Cecily Zamora
The relationship between federal, state, and local governments in the United States is complex, and the enforcement of federal law by local governments is a multifaceted issue. While federal law supersedes state and local laws, and federal preemption allows the federal government to override lower-level authorities, local governments still play a crucial role in enforcing federal legislation. This is achieved through a combination of public and private efforts, with federal agencies, state attorneys general, and private individuals all having the authority to enforce federal statutes. The dynamics between federal, state, and local governments are further influenced by political ideologies, with conflicts arising when laws and ordinances at different levels of government are at odds with each other.
| Characteristics | Values |
|---|---|
| Federal preemption | Federal law supersedes conflicting state law |
| State preemption | State government can nullify a local law that conflicts with, or deviates from, state law |
| Funding | Federal government can enforce requirements by revoking funding |
| Criminal charges | Federal government can bring criminal charges against agents of state or local governments involved in bribery |
| Private enforcement | Private individuals can bring suits to enforce federal law |
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What You'll Learn
Federal preemption of state or local law
There are three types of conflicts that can lead to federal preemption: outright conflict, express preemption, and implied preemption. Outright conflict occurs when a local ordinance directly opposes a state law. Express preemption occurs when a state law directly opposes a local power. Implied preemption is more controversial and may be harder to prevent. It occurs when a local ordinance prohibits an act permitted by state legislation, when a local ordinance permits an act prohibited by state legislation, or when there is a clear legislative intent that the "field" is preempted by state law. The "field" refers to an extensive scope of state regulation that reflects an intent to preempt all local regulations in a particular area.
Public and private efforts also play a role in enforcing federal law. Federal civil statutes typically vest enforcement authority in a federal agency, and some statutes also create private rights of action that allow private parties to sue to enforce federal law. State governments can also enforce federal law, particularly through their attorneys general, but this can lead to variations in enforcement due to differing interests and decentralised state enforcement.
Americans' opinions on federal preemption of state or local law are influenced by partisanship. Democrats are more likely than Independents and Republicans to support federal preemption, and there are perceptions that partisan conflicts influence preemption practices. However, federal preemption is a complex legal concept that is not solely driven by partisan differences, as exemplified by the Biden administration's rescinding of a Trump administration executive order that introduced penalties against sanctuary cities, which limit the enforcement of federal immigration laws.
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State preemption of local law
In the United States, state preemption occurs when a higher level of government uses its authority to overrule a lower level of government. State preemption can be used to invalidate actions or wrest power from a portion of the state government, usually a municipality or county. Preemption often arises from political disagreements between state legislatures and municipal governments, with partisan divisions being the largest source of conflict.
State preemption can take various forms. For instance, a state may enact a requirement while allowing municipalities to pass more stringent laws, or it may withhold state funds from municipalities that enforce preempted laws. In some cases, state preemption laws may contain punishments for enforcing preempted laws, such as withholding funds or exposing officials to lawsuits. Most states have some form of home rule, which expands municipal power, but only California and Ohio protect municipalities from preemption.
Preemption conflicts can emerge between state and local governments due to differences in partisan makeup. For example, Republican-led state legislatures may preempt efforts by Democratic-led cities to increase the minimum wage, as seen in the case of St. Louis, Missouri. Similarly, Democratic-led municipal governments in Virginia passed firearms resolutions that were preempted by state law.
State preemption can also impact local laws in various policy areas, including firearms, rent control, transgender rights, local law enforcement budgets, and school curriculum. For instance, most states have some preemption against local firearm regulations, and in 2019, this number stood at 43. In another example, Proposition 10 sought to repeal the Costa-Hawkins Rental Housing Act, which limits rent control in California, to allow local governments to adopt rent control ordinances.
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Federal funding conditions
One example of this is the JAG program, which provides funding to law enforcement agencies with the condition that they do not discriminate based on race, religion, or sex in employment practices or any funded activities or programs. The federal government can enforce these requirements by revoking funding if the relevant conditions are not satisfied. Similarly, the Death in Custody Reporting Act conditions certain federal funding on compliance with reporting requirements regarding deaths that occur in the custody of law enforcement agencies.
Another illustration of federal influence through funding conditions is the Biden administration's reversal of a Trump-era executive order. The initial order imposed penalties on sanctuary cities, which limit the enforcement of federal immigration laws, by making them ineligible for federal grants. The Biden administration's rescission of this order removed the penalty, highlighting the impact of federal funding conditions on local policies.
Furthermore, the Necessary and Proper Clause empowers Congress to ensure that taxpayer dollars are spent for the general welfare and not wasted through practices like disability discrimination. This clause has been invoked to justify legislation barring recipients of federal transportation funds from engaging in disability discrimination. By linking funding conditions to specific policy goals, Congress can shape local practices without directly imposing its will on states.
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Private enforcement of federal law
Federal law is enforced through a combination of public and private efforts. While federal civil statutes typically vest enforcement authority in a federal agency, many federal statutes also authorize civil enforcement by the states, usually through their attorneys general. Private enforcement of federal law involves the participation of non-governmental entities, such as private security guards or individuals, in ensuring compliance with federal laws.
The private sector further enhances law enforcement efforts by providing additional resources and focusing on specific areas, such as property crimes. This blended model of public and private enforcement ensures comprehensive coverage, cost efficiency, and effective crime control. Private enforcement efforts can also include the use of private-sector pro bono assistance for law enforcement officers.
In addition, private individuals can bring suits to enforce the statute's provisions. For example, private individuals can bring suits to enforce the provisions of Title VI of the Civil Rights Act, which prohibits racial discrimination in programs and activities that receive federal financial assistance. Aggrieved persons may also pursue private rights of action to enforce anti-discrimination provisions in funding received by law enforcement agencies under the JAG program.
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Federal criminal charges against local governments
The federal government can also bring criminal charges against any person, including local government officials, who, "under colour of any law," deprive an individual of their constitutional rights. For example, the Department of Justice may bring charges against a local law enforcement officer for the excessive use of force in violation of the Fourth Amendment.
In addition, federal law enforcement agencies that receive funding under specific programs, such as the JAG program, are prohibited from discriminating based on race, religion, and sex in employment practices or activities funded by these grants. If a state or local government receiving such funds engages in a pattern of violations, the Attorney General may initiate a civil action in federal court and potentially revoke funding.
Furthermore, federal and state law may overlap in criminal cases, particularly when the federal statute relies on Commerce Clause powers, resulting in "concurrent jurisdiction." This means that if a person is acquitted of a federal charge, they may still face prosecution by state authorities for the same actions, as the Fifth Amendment's protection against "double jeopardy" does not apply in this context.
It is important to note that federal courts have jurisdiction over criminal matters when states lack jurisdiction or in areas specifically reserved for the federal government by the Constitution, such as bankruptcy, immigration, patents, and postal services. Federal authorities may also prosecute crimes that cross state lines or occur on federal property, even if they are typically handled by states.
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Frequently asked questions
Federal law is enforced through a combination of public and private efforts. Federal civil statutes vest enforcement authority in a federal agency, and some also allow private parties to sue to enforce federal law. Local governments can enforce federal law, but federal law supersedes conflicting state law.
Yes, federal law can be used to preempt state or local law. This is called preemption, a legal concept that allows a higher level of government to overrule authority at a lower level.
Yes, state law can be used to preempt local ordinances. State preemption litigation often involves political issues, such as local efforts to regulate abortion, enact gun control measures, or enforce COVID-19 restrictions.
