The cornerstone of local response is either Home Rule or Dillon’s Rule. The authority of local government derives from the State government. There are two legal paths by which a State grants authority to a local government to govern its own affairs.

The first is Home Rule authority and the second is Dillon’s Rule. Although a majority of the States use Dillon’s Rule, it should be noted that either authority is derived from State sovereignty as delegated power.

Home Rule is a delegation of power from the State to its sub-units of governments (including counties, municipalities, towns or townships, or villages). That power is limited to specific fields, and subject to constant judicial interpretation. Home Rule creates local autonomy and limits the degree of State influence in local affairs.

Dillon’s Rule is derived from a 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. As long as there have been incidents, emergencies, and disasters, local responders and communities have been conducting aspects of emergency management. Events impact local emergency managers and their jurisdictions long before anyone else is involved. For large events, surrounding jurisdictions and charities have played a major role in support. President Theodore Roosevelt entrusted the American Red Cross with coordinating relief efforts.

Political jurisdictions and the States have also played a role in supporting activities related to these events when necessary. Historically, as events exceeded the capability of local jurisdictions, charities, and even State governments, national support was requested under separate legislation from Congress.