Keith Mack
Local laws, also known as municipal codes, are a collection of laws passed by a local governing body, such as a county, city, village, or township. These laws, which can include ordinances, bylaws, and measures, have the force and effect of law within the municipality as long as they do not conflict with state laws. The process of creating a local law typically involves proposing a bill, which can be done by a member of the local governing body or through a citizen petition. The bill is then assigned to a committee for research and discussion before being presented to the local governing body for a vote. If the bill passes, it may be presented to the local leader for approval and enactment. The specific process can vary depending on the location and type of local government.
| Characteristics | Values |
|---|---|
| Who can propose a bill | A sitting member of the U.S. Senate or House of Representatives, a candidate during their election campaign, or citizens who can petition bills to their representative |
| What is a bill | A proposal for a new law or a change to an existing law |
| What happens after a bill is introduced | It is assigned to a committee that researches, discusses, and makes changes to the bill |
| What happens after the committee stage | The bill is put before the chamber to be voted on |
| What happens if the bill is accepted by both bodies | Both chambers must work out the differences between the two versions and vote on the same version of the bill |
| What happens if the bill passes | It is presented to the president for approval |
| What happens if the president approves the bill | The bill is signed into law |
| What happens if the president does not approve the bill | The president can veto the bill |
| What happens if the president vetoes the bill | In most cases, Congress can vote to override the veto, and the bill becomes a law |
| What happens if the president does not sign off on the bill and Congress is no longer in session | The bill will be pocket vetoed and cannot be overridden by Congress |
| What is the difference between the Senate and the House | Both are equal in functionality, but only the House can initiate tax and revenue-related legislation |
| What are municipal codes | A collection of laws passed by a local governing body (county, city, village, township, etc.) that do not conflict with the laws of the state in which the municipality is located |
| What are some examples of municipal laws | Ordinances, bylaws, measures |
| What is the relationship between state and local laws | State laws override municipal ordinances in case of conflict |
| What is the role of local law enforcement | They handle investigations, arrests, and issuing search and arrest warrants for state-level criminal offenses |
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What You'll Learn
Local laws must not conflict with state laws
Local laws are subject to state laws and cannot contradict them. This is known as preemption, a legal concept that allows a higher level of government to override laws made by a lower level of government if they conflict. For example, federal law takes precedence over state law, and state law takes precedence over local law.
In the United States, the Supremacy Clause is a constitutional provision that establishes the supremacy of federal law over state law. It specifies that certain federal acts take priority over state acts that conflict with them. The Supremacy Clause assumes the underlying priority of federal authority, and federal preemption applies regardless of whether the conflicting laws come from legislatures or courts.
When it comes to state and local laws, the state law is the higher authority and local laws cannot contradict them. For example, in the city of Morgan Hill, California, a local ordinance requiring that the theft or loss of a gun be reported within 48 hours was challenged by a gun owner and the California Rifle & Pistol Association as it conflicted with California state law, which requires a five-day minimum standard. The California Court of Appeal upheld the local ordinance, reaffirming California's recognition of cities' broad powers to establish municipal standards in the area of gun control.
However, in another case, the city of Seaford, Delaware, enacted an ordinance mandating that all fetal remains resulting from an abortion or miscarriage be cremated or interred. This was challenged by the state attorney general as it conflicted with Delaware's statewide statutory scheme for the disposal of human remains, which requires an official record of death before human remains can be cremated or interred. The court ruled that the local ordinance could not "enact a law that conflicts directly with a law established by the senior sovereign".
It is important to know your state's approach to local authority when it comes to preemption cases. For example, in California, prior case law establishing local governments' flexibility in addressing gun control was an important factor in upholding local ordinances. In addition, when arguing for preemption, it can be helpful to identify narrow areas of clear conflict rather than conceptual tensions between state and local laws.
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Local laws can be proposed by citizens
In a democracy, citizens can propose local laws through a process called the initiative process. This process allows citizens to propose statutes or constitutional amendments to be considered for implementation in their state. The initiative process can be direct or indirect, depending on the state. Direct citizen initiatives are placed on the ballot without going through the state legislature if they meet certain requirements, such as signature gathering, subject matter, and deadlines. On the other hand, indirect citizen initiatives are submitted to the state legislature for approval, and the legislature can decide to adopt the measure, take no action, or propose an alternative.
At the city level, the term for a law is an "ordinance." Citizens can propose ordinances by bringing them to the attention of the city clerk, who then adds them to the city council's public agenda for discussion and research. The city clerk or city attorney may also conduct research on the proposed ordinance, including checking for any conflicting state laws or similar ordinances in neighboring cities. This process ensures that local laws are well-informed and consistent with higher-level legislation.
