City Laws: Overriding State Laws?

In the US, a city cannot pass a law that overrides a state or federal law. However, the state and federal governments do not have the resources to enforce the laws in every city. This means that a city might decide to not make the enforcement of certain laws a priority. For example, marijuana is illegal in the federal system and in many states, but there are cities where the police will turn a blind eye to it.

Lack of enforcement

While a city cannot pass a law that overrides a state or federal law, the state and federal governments do not have the resources to enforce the laws in every city. This means that a city might decide to simply not make enforcement of certain laws a priority. For example, marijuana is illegal in the federal system and in many states, but there are cities where the police will mostly turn a blind eye to it.

In some cases, state law allows local officials to negate it. New York did this with their experiment with legalising fireworks, allowing individual counties to choose to legalise or not.

In the case of abortion, a state without the State Supremacy style might write an anti-abortion law so that the law was absolute and did not allow cities to skirt around it. For example, some states have written their gun laws so that only the state has the authority to set laws regarding guns and any laws that cities or towns pass regarding guns are illegal.

So long as a city does not come out and say "it is our policy to defy state or federal law", it would be hard to prove that lack of enforcement is not simply a matter of limited resources at the city level.

Limited resources

For example, a city might decide not to allocate resources to enforce a particular state or federal law, effectively allowing the law to be ignored within its jurisdiction. This could be due to a variety of factors, such as budgetary constraints, personnel shortages, or a differing set of priorities.

In some cases, this lack of enforcement may be a result of the state or federal government's own limited resources. They may be unable to effectively monitor and enforce their laws in every city, especially in large or geographically dispersed areas. As a result, they may rely on local authorities to prioritise and enforce certain laws, creating a situation where city-level actions can appear to override higher-level legislation.

Additionally, the complexity and specificity of certain laws can also impact their enforcement. For instance, a state might write an anti-abortion law that does not allow cities to "skirt around it". However, if the state law is vague or does not explicitly address local variations, cities may have more leeway in interpreting and enforcing the law, potentially leading to inconsistencies in its application across different jurisdictions.

State law allowing local officials to negate it

A city cannot pass a law that overrides a state or federal law. However, a state law may allow local officials to negate it. For example, New York allowed individual counties to choose whether or not to legalise fireworks.

A city might also decide not to enforce certain laws, particularly if it does not have the resources to do so. Marijuana is a good example of this: it is illegal in the federal system and in many states, but in some cities, the police will turn a blind eye.

If a state were to write an anti-abortion law, it would likely write it so the law was absolute and not allow cities to skirt around it. For example, some states have written their gun laws so that only the state has the authority to set laws regarding guns, and any laws that cities or towns pass regarding guns are illegal.

Cities choosing not to enforce certain laws

Cities cannot pass laws that override state or federal laws. However, they can choose not to enforce certain laws. For example, marijuana is illegal in the federal system and in many states, but there are cities where the police will turn a blind eye to it and focus on other areas. So long as the city does not explicitly state that it is their policy to defy state or federal law, it would be hard to prove that the lack of enforcement is not simply a matter of limited resources.

In some cases, state laws allow local officials to negate them. For example, New York allowed individual counties to choose whether to legalise fireworks.

States can also write laws that make it so only the state has the authority to set laws on certain topics. For example, some states have written their gun laws so that any laws that cities or towns pass regarding guns are illegal.

State Supremacy

In the United States, a city cannot pass a law that overrides a state or federal law. However, the state and federal governments do not have the resources to enforce the laws in every city. Therefore, a city might decide to not make the enforcement of certain laws a priority. For example, marijuana is illegal in the federal system and in many states, but there are cities where the police will turn a blind eye to it.

A state without the State Supremacy style might write an anti-abortion law that was absolute and did not allow cities to skirt around it. For example, some states have written their gun laws so that only the state has the authority to set laws regarding guns, and any laws that cities or towns pass regarding guns are illegal.

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