Cameron Miranda
Local laws are created by the state and address various topics that affect our daily lives, such as zoning, taxation, and business laws. While local governments have the authority to create laws, their power is derived from the state and is not independent of federal law. The Supremacy Clause in the U.S. Constitution establishes that federal law supersedes conflicting state laws and, by extension, local laws. This principle, known as federal preemption, ensures that federal legislation takes precedence when there is a conflict between different levels of government. However, preemption can also occur between state and local laws, with states having the power to nullify local ordinances that deviate from or conflict with state-level legislation. This dynamic has led to conflicts between state and local governments, particularly in areas such as abortion rights, sanctuary policies, and election reform, where states have blocked local ordinances or reforms proposed by cities.
| Characteristics | Values |
|---|---|
| Local laws can override federal laws | No |
| Federal laws can override local laws | Yes |
| Local laws can override state laws | No |
| State laws can override local laws | Yes |
| Local laws can override each other | No |
| Local laws can coexist with federal/state laws | Yes, if complying with a local ordinance does not violate federal/state law |
| Local laws can deviate from state laws | No, state governments can nullify local laws that deviate from state laws |
| Sanctuary cities can override federal immigration laws | No, but they can limit the enforcement and prosecution of federal immigration laws |
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What You'll Learn
Sanctuary policies: non-cooperation with federal immigration enforcement
In the United States, federal law supersedes conflicting state law. However, the federal government cannot force state and local officials to carry out certain federal enforcement functions, including federal immigration enforcement activities. This means that state and local jurisdictions have a constitutional right to limit their involvement in enforcing immigration laws.
Sanctuary jurisdictions, therefore, have a degree of discretion in how they cooperate with federal immigration authorities. For example, they may choose to join federal-led task forces, sign up for the 287(g) program, or honor immigration detainers. However, they are not required to do so, and critics of federal immigration detainers argue that they can lead to racial profiling and undermine community policing.
Research published in 2020 by the National Academy of Sciences found that sanctuary policies did not affect crime rates or result in fewer people with violent convictions being deported. Sanctuary policies also do not conceal or shelter unauthorized immigrants from detection.
Despite this, the Department of Justice (DOJ) has recently filed litigation and taken other steps to challenge sanctuary jurisdictions, and the Trump administration attempted to define "sanctuary jurisdictions" as those that fail to cooperate with the federal government. In response, the Biden administration rescinded an executive order that introduced penalties against sanctuary cities.
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Abortion laws: local anti-abortion ordinances
In the United States, federal law supersedes conflicting state law. This is known as federal preemption, and it is grounded in the Supremacy Clause of the U.S. Constitution. However, in recent years, state preemption has gained prominence, allowing state governments to nullify local laws that conflict with or deviate from state law.
Local anti-abortion ordinances have been enacted in several states, including Texas, Ohio, and Nebraska, and proposed in California and Colorado. These ordinances aim to restrict abortion access and target organizations that advocate for abortion rights. For instance, in Texas, seven cities, including Waskom, Naples, and Joaquin, have passed "sanctuary city for the unborn" ordinances, declaring abortion protection organizations as "criminal organizations". These ordinances have faced legal challenges, with the ACLU arguing that they confuse residents about their rights, increase stigma, and obstruct the work of abortion rights advocates.
In Ohio, the city of Lebanon became the 29th city in the nation to pass an enforceable ordinance outlawing abortion within its city limits. This trend of bypassing statehouses and targeting smaller towns and cities governed by councils has emerged as a successful strategy for anti-abortion advocates. By focusing on municipalities without standing abortion clinics, they can effectively limit abortion access and influence local laws.
The enforcement of local anti-abortion ordinances raises legal questions about the conflict between state and local laws. According to legal scholars, if an individual can comply with a local ordinance without violating state law, there may not be a conflict between the two. However, when local ordinances directly conflict with state law, as in the case of abortion clinic operations, state law takes precedence.
The impact of these local anti-abortion ordinances extends beyond legal challenges. They create confusion about abortion rights, hinder advocacy efforts, and increase stigma against those who seek abortions. As a result, abortion rights organizations face obstacles in educating residents about their rights and providing access to reproductive healthcare services.
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Gun control laws: state preemption in blue cities
In the context of gun control laws in the United States, "preemption" refers to the act of a higher level of government removing regulatory power from a lower level of government. In recent years, most states have explicitly removed the authority of local governments to regulate guns and ammunition, threatening public safety and hindering law enforcement.