Public participation is an essential aspect of the local law-making process. Cities across the US follow a parliamentary procedure that encourages citizen involvement and careful consideration by clerks and councils. By publishing their municipal codes online, cities make it easier for citizens to understand and access local laws. This transparency fosters a more informed and engaged civil society.
Citizens play a vital role in shaping the laws that govern their communities. By proposing local laws, citizens can address specific concerns or opportunities that may not be adequately addressed by existing legislation. This initiative process empowers individuals to take an active part in civic life and contribute directly to the development of laws that reflect the values and needs of their local community.
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Local laws are researched and discussed by a committee
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee hearing is required to be open to the public unless the committee determines that the disclosure of testimony, evidence, or other matters may endanger national security, compromise sensitive law enforcement information, or violate a law or rule. During the committee stage, amendments are made to the bill, with new matter indicated in italics and deleted matter in strikethrough. Committee reports are considered the most valuable element of the legislative history of a law, as they are used by the courts, executive departments, and the public to understand the purpose and meaning of the law.
The committee can also vote to discharge the bill from consideration, referring it to the Calendar of Motions to Discharge Committees. Certain measures may be considered ahead of others if they are deemed more important or urgent. In some cases, the House may agree to consider measures unanimously, even if they are unreported.
After the committee stage, the bill is put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting. Once both bodies accept the bill, they must reconcile any differences between the two versions before voting on the final version.
Overall, the committee plays a crucial role in researching, discussing, and amending the bill before it moves forward in the legislative process. Their work helps to shape the final version of the bill and ensures that it is thoroughly vetted before becoming law.
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Local laws are voted on by a chamber
In the United States, local laws are typically created and voted on by a local governing body, such as a county, city, village, township, or other similar governmental subdivision. These local laws are often referred to as "municipal codes," "ordinances," "bylaws," or "measures." While the specific process may vary depending on the location and type of local law, there are some general steps that are commonly followed.
Firstly, the idea for a new local law, or a change to an existing one, can come from various sources. It could be proposed by a member of the local governing body or suggested during their election campaign. Citizens or community groups can also play a role by petitioning for a new law or amendment and presenting it to their representative. Once a proposal is introduced, it is assigned to a committee.
The committee plays a crucial role in scrutinizing and refining the proposed local law. They research, discuss, and make amendments to the proposal. This process ensures that the law is well-considered and takes into account various perspectives. After the committee has completed its work, the proposed local law is then presented to the chamber for a vote.
The chamber, which is the legislative body of the local government, consists of elected officials who represent the interests of their constituents. Each member of the chamber has the opportunity to debate, discuss, and vote on the proposed local law. The specific voting procedures may vary depending on the local government's rules and regulations.
During the voting process, the chamber may make additional amendments to the proposed local law based on the input and consensus of its members. Once the chamber has voted and agreed on the final version of the local law, it may then be presented to other relevant bodies or authorities for further review or approval, depending on the specific structure of the local government and the nature of the law being proposed.
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The president can veto a local law
In the United States, the president can veto a local law. A bill is a proposal for a new law or a change to an existing law. Bills can be proposed by sitting members of the U.S. Senate or House of Representatives, or during their election campaigns. They can also be petitioned by citizens who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes to the other body to repeat the process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president.
The president then has the power to approve the bill and sign it into law, or to veto it. If the president chooses to veto a bill, Congress can usually vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This is called a pocket veto and it cannot be overridden by Congress.
In other countries, the power to veto a local law may lie with different branches of the government. For example, in Japan, there is no veto at the national level as the country has a parliamentary system and the constitution does not give the emperor the authority to refuse to promulgate a law. However, under the Local Autonomy Act of 1947, the executive of a prefectural or municipal government can veto local legislation. In Iran, the Guardian Council has the authority to veto bills passed by the Islamic Consultative Assembly based on legislation being contrary to the constitution or Islamic law.
The strength of a president's veto power can vary depending on the country's political system and the scope, time limits, and requirements for override. For example, in South Korea, the president can return a bill to the National Assembly for "reconsideration," but partial and amendatory vetoes are forbidden. Overrides are rare, and a 2/3 majority of members present is required for the National Assembly to override a veto.
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Frequently asked questions
Local laws are laws that are passed by a local governing body, such as a county, city, village, township, or town with corporate status and local government. They are also referred to as ordinances, bylaws, or measures.
A proposal for a new local law, or a change to an existing one, can come from a sitting member of a local governing body, or be proposed by citizens or citizen groups who petition their representative with the proposal.
Once a proposal is introduced, it is assigned to a committee, who will research, discuss, and make changes to it. It is then put before the local governing body to be voted on. If it passes, it may need to be presented to a higher authority, such as a state governor or president, for approval.
Local laws cannot conflict with the laws of the state in which the local governing body is located. In the case of a conflict, state laws override local laws.
