Anaya Nolan
While it is not possible to buy a city, it is worth understanding the legal structure that governs cities and the laws that apply to them. Cities fall under the jurisdiction of local and municipal laws, which are created and enforced by local governments. These laws cover a wide range of topics that impact our daily lives. Cities themselves do not usually make laws, but they can adopt and amend ordinances, which are city laws or regulations. These ordinances are proposed, voted on, and passed by the city council and are then published for the public to view. However, it is important to note that state laws supersede local laws, and federal laws supersede state laws, creating a hierarchical structure where higher-level laws can override lower-level ones. This dynamic often plays out in courtrooms and town hall meetings, with cities and states sometimes clashing over their respective rights and powers.
| Characteristics | Values |
|---|---|
| What is a city? | A city, village, or town with corporate status and local government. |
| Who governs a city? | Generally, a council with a mayor governs municipalities. Some cities use a city manager to run the municipality with the city council. |
| What is a law called at the city level? | Ordinance |
| Who makes the laws in a city? | The public, clerks, and councils are involved in the process of making laws. |
| How are laws made in a city? | A proposed ordinance is presented. If passed with a Yea vote, the new ordinance is law. The Mayor and City Clerk sign the ordinance. The ordinance is published in the newspaper or on the civic website. |
| Can a city make its own laws? | Cities can pass different types of ordinances, depending on their purpose. However, state law prevails over local law, and states can invalidate local laws. |
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What You'll Learn
Municipalities and their laws
Municipal laws, also known as ordinances, are created through a parliamentary process that involves the public and the collaboration of clerks and councils. This process allows for the proposal, consideration, and approval of ordinances, which are then organised as the city's Municipal Code. Cities have the authority to pass different types of ordinances, such as amending existing laws or creating new ones, to meet the needs of their communities.
The power dynamics between federal, state, and municipal governments are crucial to understanding municipal laws. While the federal government can override state laws through the Supremacy Clause in the Constitution, state laws also supersede local laws in a concept known as preemption. This dynamic often leads to conflicts between cities and states, as seen in examples where state governments have overturned municipal ordinances, such as North Carolina's overturning of Charlotte's ordinance protecting LGBT individuals from discrimination.
However, there is a growing movement known as "home rule," where towns and cities seek to assert their right to self-govern by adopting their own Bill of Rights and charter. This movement highlights the tension between state and municipal governments and the desire for local communities to have more control over their laws and regulations.
It's important to note that municipalities also have unique ordinances that can impact businesses. These ordinances may relate to starting and operating a business, local taxes, and other regulations specific to the municipality. As a result, businesses may need to navigate different legal requirements depending on their location and seek legal assistance to ensure compliance.
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State law vs. local law
In the United States, federal, state, and local laws coexist in a complex interplay of governance. While the federal government has the power to override state laws through the Supremacy Clause in the Constitution, the Tenth Amendment grants states the authority to govern matters within their borders. This includes the power to create and enforce their own laws, as long as they don't conflict with federal legislation.
State laws typically address a broad range of domestic affairs, and each state maintains its own executive, legislative, and judicial branches to govern these matters. States often have their own constitutions, judicial systems, and police powers to enforce their laws.
Local governments, on the other hand, have authority over day-to-day issues that directly impact their communities. Municipalities, which include cities, villages, and towns with local governments, have their own rules and ways of functioning. For instance, they may have unique ordinances that regulate businesses or collect local and property taxes. Local law enforcement handles investigations, arrests, and the issuance of search and arrest warrants for state-level criminal offenses.
The legal doctrine of "home rule" grants local governments expanded power over their local affairs. However, in some states, Dillon's Rule restricts local governments to possessing only the lawmaking authority expressly delegated to them by the state or essential for their purposes. The tension between these two doctrines often comes into play, depending on the political context and the specific matter at hand.
When it comes to creating laws at the city level, the term "ordinance" is used. Cities follow a parliamentary process, involving the public, clerks, and councils, to propose, approve, and enact ordinances. These ordinances are then organised as the city's Municipal Code. However, states often have a say in how these ordinances are structured and enforced, and cities usually need to publish new laws in various media to ensure citizens are informed.
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Home rule
In the United States, home rule relates to the authority of a constituent part of a U.S. state to exercise powers of governance. Forty of the fifty states apply Dillon's Rule, which states that local governments may exercise only the powers that the state specifically grants to them. In some states, known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as these laws do not conflict with the state and federal constitutions.
