Gavin Howe
The relationship between federal, state, and local governments in the United States is a complex one, with each level of government having its own laws and regulations. While the federal government can preempt local or state laws if they conflict with federal laws, the question of whether a county can restrict a state law is more nuanced. This is known as preemption, where a higher authority of law will displace the law of a lower authority when they conflict. In the US, state laws will usually prevail when in conflict with local laws, but there are exceptions. For example, in the case of City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), courts ruled in favor of local ordinances, provided that an individual can comply with them without violating state law.
| Characteristics | Values |
|---|---|
| Can a county restrict a state law? | In the US, the preemption doctrine states that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict. |
| Federal law | Federal law displaces, or preempts, state law when the two conflict, due to the Supremacy Clause of the Constitution. |
| State law | State law will usually prevail when state and local laws are in conflict. |
| Examples of preemption | The Trump administration executive order was an example of preemption, allowing the federal government to preempt local or state laws if those laws conflict with federal laws. |
| Exceptions | In some cases, local ordinances will preempt state law. For example, in the City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), courts presumed that they should favor the validity of local ordinances against state preemption unless the state statute expressly forbids the ordinance. |
| State exceptions | In California, cities have broad powers to establish municipal standards in the arena of gun control. In Kirk v. City of Morgan Hill, the California Court of Appeal held that the ordinance was not preempted by state law because local governments are free to impose stricter gun regulations than state law. |
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What You'll Learn
County powers
The powers of a county vary depending on the state and local laws. Counties often have a municipal charter and provide local ordinances that dictate the powers of the government. For example, the California Constitution authorizes a county to make and enforce local ordinances that do not conflict with general laws. A county in California also has the power to sue and be sued, purchase and hold land, manage or dispose of its properties, and levy and collect taxes authorized by law. The Board of Supervisors is both the legislative and executive authority of the county and has quasi-judicial authorities. The Board of Supervisors may supervise the official conduct of county officers and require them to discharge their duties faithfully. However, the Board cannot add to those duties or relieve officers from their obligations.
The preemption doctrine refers to the idea that a higher authority of law will override the law of a lower authority when the two conflict. When state law and federal law conflict, federal law takes precedence over state law. Similarly, state laws usually prevail when state and local laws are in conflict. However, there are exceptions to this, as seen in the case of City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), where the court presumed the validity of local ordinances over state preemption if significant interests for a particular issue vary from locality to locality.
Additionally, in the case of Kirk v. City of Morgan Hill, the California Court of Appeal held that there was no conflict or preemption because local governments could impose stricter gun regulations than state law. This reaffirmed California's recognition of cities' broad powers to establish municipal standards in gun control.
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Preemption conflicts
Preemption is a legal concept that allows a higher authority to override a lower authority's laws in the event of a conflict. In the United States, the Supremacy Clause of the Constitution establishes that federal law supersedes state law, and state law generally takes precedence over local law. This principle, known as the preemption doctrine, applies across legislatures, courts, administrative agencies, and constitutions.
At the federal level, preemption can occur in several ways. Express preemption happens when a federal law explicitly states its intention to override state law. Field preemption occurs when federal laws prevent states from regulating the same general subject matter. Conflict preemption takes place when a state law hinders a federal law's objectives or makes compliance with both laws impossible. Implied preemption, a more controversial form of preemption, can occur through field or conflict preemption and may be harder to prevent.
At the state level, preemption dynamics can vary across different states. While state laws typically override conflicting local laws, states may choose to grant more autonomy to their local governments. For instance, in California, counties are authorized to enact and enforce local ordinances as long as they do not conflict with general laws. In Arizona, House Bill (HB) 2153, enacted in 2018, restricted cities, towns, counties, and political subdivisions from requiring organizations to disclose campaign contribution information.
