Fitch, Kilgore, and Dillon
By: Lowell
Published On: 2/5/2005 2:00:00 AM
Fitch, Kilgore and Dillon. No, that's not a new Republican law firm we're talking about here, but the two contenders for the GOP gubernatorial nomination, plus the rule that Fitch wants to change (and Kilgore doesn't).
First off, what on earth is the Dillon Rule? According to the National League of Cities website:
Dillon?s Rule is derived from written decision by Judge John F. Dillon of Iowa in 1868. It is a cornerstone of American municipal law. It maintains that a political subdivision of a state is connected to the state as a child is connected to a parent. Dillon?s Rule is used in interpreting state law when there is a question of whether or not a local government has a certain power. Dillon?s Rule narrowly defines the power of local governments.
In short, the Dillon Rule expressly severely limits the power of local government vis-a-vis the state. Under Dillon, in fact, local governments -- cities, counties, etc. -- only have power that is expressly granted to them. The default assumption under Dillon, in fact, is that if there is any doubt about what the state has expressly permitted them to do, localities are assumed NOT to have that power.
This is where things get interesting in the Republican race for governor, for Dillon cuts very much against the grain of conservative philosophy. Thus, instead of assuming that the people know at the local level what is best for them, the Dillon Rule expressly holds the opposite -- that the STATE knows best for localities and that "one size fits all" is the way to go.
Let's say, for instance, that your town or county would like to exempt the first $100,000, or $200,000, or whatever, of homeowners' property tax. Can it do it? Not so fast, whipper-snapper! According to a recent article in the Sun Gazette, under Virginia's consitution, commercial and residential property must be taxed at the same rate and assessed at 100% of fair-market value. This means, effectively, that localities cannot provide targeted tax relief aimed at homeowners, many of whom have seen their taxes go up sharply in recent years, along with the booming real estate market. That's why counties like Arlington are pushing for a constitutional amendment permitting it to do so.
And here is where Fitch and Kilgore come in. Mayor Fitch believes strongly that the Dillon Rule should be repealed. In January, Fitch was quoted by Chris Graham in the Augusta Free Press as calling for a fundamental change "in the way the state government and local governments deal with problems." Fitch emphasized that:
It's a bedrock Republican principle that it is best to let local governments decide, because they know what is going to work best in their communities. It's perverse that in a Republican-controlled state like Virginia that things would be as centralized as they are with the Dillon Rule.
And what about Jerry Kilgore? As state attorney general, he has repeatedly invoked the Dillon Rule to prevent localities from such actions as: banning concealed weapons in playgrounds, establishing a "living wage,", and prohibiting anti-gay discrimination.
However you feel on any one of these particular issues, the point is that the Dillon Rule, which Kilgore supports and Fitch opposes, allows the state to override localities. This dispute cuts right to the core of conservative philosophy, for if the state can prevent localities from such "liberal" ideas as banning concealed weapons or prohibiting discrimination, it can also do so for cities and counties wishing to, say, slash their tax rates for residential property owners.
In other words, when GOP voters go the polls in June to select a nominee for governor, they will have a fundamental choice to make: more local control and George Fitch, or more top-down state control with Jerry Kilgore. For conservatives who believe in letting the people decide what's best for them, the choice should be clear.
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