Back To Basics: The Difference Between Federal, State & Local Laws
(NRPI.org) – As a United States citizen or immigrant, everyone will encounter laws at the local, state, and federal levels every day. Powers that are not granted to the Federal government by the United States Constitution are reserved for States and the people. These powers are typically divided between the State and local governments. As a result, federal laws apply to everyone in the United States. In contrast, state and local laws apply to those who live or work in that state or jurisdiction. In theory, the laws at each level should coexist and complement each other without issue, but there are times when they may be in conflict. Therefore, it is essential that you understand the hierarchy of laws and how they affect you.
Federal Laws
The United States Constitution is considered the supreme law of the land. The legislative branch passes federal acts that get published in the Federal Code of Statutes. Then, federal agencies pass regulations that allow them to execute the statutes. Additionally, the President may issue executive orders, which also have the effect of law. These federal laws are typically related to issues such as:
- Federal criminal law (such as tax fraud)
- Civil rights and anti-discrimination laws to protect individuals against racial, age, gender, and disability discrimination
- Bankruptcy laws
- Immigration or citizenship law
- Social Security and Supplemental Security Income (SSI) laws
- Patent and copyright laws
State Laws
Each of the 50 states and sixteen U.S. territories has its own government and system of laws. States are mandated by the U.S. Constitution to uphold a republican form of government but do not necessarily have to conform to the same three-branch structure of government, though all 50 states do. States have their own Constitution, which allow them to regulate issues that are not covered at the federal level. At the state level, one can expect laws that handle:
- Public assistance, social welfare, and aid programs like Medicaid
- Real estate, property law and ownership, and deed registration
- Business contracts
- Criminal matters and court systems
- Divorce and family law
- Wills, estates, inheritances, etc.
- Personal injuries (i.e., car accidents, medical malpractice) and workers’ compensation
- Police and emergency services
- Industry regulation
- State highway and roads maintenance
Local Laws
At the local level, states are divided into counties, boroughs or parishes, and then further divided into cities, villages, municipalities, or townships. These local governments are given authority by the state to handle certain matters and create specific laws that supplement federal and state law. The laws at this level, often called ordinances, may address:
- Rent and landlord-tenant laws
- Local zoning and land use laws
- Local safety
- Property and local tax collection
Learn More About Your Laws
It is possible that laws at different levels will be in conflict, but the supremacy clause in the Constitution means that federal law supersedes state or local law. The states can regulate any area of law not explicitly reserved by federal law but cannot assume functions that are entrusted to the federal government exclusively. As state law can designate areas of law to be regulated by local agencies, it is superior to local law. Staying abreast of changing laws and regulations will ensure you are informed of your rights and protections. Researching laws or the history of specific laws and ordinances can also help one understand the intent of the law. Anyone seeking more information about laws, statutes, and ordinances can research online or contact their local government agencies, their state legislature, or their state senators or representatives.
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