Cecily Zamora
Cities have different laws due to the shared governance system, where power is balanced between the federal government and smaller levels of government. In the US, each state has its own constitution, executive, legislative, and judicial branches, allowing them to create and enforce their own laws, so long as they are constitutional. This results in variations in laws between states and, consequently, the cities within them. Additionally, cities within a state may have their own local laws and governments, with the power to make laws for specific purposes and geographic areas. These laws can relate to zoning, taxation, criminal and civil courts, and business operations. However, in some cases, state laws can override local laws, a concept known as preemption.
| Characteristics | Values |
|---|---|
| Level of government | Federal, state, and local |
| Federal government's role | Can override some state laws |
| State government's role | Create and enforce their own laws, address domestic affairs |
| Local government's role | Handle smaller issues, pass local ordinances, dictate government powers |
| Local laws | Zoning, taxation, criminal and civil courts, business law |
| Municipalities' powers | Pass various types of laws to govern themselves, make laws for specific purposes for certain geographic areas |
| Home rule states | Grant municipalities the ability to pass laws to govern themselves |
| Dillon's Rule states | Local governments have limited authority, need state legislature permission to pass laws |
| Preemption | When state law invalidates local law |
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What You'll Learn
Home rule states vs Dillon's Rule states
In the United States, the laws at the federal, state, and local levels can vary. This is because the US government operates under the principle of federalism, where power is shared between the national government and state governments. As a result, cities can have different laws, depending on their location and the specific state and local laws that apply.
Dillon's Rule and Home Rule are two opposing ideologies that arose in the late 19th century to address the question of where local governments derive their power. Dillon's Rule states that local governments are subdivisions of the state and can only exercise powers specifically granted to them by the state. In other words, local governments are dependent on the state for their structure and authority. Forty of the fifty states apply some form of Dillon's Rule, with 31 states being exclusively Dillon's Rule states.
On the other hand, Home Rule grants municipalities and counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with state and federal constitutions. In Home Rule states, local governments have more autonomy and can respond to local challenges and growth management more effectively. There are 10 exclusive Home Rule states, while 21 states have a mix of Home Rule and Dillon's Rule.
The distinction between Home Rule and Dillon's Rule states has important implications for local governance. In Dillon's Rule states, cities and counties must seek permission from the state legislature to pass laws or ordinances not explicitly permitted under existing state legislation. This can result in a more centralised control of local governments. In contrast, Home Rule states provide more flexibility for local governments to address the specific needs and challenges of their communities.
While the majority of states in the US apply some form of Dillon's Rule, the debate surrounding Home Rule and Dillon's Rule continues. Local and state government officials, constituency groups, and voters often express confusion about the true nature of Dillon's Rule and its implications for local governance. Ultimately, the balance of power between state and local governments is a complex issue that varies across the country, leading to the diverse legal landscape seen in the US today.
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Federal vs state laws
Federal laws are decided by the Legislative Branch of the US federal government (Congress) and apply to the entire nation. The powers of the federal government are listed in the US Constitution at Article I, Section 8, and include immigration, bankruptcy, the postal service, intellectual property, and the military. Federal law also controls topics where Congress spends money to create programs for the general welfare, such as when federal funds are offered to a state.
State laws are laws that have been adopted by a state legislature and signed into law by the state governor. State laws apply to people who live in or are passing through that state. State courts have jurisdiction over matters like criminal law, real estate law, and welfare matters. State law can grant citizens within a state additional rights that are not explicitly granted by federal law, such as the legalisation of recreational or medical marijuana in certain states.
In the case of conflict between federal and state laws, federal law takes precedence. This is due to the Supremacy Clause in Article VI of the Constitution, which states that federal law cannot be impeded or restricted by any state law.
In addition to federal and state laws, there are also local laws that apply at the city or municipal level. In some states, known as home rule states, the state's constitution allows municipalities and counties to pass laws to govern themselves, as long as they do not conflict with the state and federal constitutions. In other states, known as Dillon's Rule states, local governments have only the powers specifically granted to them by the state.
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Local zoning ordinances
Zoning designations vary by state, county, and municipality. For example, in some areas, residential zoning includes designations like R-2 for up to two residential units per acre, or R-4 for up to four residential units per acre. However, these designations can mean very different things depending on the municipality, so it is important to check with the local zoning office to understand the specific regulations.