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![A Handbook for County Authorities / by Alexander Pulling, Jun 1889 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
County governance
The Board of Supervisors is the legislative and executive authority of the county, with quasi-judicial authorities. The Board may supervise the official conduct of county officers and require them to discharge their duties faithfully. However, the Board cannot add to or relieve these duties. The Board also has the power to supervise the sheriff, investigate their performance, and supervise the district attorney to the extent that they function as county officers.
The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. For instance, federal law displaces state law when there is a conflict due to the Supremacy Clause of the Constitution. Similarly, state laws will usually prevail when state and local laws are in conflict. However, there are times when local ordinances will preempt state law. For example, in the City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), the court ruled that local ordinances would be favoured over state preemption if significant interests for a particular issue varied from locality to locality, unless expressly forbidden by state statute.
In the context of gun control, the California Court of Appeal in Kirk v. City of Morgan Hill held that local governments could impose stricter gun regulations than state law. On the other hand, in the case of Seaford, Delaware, the state attorney general challenged a local ordinance mandating that all fetal remains from abortion or miscarriage be cremated or interred, arguing that it conflicted with the state's statutory scheme for the disposal of human remains.
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Local ordinances
The US government uses a shared governance system, which means that federal, state, county, and local governments all have a role to play in the country's legal system. The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. For example, federal law will displace state law, and state law will displace local law.
The California Constitution is an example of this. It authorizes counties to make and enforce local ordinances, as long as they do not conflict with general laws. Counties in California have a municipal charter, and they can dictate the powers of the government. The Board of Supervisors is both the legislative and executive authority of the county and has quasi-judicial authorities. The Board of Supervisors can supervise the official conduct of county officers and require them to discharge their duties, but it cannot add to or relieve these duties.
There are times when local ordinances will preempt state law. According to the City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), if significant interests for a particular issue vary from locality to locality, courts will presume that they should favor the validity of the local ordinances against state preemption, unless the state statute expressly forbids the ordinance.
In some cases, state preemption standards have been reaffirmed, as in the case of Kirk v. City of Morgan Hill, where the California Court of Appeal held that the ordinance was not preempted by state law because there was no conflict, and "local governments are free to impose stricter gun regulations than state law."
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State vs federal law
In the United States, federal law refers to any law that applies to the country as a whole. These laws are made by the legislative branch of the federal government, which consists of the Congress. Congress is made up of two houses: the House of Representatives and the Senate. Either of these houses can create a prospective law called a bill. Bills must be approved by a simple majority of both houses of Congress and then sent to the president for their signature. If the president signs the bill, it becomes a federal law.
State laws, on the other hand, are made by each of America's 50 states and are only applicable within the state in which they are passed. Each state has a governor, who is the head of the executive branch of government, and a state legislative body that resembles the US Congress. State laws are passed by state legislatures and then signed into law by the governors.
The US Constitution is another source of federal law. No action taken by the federal government can violate the Constitution, and the Constitution should be considered the most important source of law in the United States. The powers of the federal government are listed in the US Constitution at Article I, Section 8. These powers include immigration, bankruptcy, the postal service, intellectual property, and the military.
While federal law takes precedence over state law, there are some topic areas governed by both state and federal law. This usually happens when Congress spends money to create programs for the general welfare. Typically, when federal funds are offered to a state, some element of federal law is involved.
At the county level, the Board of Supervisors is both the legislative and executive authority. Counties can make and enforce local ordinances that do not conflict with general laws. Counties also have the power to sue and be sued, purchase and hold land, manage or dispose of properties, and levy and collect taxes authorised by law.
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Frequently asked questions
In the US, the preemption doctrine holds that a higher authority of law will displace the law of a lower authority when the two conflict. In this case, a state law will displace a county law. However, the preemption doctrine also applies to federal law, which displaces state law.
In some cases, counties can have more power than state laws. For example, in California, the state Court of Appeal held that local governments could impose stricter gun regulations than state laws.
When a county and state law conflict, the main question courts will seek to answer is whether there is, in fact, a conflict. If an individual can comply with a county ordinance without violating the state law, there may not be a conflict.
