Wednesday, May 13, 2009

State vs. local governments

QUESTION: I realize this is kind of a broad question at this point, but to what extent (if any) does constitutionality differ between local (e.g., county or city) regulation and state regulation? In considering all the topics weve talked about this semester, are there any constitutional variances on how local issues are dealt with compared to state issues?

ANSWER: No. For purposes of what we studied this semester (and for virtually all of federal constitutional law), there is no difference between state, city, or municipal governments. They are all considered political subdivisions of the states. (The Camden case is probably the best on this point, of what we studied.) There is a small difference under the Eleventh Amendment, but that is outside the scope of our course.