Keith Mack
In the United States, local governments are generally structured into two tiers: counties and municipalities. Municipalities, which are defined as cities, towns, boroughs, villages, and townships, are generally responsible for services such as parks and recreation, police and fire departments, housing, and transportation. While the federal government and state governments share power in various ways, local governments must be granted power by the state. This dynamic often leads to conflicts between state and local laws, with questions arising as to whether municipal laws can supersede state laws. The answer to this question is complex and depends on various factors, including the specific state and local laws in question, the powers granted to local governments by the state, and the legal doctrines in play.
| Characteristics | Values |
|---|---|
| Can municipal laws trump state laws? | Generally, state law preempts town law unless the state law says otherwise. |
| Who makes the municipal laws? | Local governments, which include municipalities or cities/towns. |
| Who makes the state laws? | State legislatures made up of elected representatives. |
| Who has more power? | The Federal Government and State governments share power, but a local government must be granted power by the State. |
| What happens when state and local laws conflict? | A state government can nullify a local law that conflicts with, or deviates from, state law. |
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What You'll Learn
State law usually preempts town law
In the United States, state law typically takes precedence over municipal or town law. This is known as preemption, where a higher level of government uses its authority to overrule a lower level. While municipalities are generally responsible for services like parks, police, housing, and transportation, they are structured according to state constitutions and must be granted power by the state.
State legislatures, composed of elected representatives, create state laws. These laws can preempt local ordinances, as seen in cases where state governments have overruled city ordinances, such as in St. Louis, Missouri, and several cities in Virginia. However, some states, like Texas, allow cities to have "Home Rule" powers, granting them all powers that the state legislature could have given them but did not expressly take away.
The legal doctrine of "'home rule' gives local governments expanded authority over their affairs. In contrast, Dillon's Rule restricts local governments to only the lawmaking authority expressly delegated to them by the state or indispensable to their incorporation. Most states have a combination of these rules, applying them depending on the subject matter, municipality size, and statutory schemes.
While state law usually preempts town law, there are exceptions. For instance, if a town code is passed pursuant to power delegated within the Town Charter and conflicts with a general statute, the town ordinance may supersede. Nonetheless, the general rule is that state law typically takes precedence, unless the state law specifies otherwise.
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Local governments can be granted power by the state
Local governments generally include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. Municipalities are generally organised around a population centre and correspond to the geographical designations used by the United States Census Bureau for reporting housing and population statistics.
Municipalities vary in size, from millions of residents in New York City and Los Angeles to a few hundred people in Jenkins, Minnesota. They are generally responsible for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services (including public transportation), and public works (streets, sewers, snow removal, signage, etc.).
While the federal government and state governments share power in numerous ways, local governments must be granted power by the state. Powers not granted to the federal government are reserved for the states and the people, to be divided between the state and local governments. Each state has its own constitution, which serves as the basis for its laws.
The state legislature, composed of elected representatives, creates legislation that becomes law. The legislature also approves the state budget, initiates tax legislation, and can initiate articles of impeachment. The state can set certain standards, such as education standards for local school districts, or rules for local landfills, that local governments must abide by.
In some cases, local laws may supersede state laws if they are passed pursuant to a power delegated within the Town Charter and the local ordinance conflicts with a general statute. Some state constitutions allow for cities to have "Home Rule" powers, meaning they have all powers that the Legislature could have granted them and did not expressly take away.
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Preemption conflicts can emerge due to partisan differences
Preemption occurs when a higher level of government uses its authority to overrule a lower level of government. 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 partisan differences. 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. Conversely, Democratic state governments may clash with Republican-led localities, such as when several Virginia municipalities passed firearms resolutions that were overridden by state law.
However, shared party affiliations do not guarantee alignment between state and local governments. For instance, in 2017, New York's Democratic governor, Andrew Cuomo, signed a bill blocking a plastic bag tax in Democratic-led New York City. Other instances of preemption conflicts include ordinances related to the minimum wage, paid sick leave, firearms policy, plastic bags, and marijuana decriminalization. These conflicts can often be resolved through lawsuits in state and federal courts.