The concept of home rule has been historically significant in the British Isles, particularly in the political movement for Irish independence from the United Kingdom in the 19th and 20th centuries. This movement resulted in the introduction of four Home Rule Bills, of which two were passed: the Government of Ireland Act 1914 and the Government of Ireland Act 1920. The latter established the home rule parliaments of Northern Ireland and Southern Ireland.
Additionally, the Faroe Islands and Greenland are self-governing territories within the Danish Realm, having been granted home rule by the Parliament of Denmark in 1948 and 1979, respectively.
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City ordinances
In the United States, the term "ordinance" refers to a city law. Cities can pass different types of ordinances, depending on their purpose. For example, changing an existing ordinance is called an "amending ordinance", while creating a new ordinance is called a "creating ordinance". Ordinances are proposed and then approved, after which they are organised as the city's Municipal Code, with various chapters and sections.
The process of moving from a proposal to a law involves the public and careful stewardship by clerks and councils. Once an ordinance is passed, it is signed by the Mayor and City Clerk, and then published. Historically, this was done through newspapers, but now it is more common for new laws to be published on the city's website. Most cities are required to publish new laws in various media to ensure all citizens are aware of them. In addition, states require cities to codify their ordinances, which is a technical process of formatting the law to ensure readability, understanding, and clarity.
At the state level, the term "preemption" refers to when state law invalidates local law. For example, when a town votes to stop a business from conducting harmful behaviour, such as dumping waste from factory farms, the state may overrule this decision. Other examples include when local legislation on sick leave or bans on plastic bags has been blocked by state governments.
In the case of Santa Monica, the city was forced to lift its ban on ATM fees when sued by Wells Fargo and other banks. Similarly, when Charlotte, North Carolina passed an ordinance protecting LGBT people from discrimination, the state government overturned it and passed a law barring all cities in the state from passing non-discrimination regulations.
While the federal government can override some state laws through the Supremacy Clause in the Constitution, this power has its limits. States are generally free to create and enforce their own laws as long as they are constitutional.
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Federal law superseding state law
In the United States, the federal government and state governments create laws that coexist to maintain a balance of power. The Supremacy Clause in the Constitution empowers the federal government to override certain state laws, but this power has limitations. States typically possess their own executive, legislative, and judicial branches, enabling them to establish and enforce their own laws, provided they don't contravene the Constitution. The Tenth Amendment of the Constitution grants states the authority to govern matters within their borders.
Municipalities, which include cities, villages, and towns with local governments, have their own sets of laws, often referred to as ordinances, that govern day-to-day life. These ordinances are proposed, amended, or repealed by the local council and mayor or a city manager, depending on the municipality's structure. The process of creating and amending ordinances involves public participation and the stewardship of clerks and councils. Once passed, ordinances are published in newspapers or on civic websites to ensure transparency and accessibility for citizens.
While federal law generally supersedes state law, there are instances where state laws may take precedence or exist in a grey area. For example, in certain U.S. states, cannabis is legal, but it remains illegal under federal law. The federal government has chosen not to enforce federal law in these states as long as the matter is contained within state borders. However, if challenged, these state laws could be overturned in favour of federal law.
Similarly, states may attempt to pass laws that contradict federal legislation, such as allowing the purchase of RPGs. In such cases, the federal government would likely continue to enforce federal law, preventing states from effectively legalising such actions. This dynamic showcases the complex interplay between federal and state laws, where the federal government selectively enforces its laws, considering the practicality and political implications of their actions.
Overall, while federal law typically supersedes state law, the relationship is nuanced. States enjoy a degree of autonomy in creating and enforcing their own laws, and the federal government may selectively enforce its laws based on various factors. This balance of power between federal and state governments is a fundamental aspect of the U.S. legal system.
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Frequently asked questions
A municipality is a city, village, or town with corporate status and local government.
Local government law and municipal law address much of our day-to-day life, covering various topics and issues. Generally, a council with a mayor governs municipalities. Each municipality has its own way of running, so a local attorney can help you navigate the system in your area.
Cities across the U.S. rely on a similar parliamentary process to move from concern or opportunity to law (municipal ordinance). These critical steps create a process that involves the public and careful stewardship by clerks and councils. Cities can pass a few different types of ordinances, depending on their purpose. Changing an ordinance (or law) is called an "amending ordinance". Creating a new ordinance is called a "creating ordinance".
In the United States, a home rule city is a city in which the governing system is defined by its own municipal charter document rather than solely by state statute (general law). State law may require general-law cities to have a five-member city council, for example, as in California, but a city organized under a charter may choose a different system, including the "strong mayor" or "city manager" forms of government.
