Home Rule and the Pre-Emption Doctrine: The Relationship Between State and Local Government in Maine

The legal relationship between a state government and a municipal government determines the powers and responsibilities of these two political entities. In Maine this relationship is complex and uncertain due to ambiguities in the constitutional and statutory scheme governing it and due to the Maine Supreme Judicial Court's narrow and inconsistent interpretation of that scheme. This Comment discusses the various methods for delegating power to municipalities, including the traditional method which was used in Maine prior to 1970. In addition, this Comment examines the "home rule" scheme enacted in 1970 and its subsequent judicial interpretation and application. Any statutory or common law framework for distributing the state's police power between state and local government should attempt to accommodate three policy considerations. First, in what could be referred to as the "certainty" principle, the relationship should be clearly defined to allow the machinery of both state and local government to operate smoothly, efficiently, and with minimum uncertainty as to each other's responsibilities. Second, a state legislature must be able to retain ultimate control over municipal government to avoid the disruptive effects of municipalities operating with impunity within the state sovereign's borders: the "supremacy" principle. Finally, local government must be free to address local problems left unresolved by the state legislature: the "governmental role" principle. Maine's home rule scheme, adopted in 1970, adequately accommodates each of these three policy considerations. However, the Maine Law Court's interpretation of the scheme emphasizes the supremacy principle at the expense of the other two. This emphasis results in the invalidation of much municipal legislation, thus creating doubt as to the scope of municipal government's authority and decreasing its ability to effectively legislate in the local population's public interest. This Comment suggests that the Legislature should take action to temper the court's emphasis on the supremacy principle and thus help restore certainty and assure the effectiveness of local government.