County Vs State: Who Wins In A Legal Showdown?

The US government operates a shared governance system, with federal, state, county, and local governments all playing a role. While the federal government's laws supersede those of individual states, there is a complex interplay between state and local laws. Counties often have a municipal charter and can provide local ordinances that dictate the powers of the government, but when there is a conflict between a state and local law, state law usually overrides any county or local ordinances. This is known as preemption.

Federal preemption

The US government operates a shared governance system, with power divided between the federal government and smaller levels of government, including state, county, and local governments. This division of power means that conflicts can arise between laws at different levels. 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. Federal preemption, therefore, refers to the ability of federal law to override state law.

The US Constitution's Supremacy Clause establishes that federal law displaces, or preempts, state law when the two conflict. This applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs. In some cases, such as with medical devices, Congress has preempted all state regulation. In other cases, such as with prescription drug labels, Congress has allowed federal agencies to set national minimum standards while allowing states to impose more stringent standards.

There are three types of preemption:

• Outright conflict: When a local ordinance directly opposes a state law.
• Express preemption: When a state law directly opposes a local power.
• Implied preemption: This occurs in two ways, field preemption or conflict preemption. Field preemption occurs when there is a broad scope of state regulation, reflecting a state intent to preempt all local regulations in a particular area. Conflict preemption occurs when it is impossible to comply with both state and federal regulations, or when a state law creates an obstacle to the achievement of Congress's objectives.

The Supreme Court tries to avoid preempting state laws and will usually prefer state laws over local laws when there is a conflict. Outside groups that favor more state or local control over policymaking may also weigh in on preemption conflicts.

State preemption of local laws

The US government uses a shared governance system, which means that federal, state, county, and local governments all play a role in the legal system. While the federal government can preempt local or state laws if they conflict with federal laws, there are also instances of state preemption of local laws.

Some common areas of state preemption include ordinances related to the minimum wage, paid sick leave, firearms policy, plastic bags, and marijuana decriminalization. For example, in 2021, Governor Greg Abbott of Texas signed a law that established penalties for cities that reduced their police department budgets, potentially preempting Austin's public safety budget changes. In another instance, Governor Brian Kemp of Georgia signed a bill preempting local police department budget reductions after similar proposals failed in Athens-Clarke County and Atlanta.

County government's role

The US government operates a shared governance system, with power divided between the federal government and smaller levels of government, including state, county, and local governments. This means that state and local governments play a crucial role in the legal system.

County governments have a variety of roles and responsibilities, which can include providing municipal charters, local ordinances, and dictating the powers of the government. In rural or remote areas, county governments are often the primary authority. County governments can handle local disputes that involve legal issues such as zoning, taxation, criminal and civil courts, and business law. Zoning ordinances, for example, can apply to businesses and residential areas, addressing public safety, land use, and real estate. Counties can also have a role in providing services for designated areas, and some districts may serve multiple states if there is an interstate contract.

However, it is important to note that the relationship between federal, state, and local governments is complex and can involve conflicts. The Supremacy Clause of the US Constitution states that federal law is "the supreme law of the land," meaning that federal law supersedes state or local laws in the case of a conflict. This is known as "preemption." For example, federal preemption has been used in the context of immigration laws and sanctuary cities. Additionally, state law may restrict the power of local governments, and generally, state laws override any county or local ordinances in the case of a conflict.

Municipal laws

Municipal law is the national, domestic, or internal law of a sovereign state. It is defined in opposition to international law, which is based on treaties, international agreements, and customary international law. Municipal law is derived from a country's constitution, statutes, regulations, and case law and is enforced by domestic legal and administrative institutions. It addresses internal matters of a state, including criminal justice, civil disputes, and regulatory issues. These laws are enacted by national, state, or local governments and regulate the behaviour of individuals, corporations, and entities within the country.

Municipalities have the power to make laws for specific purposes and geographic areas. These ordinances can be very specific and include regulations for dimensions, placement of utilities, parking, types of buildings, and more. It is important to note that municipal laws must be in writing and available to the general public to have the force and effect of law. They cannot conflict with federal, state, or other municipal laws, and they must conform to the requirements set forth in the charter or statute that created the municipality.

If a state has preempted an area of law that a municipal ordinance is attempting to control, the ordinance is invalid. Courts generally try to interpret laws to allow both state statutes and local ordinances to work together. However, if a conflict arises, courts will sever the conflicting language as long as the remaining municipal law is intelligible and aligns with the governing body's intent. Municipal laws can be held invalid if they are vague, arbitrary, unreasonable, or unconstitutional.

Local disputes

In the United States, the federal government can preempt local or state laws if they conflict with federal laws. This is known as "preemption." For instance, the Biden administration rescinded a Trump administration executive order that introduced penalties against sanctuary cities, which limit the enforcement of federal immigration laws. This was an example of the federal government overriding local laws.

State laws also typically override county or local ordinances. State statutes and constitutions regulate the power of cities to enact ordinances, and cities are generally not allowed to enact ordinances that directly conflict with state statutes. For example, a city ordinance that allowed the use or possession of marijuana would likely conflict with state statutes prohibiting possession.

Counties often have their own municipal charters and provide local ordinances, dictating the powers of the government. However, in cases of conflict between county and state laws, state laws usually take precedence. This hierarchical structure ensures a balance of power and consistency in legal frameworks.

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