The ability of cities to implement their own zoning ordinances is dependent on the state they are in. In the United States, there are two main types of states in this regard: home rule states and Dillon's Rule states. In home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves, including zoning ordinances, as long as they do not conflict with state and federal constitutions. Dillon's Rule states, on the other hand, only grant limited authority to local governments, and cities or counties must obtain permission from the state legislature if they wish to pass a law or ordinance not specifically permitted under existing state legislation. Most states have a mix of these two systems.
Zoning ordinances can have significant impacts on communities. For example, low-density residential zoning regulations have been cited as contributing to the housing crisis in areas with limited opportunities for expansion. On the other hand, zoning ordinances can help cities maintain their character as they grow, such as by preventing factories from being built in residential areas or high-rise buildings from being constructed far away from transportation hubs.
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Municipal charters
A municipal charter is a legal document that establishes a municipality such as a city or town. The concept of municipal charters first emerged in Europe during the Middle Ages. Historically, the granting of a charter afforded a settlement and its inhabitants certain "town privileges" within the feudal system. Those who lived in chartered towns were known as "burghers", as opposed to "serfs" who lived in villages. Chartered towns were often "free" in that they were directly protected by the king or emperor, rather than being part of a fiefdom.
Today, the process for granting municipal charters varies depending on the type of government in the state in question. In monarchies, for example, charters are typically granted by the Crown or authorities acting on its behalf. In federations, the granting of charters may fall within the jurisdiction of a lower level of government, such as a province. In the United States, municipal charters are established either directly by a state legislature through local legislation or indirectly under a general municipal corporation law, usually following a referendum vote of the affected population.
The municipal charter is the most important legal document of any city, serving as a "rulebook" for how a city operates. It outlines the city's government structure, the powers and responsibilities of officials, and how the city will be run. This includes details such as how the city council is elected, how laws are made, and how the city's finances are managed. In this sense, the municipal charter is akin to a city's constitution, providing a framework for local governance.
The Model City Charter, first published in 1900, is used by hundreds of cities as a guide for their charter language and governance structure. The National Civic League initiated a revision process for the Model City Charter in November 2020, marking the first full revision since 2000. The revised edition emphasises the importance of civic engagement and equity, encouraging the direct election of mayors and providing options for council elections in cities of varying sizes and demographics.
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State preemption
In the United States, preemption is a legal doctrine that allows higher levels of government to restrict or prevent lower-level governments from self-regulating. State preemption occurs when state law is used to overrule local ordinances, and federal preemption occurs when federal law is used to overrule state or local law. The extent of a state's ability to preempt local governments depends on whether the state grants local governments the power to govern (Home Rule) or follows Dillon's Rule, which only permits local governments to legislate where the state has expressly allowed.
Forty of the fifty states apply some form of Dillon's Rule, which says that local governments may exercise only the powers that the state specifically grants to them. Dillon's Rule states include Connecticut and Rhode Island, which do not have independent county governments. In these states, a city or county must obtain permission from the state legislature to pass a law or ordinance not specifically permitted under existing state legislation.
Home Rule states, on the other hand, grant municipalities and/or counties the ability to pass various types of laws to govern themselves, as long as they do not conflict with state and federal constitutions. Examples of Home Rule states include Florida, which applies home rule to everything except taxation, and the thirteen states that allow all counties home rule authority.
Preemption conflicts between state and local governments can arise due to differences in partisan makeup. For example, in 2017, New York's Democratic governor, Andrew Cuomo, signed a bill blocking a plastic bag tax in Democratic-led New York City. Other examples of state preemption include the Kansas State Legislature's passage of the Energy Choice Act, which preempted parts of the city of Lawrence's renewable energy transition plan, and a Florida appeals court upholding a 2011 law imposing penalties on local government officials who enact or enforce firearms ordinances.
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Frequently asked questions
Cities have different laws because the federal government delegates smaller issues to local governments.
Local laws can include zoning, taxation, criminal and civil courts, and business law. For example, local zoning ordinances can designate an area for industrial use only and regulate dimensions, placement of utilities, parking, and types of buildings.
Yes, this is called preemption. For example, several states have prohibited cities from enacting firearm regulations. States can also overturn local ordinances, such as when North Carolina overturned Charlotte's ordinance protecting LGBT people from discrimination.
Home rule states allow municipalities to pass various types of laws to govern themselves as long as they do not conflict with state and federal constitutions. Dillon's Rule states only grant local governments limited authority, and a city or county must obtain permission from the state legislature to pass a law not specifically permitted under existing state legislation.
