City Laws: Overriding State Power?

The relationship between federal, state, and local laws can be complex, and the answer to the question of whether a city rule can supersede a state law depends on several factors. In general, state law preempts town law unless the town code is passed pursuant to a power delegated within the Town Charter, assuming there is home rule granted by the state constitution. Some state constitutions have a “State Supremacy” style setup, where federal law trumps state law, state law trumps county law, and so on. In such cases, a city law cannot override a state law. However, in practice, a city might decide to not prioritize the enforcement of certain state laws, as is the case with marijuana laws in some cities. Additionally, conflicts between state and local laws can arise in two situations: when compliance with the local ordinance requires breaking the state law, and when enforcement of the local ordinance would go against the purpose of the state law.

Federal preemption

In the United States, the general rule is that state law typically preempts town law unless the state law says otherwise. However, there are exceptions to this rule. For instance, if a town code is passed pursuant to a power delegated within the Town Charter, and the ordinance conflicts with a general statute, the town ordinance may supersede the general statute.

When it comes to federal preemption, the preemption doctrine states that a higher authority of law will displace the law of a lower authority when the two conflict. In the case of conflicting state and federal laws, federal law displaces or preempts state law due to the Supremacy Clause of the US Constitution. This clause gives Congress the power to regulate individuals, not states. Federal preemption of state law occurs when a federal statute explicitly confirms Congress's intention to preempt state law. This is known as express preemption and it operates when a federal law contains an express pre-emption clause.

There are three types of preemption: express preemption, field preemption, and conflict preemption. Express preemption occurs when a federal law explicitly states its intention to preempt state law. An example of express preemption is the Airline Deregulation Act, which included language to ensure that states would not undo federal deregulation with their own regulations.

Field preemption occurs when Congress enacts a federal law that covers a specific field or area, thereby preventing state laws from regulating the same field. An example of field preemption is the Voting Rights Act, which preempts state constitutions.

Conflict preemption occurs when a state law conflicts with a federal law, and the federal law takes precedence. An example of conflict preemption is federal law prohibiting generic drug manufacturers from changing the composition or labeling of drugs approved by the FDA, thus preempting state tort law from requiring additional information on the labels.

It is important to note that federal preemption of state law is a complex area of law, and there may be exceptions or nuances to the general rules outlined above.

Home rule

In the United States, home rule relates to the authority of a constituent part of a U.S. state, such as a municipality or county, to exercise powers of governance. In other words, it is the power of a part of a state or an external dependent country to exercise the state's powers of governance within its own administrative area that have been decentralised to it by the central government.

In the US, there are home rule states and Dillon's Rule states. In home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as these laws do not conflict with the state and federal constitutions. Forty of the 50 states apply Dillon's Rule, which states that local governments may only exercise powers that the state specifically grants to them. In these states, a city or county must obtain permission from the state legislature if it wishes to pass a law or ordinance not specifically permitted under existing state legislation.

Some states have a mix of home rule and Dillon's Rule, and some apply Dillon's Rule only to certain municipalities. For example, Washington, D.C. is a federal city with a limited form of home rule granted by the federal government.

While a city law can make something illegal that state law allows, it cannot make legal something that is illegal under state law.

State preemption

In the United States, state preemption is a legal doctrine that allows higher levels of government to restrict or prevent lower-level governments from self-regulating. While it is often considered in the context of federal preemption of state laws, states can also use preemption to limit the power of cities, counties, and other municipalities. This is often the case when there is a political disagreement between the state legislature and municipal governments.

The general rule is that state law preempts town law unless the state law says otherwise. However, there are exceptions. For example, if a town code is passed pursuant to a power delegated within the Town Charter (assuming there is home rule granted by the state constitution) and the ordinance conflicts with a general statute, the town ordinance may supersede the statute. Most states have some form of home rule, which expands municipal power. However, only California and Ohio protect municipalities from preemption.

In recent years, there has been a trend of states using preemption to undermine democratic values and harm marginalized communities. For example, preemption has been used to prohibit local governments from advancing policies that address equity, public health, worker protections, and climate change. Preemption has also been used to uphold racist and inequitable structures, particularly in the context of local anti-discrimination laws and firearm regulations.

City ordinances

Generally, a city ordinance or town code cannot supersede a state law. The state law has precedence and must be obeyed. However, there are some exceptions and nuances to this general rule.

Firstly, some state constitutions allow for cities to have "Home Rule" powers, which give local governments expanded authority over their local affairs. In these cases, a town code or city ordinance may supersede a state law if it is passed pursuant to a power delegated within the Town Charter and if the ordinance conflicts with a general statute.

Secondly, in some cases, a city might choose to not prioritize the enforcement of certain state laws. For example, marijuana is illegal in many states and the federal system, but in certain cities, law enforcement may turn a blind eye and focus their efforts on other areas.

Additionally, it is important to note that the relationship between state and city laws can be complex and depend on various factors. These factors include the subject matter, the size of the municipalities, and the relevant statutory schemes. For example, in the case of gun laws, certain states have asserted their authority to set laws regarding guns, making it illegal for cities or towns to pass their own gun-related ordinances.

Lastly, federal law supersedes both state and local laws. This principle is known as federal preemption and is grounded in the Supremacy Clause of the U.S. Constitution.

State constitutions

Some states allow amendments to their constitutions by initiative, and many states have had several constitutions over the course of their history. The territories of the United States are "organized" and self-governing if the US Congress has passed an Organic Act. The commonwealths of Puerto Rico and the Northern Mariana Islands (CNMI) do not have organic acts but operate under local constitutions.

As for the relationship between state and city laws, the general rule is that state law typically preempts town law unless the state law says otherwise. However, if a town code is passed pursuant to a power delegated within the Town Charter (assuming there is home rule granted by the state constitution) and the ordinance conflicts with a general statute, the town ordinance may supersede the general statute. Some state constitutions allow for cities to have "Home Rule" powers.

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