What happens if a federal regulation is in conflict with a city ordinance?

Question

Is the answer:
a) the city ordinance takes precedence over the federal regulation

b) the federal regulation and the city ordinance cancel each other out

c) the federal regulation takes precedence over the city ordinance

d) none of the above

Answer 1

Federal trumps.

Answer 2

"pinelake" apparently took the class before the 10th Amendment was gutted in the 1920s and 1930s. While that answer is correct as far as textual interpretations of the Constitution are concerned, it is no longer the current law. I agree that's the way it should be interpreted, but it's not.

The answer is C, because of the Supremacy Clause (Article VI) of the Constitution. That says that the Constitution and all federal laws enacted pursuant to it shall be the supreme law of the land.

Federal regulations are enacted pursuant to a grant (delegation) of power from Congress, and thus have the same weight as a federal statute.

Preemption only occurs in two situations however, where there is an actual conflict, and where the federal laws are intended to "occupy the field". An example of the latter are federal drug laws and most environment protection regulations, where the federal standard is defining and state/local laws are entirely shut out.

In all other situation (other than field preemption), there needs to be an actual conflict. This means that it would be impossible to follow both laws. If both laws set different standards (say, minimums) then the higher standard controls. So, if a federal food regulation said the minimum cooking temperature for beef at 265 degrees and a state set the minimum cooking temperature at 285, the stricter standard (285) controls, since it is possible to comply with both. But if the federal law said that the maximum temperature was 265, then it would not be possible to comply with both, and the federal law would preempt.

The exception to the exception is in the area of interstate commerce, which where state laws are invalid, even if they don't conflict with federal laws (i.e. still possible to obey both) if the state laws impose an undue burden on interstate commerce or if they target out-of-state businesses. But that's a whole other analysis.

The bottom line is that where federal and state/local laws conflict, the federal controls (preempts) because of the Supremacy clause. The 10th Amendment no longer has any significant effect.

Answer 3

Don't they teach government anymore?

Under the 10 Amendment (States Rights) the city answers to the state. The state has jurisdiction over the federal government. therefore the city takes presidents over the federal.

However, most states have sold out their states rights guaranteed by the Constitution because they have been forced into it or loose any federal funds.

The federal government now does things in total violation of the Constitution yet states do nothing about it and the people don't know or don't care as long as they think they are living free. The people of the USA are loosing their freedoms so fast today it will be impossible to stop it very soon. The USA will be a communist country controlled by the UN.

If you don't believe me...go do some deep studying of the shadow government of the USA.

Answer 4

Federal regulations take precedence over city ordinance. They hold more weight, especially in a court of law.

Answer 5

at the same time as a state regulation conflicts with a federal regulation, there is what the regulation calls "pre-emption" Pre-emption is a criminal concept in which a regulation of better authority (consisting of federal regulation compared to a state regulation) overrides the state regulation, yet in uncomplicated phrases to the degree that both between the regulations conflict. as an instance, if there turned right into a federal regulation that made it unlawful for anybody less than the age of 18 no longer to positioned on seatbelts in a motor vehicle, and there turned right into a state regulation that provided that any one over the age of 16 can refuse to positioned on seatbelts, the federal regulation overrides this component to the state regulation. which skill, anybody in that state less than the age of 18 will be required through federal regulation to positioned on a seat belt. besides the undeniable fact that, if the state regulation also had a provision that it become unlawful to shipping a baby less than the age of 5 with no motor vehicle seat, and the federal regulation did not say something about motor vehicle seats, then that component to the state regulation would nevertheless be enforceable. In different phrases, only because one certain component to a state regulation would conflict with federal regulation does no longer mean that the finished regulation will be thrown out. only even if aspects of the regulation ensue to conflict. Why does this ensue? u.s. structure has what's termed the "Supremacy Clause" that's got here upon less than Article VI, Clause 2: This structure, and the regulations of u.s. which will be made in Pursuance thereof; and all Treaties made, or which will be made, less than the authority of u.s., might want to be the perfect regulation of the land; and the Judges in each State would ascertain thereby, any component in the structure or regulations of any State on the opposite even if.

Answer 6

The correct answer is c). The reason is the doctrine of pre-emption. The doctrine dictates that the local government cannot proscribe conduct that has already been proscribed by the federal government. Therefore, if there is an existing federal regulation governing conduct, any local ordinance cannot be enforced governing that same conduct; the local government is pre-empted from making any such ordinance.

Answer 7

c) the federal regulation takes precedence over the city ordinance

Answer 8

factual.... the city I live in passed and ordinance.. and issue a ticket.... the ticket was taken to county court and thrown out..the federal court then issued a notice to city that ordinance was against state law. this was in regards to wearing a helmet. which in Ohio isn't state law.

Answer 9

C. No local regulation can overpower a federal regulation.

Answer 10

the city ordnance can be more restrictive than the federal reg, but can not be less restrictive overriding the federal regulation