State, Local, and Municipal Laws
Our government uses a shared governance system. This means there is a combination of the federal government and smaller levels of government. These include state, county, and local governments. The law goes beyond the Constitution and federal laws. State and local governments play a crucial role in our legal system.
If you have questions about state, local, and municipal law, contact a lawyer near you to talk about interpreting the law for your legal needs.
The Role of State Law
The federal and state governments make laws that exist concurrently to create a balance of power. While the Supremacy Clause in the Constitution gives the federal government the power to override some state laws, this power has its limits. States are generally free to create and enforce their own laws so long as they are constitutional.
State laws typically address domestic affairs, and most areas of law are not explicitly given to Congress. The Tenth Amendment of the Constitution gives states the power to govern matters within their borders.
Typically, each state has its own executive, legislative, and judicial branches. States often have a constitution or code, a judicial system, and police power to enforce the law. State laws can address a broad range of legal issues, such as:
- Criminal and court systems
- Collecting state income or other taxes
- Family and divorce law
- Social welfare and aid programs
- Police and emergency services
- Maintenance of state highways and roads
- Local governments and delegating authority
Generally, if there is a conflict between state and local laws, state laws override municipal ordinances. Additionally, many states allow local courts to handle certain types of disputes within their own municipalities.
US Territories
Outside the 50 states, there are also legal territories of the United States. This includes Puerto Rico and Guam. These territories have some powers, such as taxation and laws governing criminal and civil matters. However, they do not have the same voting power in Congress. This is a contested issue in our legal system. The power of territories is likely to evolve.
The Role of Local and Municipal Law
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. Some cities use a city manager to run the municipality with the city council. Each municipality has its own way of running, so a local attorney can help you navigate the system in your area.
School Districts
School districts may have their own rules governing a school system. These rules apply to that specific area.
Special Districts
There are also special districts that can function autonomously. The Census Bureau recognizes special districts as separate entities from the local or municipal government. Their legal authority allows them to provide services for a designated area. Some districts may serve multiple states if there is an interstate contract.
Special district legislation may include:
- Transportation systems or parking facilities
- Public parks and conservation
- Port authorities
- Fire protection or regional ambulatory services
- Airports
- Irrigation and water supply
- Sewage and waste treatment facilities
- Electric, fiber optic, or natural gas utilities
County Powers
Counties often have a municipal charter, provide local ordinances, and dictate the powers of the government. The cities, towns, or villages within a county may have their own local laws and government. Often, rural or remote areas rely on the county government.
Common Legal Issues in State and Local Law
Local disputes can involve different types of legal issues, including zoning, taxation, criminal and civil courts, and business law.
Zoning Issues
Local zoning ordinances can apply to businesses and residential areas. These ordinances address public safety, land use, and real estate. Municipalities have the power to make laws for specific purposes for certain geographic areas. For example, municipal codes may designate an area for industrial use only.
These ordinances can be specific and include regulations for dimensions, placement of utilities, parking, types of buildings, and more. If you are facing a zoning issue, talk to a local attorney.
Business Law
Whether you have a small or large business, your municipality may have unique ordinances that affect your company. Most jurisdictions have specific rules for starting and operating a business. A business attorney in your area can help litigate any legal issues that may arise.
Tax Assessors and Property Taxes
Some municipalities are responsible for collecting local and property taxes. Some taxes help fund the local government. Depending on your location, this may involve a tax assessor, tax collector, or collector of revenue.
Criminal Charges and Law Enforcement
When charged with a crime, the case is handled at a local level. Local law enforcement handles the investigation and arrest. The local judge issues search and arrest warrants for state-level criminal offenses.
Civil Court Cases
Most civil court cases filings are through the local court of a jurisdiction. Typically, civil claims address legal issues such as:
- Personal injury
- Contract disputes
- Business litigation
Specific types of courts handle certain types of cases. For example, probate court handles trust and estate issues. Family courts handle divorce and child custody cases. Many smaller locations have courts of general jurisdiction, meaning they hear various cases.
If you have questions about state and local legal issues, talk to an experienced state, local, and municipal attorney.