County Vs State Law: Who Trumps Whom?

The United States' legal system is structured on a complex hierarchy of laws, with the US Constitution at the top, followed by federal laws, state laws, and local ordinances. This hierarchy is crucial for maintaining consistency and order in the legal system, and it determines which law takes precedence when conflicts arise. While state laws typically supersede local ordinances, there are instances where local laws can impose more stringent regulations. This interplay between state and local laws is a delicate balance that forms the core of our legal system.

The Preemption Doctrine

There are two main types of preemption: express preemption and implied preemption. Express preemption occurs when a federal statute or state law explicitly states its intention to supersede conflicting laws from lower authorities. For example, a state law may expressly state that it supersedes any conflicting local ordinances. Implied preemption, on the other hand, is more controversial and can be harder to establish. It occurs when the intent to preempt is implied rather than explicitly stated. This may happen when a local ordinance prohibits an act permitted by state law or permits an act prohibited by state law.

Hierarchy of laws

In the United States, the hierarchy of laws is a complex structure, with federal laws at the top, followed by state laws, and then local government laws. This hierarchy is crucial for determining which law takes precedence when there are conflicts between different levels of laws. Generally, a higher-level law supersedes a lower-level law on the same subject matter, a principle known as the preemption doctrine.

State laws are enacted by state legislatures and can address a wide range of issues, including criminal and civil courts, business law, zoning, taxation, and more. They set the rules for the entire state and typically take precedence over local ordinances. However, it's important to note that states may have constitutional provisions that grant certain powers to local governments or delegate specific issues to their jurisdiction, allowing for exceptions to this general rule.

Local ordinances are created by cities, counties, or other local government bodies to address specific needs within their jurisdiction. While they must comply with both the state constitution and state laws, there are instances where local laws can impose more stringent regulations than state laws. However, any local law that conflicts with federal law or the Constitution will be deemed invalid.

It's worth mentioning that HOA, or homeowners association, rules are another set of regulations that homeowners must follow. These rules govern the community in which the homeowners reside and typically cover issues such as property maintenance, architectural guidelines, and behavior standards. However, HOA rules cannot supersede federal, state, or local laws.

Local ordinances

In the United States, the federal government operates alongside smaller levels of government, including state, county, and local governments. This shared governance system creates a complex hierarchy of laws, with federal laws at the top, followed by state laws, and then local government laws.

However, the relationship between state and local laws is not always straightforward. While state laws usually take precedence, there are instances where local laws can impose more stringent regulations. Additionally, states may have constitutional provisions that grant certain powers to local governments or delegate specific issues to their jurisdiction, allowing for exceptions to the general rule of state law supremacy.

It is important to note that any local law that conflicts with federal law or the Constitution will be deemed invalid. The legal framework within which these laws operate is crucial in determining whether a local ordinance can supersede a state law. Consulting with legal professionals is essential to fully understand the specific laws and regulations applicable to a particular jurisdiction.

State constitutions

The Tenth Amendment to the US Constitution, part of the Bill of Rights, states that:

> The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

This indicates that states retained the right to adopt their own constitutions when the US Constitution was adopted. The Guarantee Clause of Article 4 of the US Constitution also guarantees each state a republican form of government.

While state laws generally take precedence over local laws, there are instances where local laws can impose more stringent regulations. However, any local law that conflicts with federal law or the US Constitution will be deemed invalid. The Preemption Doctrine is a legal principle that determines whether a local law can override a conflicting state law. Preemption occurs when a higher level of government’s law supersedes or displaces a lower level of government’s law on the same subject matter. Explicit preemption occurs when a state law expressly states that it supersedes any conflicting local ordinance.

Federal laws

In the United States, the federal government sits at the top of the hierarchy of laws, followed by state laws, and then local government laws. This means that federal laws generally take precedence over state laws, and any local law that conflicts with federal law or the Constitution is deemed invalid. This is known as the "Supremacy Clause", which assumes the underlying priority of federal authority and is considered a cornerstone of the US federal political structure.

The Supremacy Clause dictates that federal statutes and treaties are regarded as the "supreme law of the land", with no superiority given to either. Treaties are considered equally binding as domestic federal law, and the Supreme Court has held that the Supremacy Clause allows the federal government to make treaties that supersede state law, even if they abrogate states' rights. However, federal statutes and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power.

The Supreme Court has ruled on several cases involving the preemption of state laws by federal laws. For example, in 'Sperry v. Florida', the Court examined a conflict between federal patent laws and state laws governing the licensure of attorneys. In 'Arizona v. United States', the Court held that federal immigration law preempted an Arizona state law penalizing undocumented immigrants working without authorization.

Frequently asked questions