Historically, local communities in the United States faced few obstacles to enacting locally tailored gun laws. Cities like Philadelphia, New York, and Boston had extensive laws on gunpowder and gun use dating back to the colonial era. As the country expanded, "Wild West" cities like Dodge City and Tombstone adopted strong firearm regulations, with some banning firearms altogether within city limits.
Today, 42 states have broad firearm preemption laws, which can lead to dangerous and illogical results. For example, a state's preemption law may force a city to allow guns in sensitive places like parks, recreation centers, and city halls while allowing the city to ban knives from these same locations. In another example, officials in Richmond, Virginia wanted to ban bats, shields, knives, and poles from a white supremacist protest but couldn't prohibit guns at the rally due to the state's preemption laws.
Only eight states (California, Connecticut, Hawaii, Illinois, Massachusetts, Nebraska, New Jersey, and New York) generally allow local officials to pass firearms-related public safety laws. Some states with firearm preemption laws have extreme provisions designed to intimidate city officials from addressing gun violence. For instance, Florida's preemption statute imposes fines of up to $5,000 on local officials who adopt any firearm rules and prohibits them from using public funds to defend local public safety rules.
Despite state preemption laws, there have been instances where local firearms regulations have been upheld by the courts. In 2017, the Washington Supreme Court voted to uphold taxes on firearms and ammunition sold in Seattle, ruling that the tax did not count as a regulation on firearms. In another case, the Pennsylvania Supreme Court upheld the right of municipalities to sue those who enact their own firearms regulations.
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Zoning laws: state preemption over local powers
Preemption occurs when a higher level of government uses its power to overrule a lower level of government. Federal preemption is grounded in the Supremacy Clause of the U.S. Constitution, where federal law supersedes conflicting state laws. State preemption works in a similar way, where state governments can nullify a local law that conflicts with, or deviates from, state law.
State preemption over local zoning laws has been a growing phenomenon, with several states considering or passing laws that impinge on this area of local power. This has been driven by the housing crisis in America, where local zoning regulations have been seen as restrictive and contributing to the lack of affordable housing. States have mandated that land previously zoned for single-family housing should now allow "middle housing", such as duplexes and triplexes. The intention is to remove barriers to multifamily housing, encouraging the development of denser housing and, in turn, increasing the number of housing units available at more affordable prices.
State preemption of local zoning laws is a complex issue, with arguments for and against. One argument against is that zoning policy is usually implemented by municipalities, and state preemption of this local power can be seen as undemocratic, especially when considering the low voter turnout in local elections. On the other hand, defenders of municipal autonomy argue that local lawmaking is more democratic due to its proximity to the people.
State preemption of local zoning laws can also be seen as a way to address other issues, such as the climate crisis. For example, the Green New Deal, a federal resolution, calls for the federal government to decarbonize the economy and address the related crises the country is facing. By preempting local zoning laws, states can enact laws that address the climate crisis and the housing crisis simultaneously, such as by encouraging denser housing developments that reduce urban sprawl and carbon emissions.
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Taxation laws: local governments have taxation powers
In the United States, federal law supersedes conflicting state law, a principle known as federal preemption. However, state preemption has gained prominence in recent years, allowing state governments to nullify local laws that conflict with or deviate from state law.
Local governments are generally political subdivisions of states, and their authority is not based directly on a constitution. Instead, each state constitution outlines a procedure for establishing local governments, which typically involves approval from the state legislature. Local governments then receive a charter outlining their organisation, authority, and responsibilities, including taxation powers.
While local governments have taxation powers, these powers differ from those of other organisations and individuals. Local governments are generally exempt from income tax, as outlined in IRC section 115, which excludes income derived from public functions from gross income. However, they must withhold federal income tax, Social Security taxes, and Medicare taxes from employees' wages and pay a matching amount.
Local governments can also benefit from clean energy tax credits, as outlined in the Inflation Reduction Act of 2022. Additionally, tribal entities are recognised as governments under federal law and are subject to specific tax statutes.
In conclusion, while local governments possess taxation powers, these powers are exercised within the broader context of federal and state preemption, as well as specific tax laws and exemptions applicable to government entities.
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Frequently asked questions
No, local laws cannot override federal laws. The federal government can overrule authority at a lower level.
Federal law supersedes conflicting state law. However, states can nullify a local law that conflicts with or deviates from state law.
No, cities cannot have self-rule like Vatican City in Italy. Cities are political subdivisions that derive their power from the state they are in.
Yes, local laws can conflict with state laws. If an individual can comply with a local ordinance without violating the state law, there may not be a conflict.
Yes, states can overrule local laws. States can nullify local laws that conflict with or deviate from state law.
