What is the difference between federal law and state law and local law?
Asked by: Mr. Adolf Bogan | Last update: February 4, 2026Score: 5/5 (59 votes)
Federal law applies nationwide, state law governs within a specific state, and local law (ordinances) applies to a city or county, with federal law taking precedence in conflicts, creating a hierarchy where federal laws cover national issues (like immigration, interstate commerce), state laws handle broader domestic matters (like family law, general crime), and local laws manage community-specific rules (like zoning, parking).
What is the difference between federal and state and local law?
Overview. There are different types of laws. Federal laws apply to everyone in the United States. State and local laws apply to people who live or work in a particular state, commonwealth, territory, county, city, municipality, town, township or village.
What are the 4 categories of law?
The four main types of law, especially in the U.S. system, are Constitutional Law, Statutory Law, Administrative Law, and Case Law (Common Law), which derive from different governmental sources, from supreme foundational principles (Constitution) to laws passed by legislatures (Statutes), rules from agencies (Regulations), and judge-made precedents (Case Law).
Can something be federally legal but illegal in a state?
The answer is fairly simple: you are dealing with two different jurisdictions. As an example you can look to recent arrests and drug busts of vendors in Calirfornia by federal authorities despite the fact that the State of California has legalized possession under certain quantities.
Do state and local laws override federal laws?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
Federal vs State Laws HD
Can a state ignore a federal law?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
Does state law trump county law?
As a general rule, whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed. The problem that you have is determining whether or not there is actually a legal conflict.
What are examples of state laws that conflict with federal laws?
What is an example of a State Law Conflicting with Federal Law?
- Marijuana Usage. Some states allow people to use marijuana for fun or for medical reasons, but it is still illegal under federal law. ...
- Same-Sex Marriage. Marriage licenses are issued by local governments, so marriage is usually a state issue.
What does prop 64 actually do?
Proposition 64 decriminalizes cannabis under state law, for use by adults 21 or older. Cannabis cannot be used in public, and adults 21 and over are limited to possession of 28.5 grams of cannabis or 8 grams of concentrate. Adults 21 and over can grow up to six plants in a private residence.
Can a state ban a federal law?
Aaron (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through ...
What are the 4 C's of law?
Any one of the four Cs of medical malpractice (compassion, communication, competence, and charting), which are outlined below, violates a doctor's fiduciary duty of care. The law imposes this special responsibility if two parties in a contract, which in this case is a treatment agreement, have unequal bargaining power.
What is the best legal system in the world?
The top 35 countries (out of 142 listed countries) for the rule of law according to WJP in 2024 are:
- Denmark.
- Norway.
- Finland.
- Sweden.
- Germany.
- New Zealand.
- Luxembourg.
- Netherlands.
What is the easiest type of law to practice?
The "easiest" law to practice often points to Estate Planning, due to less courtroom drama, predictable work (wills, trusts), steady client demand (aging population), and good work-life balance with fewer late nights, though some find the topic of death difficult; Real Estate Law is also cited for its paperwork focus, contract work, and milestone closings; while transactional law fields like Corporate or IP law offer less litigation stress than, say, criminal law.
Does federal law trump state law?
This would make the states superior to the federal government. The Court found that this would be inconsistent with the Supremacy Clause, which makes federal law superior to state law.
How do I know if a law is federal or state?
Any immigration laws, federal tax adjustments, national security or foreign relations issues are addressed by the federal government in Washington DC. Most education, criminal justice, foster care, and highway legislation is addressed at the state level.
Can a local ordinance supersede state law?
A local ordinance will be preempted by state law when it is in express conflict with state or federal law. there is no direct conflict if the state or federal government has fully occupied the area of law in general.
Does prop 64 restore gun rights?
California Prop 64 (Adult Use of Marijuana Act) Summary:
Also, almost all individuals with a felony marijuana conviction will be able to reduce that felony down to a misdemeanor, which will restore all civil liberties, including the right to own a firearm under the 2nd amendment.
Who is a legal patient under Proposition 64?
Prop 64 Rules on Personal Use and Cultivation
Adults 21 years or older may: Possess, transport, obtain or give up to one ounce of marijuana or 8 grams of concentrated marijuana to other adults age 21 and older. Cultivate up to six plants per residence and possess the marijuana produced by these plants.
Who wins the state law vs federal law?
The US Constitution includes what is called the “Supremacy Clause,” which says that the US Constitution, federal laws and US treaties negotiated with our countries are superior to state laws. Therefore, when a state and federal law explicitly conflict, the state law cannot be enforced.
Can a state not follow federal law?
Even before Marbury, the Virginia General Assembly had passed Madison's Report of 1800. It acknowledged that states can declare federal laws unconstitutional; but the declaration would have no legal effect unless the courts agreed.
What is true when state and federal laws differ?
If a state law is in conflict with federal law, federal law is upheld. The purpose of state law is to grant citizens within a state additional rights that are not explicitly granted by federal law, rather than to restrict rights granted by federal law.
Who can overturn a federal law?
The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.
What are three powers that states do not have?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title ...
What does article 7 of the US Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).