Chapter §10.1 INTRODUCTION AND OVERVIEW

• Jurisdiction: Oregon

§10.1 INTRODUCTION AND OVERVIEW

"Home rule" is an imprecise term that describes a city's or county's power to form its own government and, to a certain extent, to define the scope of its own powers. Home rule also shields a local government from some kinds of state regulation—to a degree that has waxed and waned with changes in the courts' analysis of the constitutional provisions.

In Oregon, home rule for cities is enshrined in two 1906 constitutional provisions. Article XI, section 2, of the Oregon Constitution, enables the voters of each city to adopt a charter, defining the structure and powers of the city's government, and prohibits the state legislature from interfering with the city's charter. Today, every city in Oregon has a home rule charter. Article IV, section 1(5), grants city voters initiative and referendum powers as to "all local, special and municipal legislation." For counties, home rule did not achieve constitutional status until 1958, and for several reasons, it has not had as much impact on county governance.

The home rule amendments define a relationship between state and local governments that is similar but not exactly parallel to the relationship between the state and federal governments. In the delicate balance of power in our federal system, the federal government is supreme, but only as to the limited powers that the sovereign states delegated to it in the constitution. The residue of governmental power remains with the states. US Const, Amend X. In the state-local relationship, the state is again the source of power, but it is not quite correct to say...