The preemption doctrine asserts that a higher authority of law will supersede the law of a lower authority when they conflict. This doctrine applies regardless of whether the conflicting laws originate from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act, enacted by Congress, takes precedence over state constitutions, and FDA regulations may override state court judgments involving prescription drugs. In some cases, Congress has entirely preempted state regulation, as seen in the domain of medical devices.
While preemption typically favours higher authorities, there are exceptions. According to City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), if significant interests for an issue vary across localities, courts may uphold local ordinances over state preemption unless expressly forbidden by a state statute. Additionally, if a state specifically authorizes an action, the local government generally cannot restrict it.
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The legal doctrine that gives local governments expanded power is called home rule
In the United States, local governments are generally granted power by the state. While state law typically preempts town law, there are instances where municipal laws can supersede state statutes. The legal doctrine that gives local governments this expanded power is called "home rule".
Home rule allows cities to exercise powers that the state legislature could have granted them but did not expressly take away through legislation. For example, in Texas, cities with home rule powers can exercise any authority that the state legislature could have granted them but did not expressly deny. This gives these cities significant autonomy in governing their affairs.
However, it's important to note that the application of home rule and the relationship between state and municipal laws can vary across different states. The National League of Cities (NLC) has raised concerns about increased state preemption of local laws, indicating that the dynamic between state and municipal governments is complex and evolving.
Municipalities, also known as cities or towns, are structured according to state constitutions and can vary widely in size and population. They are generally responsible for essential services such as parks and recreation, police and fire departments, housing, emergency medical services, transportation, and public works. While municipalities have a significant role in local governance, they operate within the broader framework of state and federal governments, which can preempt local ordinances in certain situations.
In summary, while state law generally takes precedence over municipal law, the legal doctrine of home rule empowers local governments by granting them expanded authority to govern their affairs. The specific dynamics between state and municipal laws can vary by state, and preemption of local laws by state or federal governments is also a factor to consider in this complex legal landscape.
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State law can preempt local ordinances if there is a logical conflict
The general rule is that state law typically preempts town law, unless the state law says otherwise. However, there are some exceptions to this rule. For example, if a town code is passed pursuant to a power delegated within the Town Charter and the ordinance conflicts with a general statute, the town ordinance may supersede the general statute.
State law can be used to preempt local ordinances, and federal law can be used to preempt state or local law. This is known as the preemption doctrine, which refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. Preemption conflicts can emerge between state and local governments due to differences in the partisan makeup of the respective governments. For instance, Democratic-led cities may be preempted by Republican state governments, and vice versa.
Courts have outlined various ways to determine when a state legislature has preempted a particular field. In the case of Allied Vending Co. v Bowie (1993), the court issued a seven-part test to determine whether a state legislature has preempted a field by implication. Some of the factors considered include whether local laws existed prior to the enactment of state laws on the same subject matter, whether the ordinance regulates an area in which local control has been allowed, and whether a two-tiered regulatory process would engender chaos and confusion if local laws were not preempted.
In the case of City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), the court ruled that if significant interests for a particular issue vary from locality to locality, courts will presume that they should favor the validity of local ordinances against state preemption, unless the state statute expressly forbids the ordinance.
State preemption standards have been applied in cases involving abortion, gun control, and public health. For example, in the case of State ex rel. Jennings v. City of Seaford, the court held that an ordinance requiring that all fetal remains resulting from abortion or miscarriage be cremated or interred was preempted and invalid, as it conflicted with state law, which did not permit that result. In another instance, the Northern California city of Morgan Hill enacted an ordinance requiring that the theft or loss of a gun be reported within 48 hours, while California state law requires such reports within 5 days.
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Frequently asked questions
No, state law preempts town law. However, if the town code is passed pursuant to a power delegated within the Town Charter and the ordinance conflicts with a general statute, the town ordinance may supersede the general statute.
Municipal governments are generally responsible for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services, and public works. They are structured as defined by State constitutions and are called townships, villages, boroughs, cities, or towns.
The legal doctrine that gives local governments expanded power over their local affairs is called "home rule". Dillon's Rule is the more restrictive counterpart, which states that local governments possess only lawmaking authority that is either expressly delegated to them by the state or indispensable to the purposes of their incorporation.
