Enforcement Of State Laws: Who Holds The Power?

Preemption occurs when a higher level of government uses its authority to overrule a lower level. This means that state law can be used to preempt local ordinances, and federal law can be used to preempt state or local law. For example, in the US, the Biden administration rescinded a Trump administration executive order that introduced penalties against sanctuary cities, which limit the enforcement and prosecution of federal immigration laws. In the context of gun control, cities, towns, and counties may enact laws relating to firearms only if they are specifically authorized by state law. However, in some cases, local governments have been allowed to impose stricter gun regulations than state law, as seen in the California Court of Appeal's decision in *Kirk v. City of Morgan Hill.

Preemption conflicts between state and local governments

Preemption occurs when a law at a higher level of government is used to overrule authority at a lower level. State law can be used to preempt local ordinances, and federal law can be used to preempt state or local law.

Preemption conflicts can emerge between state and local governments due to differences in the partisan makeup of the respective governments. For example, Democratic-led cities may be preempted by Republican state governments, as was the case when the state legislature in Missouri blocked efforts to increase the minimum wage in St. Louis. Similarly, Democratic state governments have come into conflict with Republican-led localities, such as when several Virginia municipal governments passed firearms resolutions that were preempted by state law.

However, there are instances where local governments have successfully challenged preemption by higher-level governments. For example, in Kirk v. City of Morgan Hill, the California Court of Appeal held that a local ordinance on gun control was not preempted by state law, as local governments are free to impose stricter gun regulations than state law.

In the context of the Covid-19 pandemic, Wisconsin's Dane County, home of Madison, enacted an ordinance making local public health orders enforceable by civil action. This ordinance was affirmed by the Wisconsin High Court, demonstrating that local governments can have the authority to enforce their own ordinances, even in the face of potential preemption by state or federal law.

Sanctuary cities

In the United States, there is a legal concept called preemption, which allows the federal government to overrule authority at a lower level. This means that state law can be used to preempt local ordinances, and federal law can be used to preempt state or local law.

However, there are instances where cities have broad powers to establish municipal standards, such as in the case of gun control. The California Court of Appeal in Kirk v. City of Morgan Hill held that the ordinance was not preempted by state law, as there was no conflict and local governments are free to impose stricter gun regulations than state law.

Gun control

In the United States, the federal government can overrule state or local laws if they conflict with federal laws. This is known as preemption. Preemption conflicts can emerge between state and local governments due to differences in the partisan makeup of the respective governments. For example, in 2021, the Biden administration rescinded a Trump administration executive order that introduced penalties against sanctuary cities—cities that limit the enforcement and prosecution of federal immigration laws.

In the context of gun control, cities, towns, and counties or other municipalities may only enact laws and ordinances relating to firearms that are specifically authorized by state law. For instance, in Washington, every city, town, and political subdivision of the state is prohibited from requiring the purchaser of a firearm to secure a permit to purchase, or from requiring a firearms dealer to secure an individual permit for each sale. However, some states allow local governments to impose stricter gun regulations than state law. In California, the California Court of Appeal in *Kirk v. City of Morgan Hill* held that the ordinance was not preempted by state law because local governments are free to impose stricter gun regulations than state law. The state law simply set a 5-day minimum standard that local governments could exceed.

Minimum wage

In the United States, cities, towns, and counties or other municipalities may only enact laws and ordinances relating to firearms that are specifically authorised by state law. Preemption occurs when a law at a higher level of government is used to overrule authority at a lower level. State law can be used to preempt local ordinances, and federal law can be used to preempt state or local law.

In the context of minimum wage, cities can implement minimum wage laws, but the question of how best to enforce them is a challenge. Unlike state or federal minimum wage laws, which already have an enforcement system in place, city minimum wage laws require the creation of new enforcement systems at the city level and coordination with state enforcement efforts. This is further complicated by the range of city sizes and capacities, as well as the already stretched resources for enforcement at the state level. However, some cities, like San Francisco, have robust city enforcement agencies that can serve as models for other cities.

Immigration laws

In the US, cities, towns, and counties or other municipalities may only enact laws and ordinances relating to firearms that are specifically authorized by state law. However, in some cases, cities have broad powers to establish municipal standards in certain areas, such as gun control. For example, in California, the Court of Appeal in *Kirk v. City of Morgan Hill* held that the ordinance was not preempted by state law because local governments are free to impose stricter gun regulations than state law.

In terms of immigration laws, the federal government can preempt local or state laws if those laws conflict with federal laws. For example, the Biden administration rescinded a Trump administration executive order that introduced penalties against sanctuary cities, which limit the enforcement and prosecution of federal immigration laws. The Trump administration's executive order was an example of preemption, as it conflicted with federal law.

The Immigration and Nationality Act and other public laws govern US immigration law. The USCIS Office of Chief Counsel (OCC) provides legal advice to immigration officials concerning issues that arise as they perform their official duties. Additionally, the Board of Immigration Appeals (BIA) decisions, handbooks, and practice manuals are also relevant to immigration laws.

At the state level, bills such as the "offense of trespass by an illegal alien" for immigrants lacking permanent legal status who violate state law or county municipal ordinance have been proposed in Missouri. Another bill, the "Immigrant Employment Registration and Taxation Protection Act," would require the Missouri Department of Labor and Industrial Relations to maintain a database of qualified immigrant workers.

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