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Carnivore
Regular Member
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Posted: Wed Jun 17th, 2009 05:08 pm |
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Could some one of " legal mind like" define this section 31. of the Missouri constitution for me?
That no law shall delegate to any commission, bureau, board
or other administrative agency authority to make any rule
fixing a fine or imprisonment as punishment for its viola-
tion.
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Carnivore
Regular Member
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Posted: Wed Jun 17th, 2009 08:16 pm |
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Work with me here fellow Missourians, I need to know why towns/municipalities/burroughs/and villages can override the state Constitution??
Dillon's Rule
Unlike the relationship of federalism that exists between the U.S. government and the states (in which power is shared), municipal governments have no power except what is granted to them by their states. This legal doctrine was established by Judge John Forrest Dillon in 1872 and upheld by the Supreme Court in 1907. In effect, state governments can place whatever restrictions they choose on their municipalities (including merging municipalities, controlling them directly, or abolishing them outright), as long as such rules don't violate the state's constitution.
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andrewp
Regular Member
| Joined: | Mon May 21st, 2007 |
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| Posts: | 6 |
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Offline
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Posted: Thu Jun 25th, 2009 02:32 pm |
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Article VI, Section 19(a)
Any city which adopts or has adopted a charter for its own government, shall have all powers which the general assembly of the state of Missouri has authority to confer upon any city, provided such powers are consistent with the constitution of this state and are not limited or denied either by the charter so adopted or by statute. Such a city shall, in addition to its home rule powers, have all powers conferred by law.
I think basically city ordinances and regulations can dictate the penalties imposed by a city agency, but the agency itself can not.
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