/2003 4:47:08 PM PDT by RightWhale (Repeal the Law of the Excluded Middle)
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To: RightWhale
Sorry, you had that one. wait, wait, don't tell me, Kenntucky, yes?
12 posted on 08/29/2003 4:47:13 PM PDT by jocon307 (Boy, even I am surprised at myself!)
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To: jocon307
Kentucky it is, once part of Virginia.
13 posted on 08/29/2003 4:51:57 PM PDT by RightWhale (Repeal the Law of the Excluded Middle)
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To: jocon307
Yes
14 posted on 08/29/2003 4:52:33 PM PDT by Michael121
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To: RightWhale
"Kentucky ...once part of Virginia."

I didn't know that either. Virginia just keeps shrinking eh?

Actually thinking of sending the kid to college there, and then moving to VA, just to really irritate her! And get the in-state rate, too. Getting really sick of NJ and Bloomberg is single-handedly ruining NY, so we're open to ideas.

But I still don't know what the difference is, I've never been able to find out, actually. I remember asking my dad years ago, and he was usually a font of trivial and non-trivial knowledge, and he just said "not much, in practice".
15 posted on 08/29/2003 4:58:51 PM PDT by jocon307 (Boy, even I am surprised at myself!)
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To: jocon307
I believe 'commonwealth' is a holdover from Britishisms, the idea of gentlemen farmers forming a co-op for their mutual benefit, while 'state' is more from the classical ideas of government. More a difference in attitude and sense of origin than in practice.
16 posted on 08/29/2003 5:03:09 PM PDT by RightWhale (Repeal the Law of the Excluded Middle)
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To: calvin sun
This site explains it fairly well:

http://www.horsham.org/information/homerulepa.asp
17 posted on 08/29/2003 5:04:49 PM PDT by Between the Lines ("What Goes Into the Mind Comes Out in a Life")
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To: RightWhale
The Northern Marianas Islands in the Pacific and Puerto Rico in the Caribbean are also commonwealths.
18 posted on 08/29/2003 5:09:19 PM PDT by Between the Lines ("What Goes Into the Mind Comes Out in a Life")
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To: Between the Lines
Australia, too.
19 posted on 08/29/2003 5:13:46 PM PDT by RightWhale (Repeal the Law of the Excluded Middle)
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To: martin_fierro
Thanks, ya yunzer! ; )
20 posted on 08/29/2003 5:42:06 PM PDT by annyokie (One good thing about being wrong is the joy it brings to others.)
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