Alabama Constitution Section 89 - Municipalities not to pass laws in conflict with general laws of state
Alabama Constitution – Section 89: Municipalities not to pass laws in conflict with general laws of state
This section states:
"The legislature shall not have power to authorize any municipal corporation to pass any laws inconsistent with the general laws of this state."
Explanation:
Section 89 of the Alabama Constitution restricts the state legislature from granting municipalities (cities and towns) the power to enact laws that conflict with state-level laws.
Key Points:
Legislative Limitation: The Alabama Legislature cannot give permission to a local government to pass ordinances that contradict state laws.
Uniformity of Law: This ensures legal consistency across the state, preventing confusion or inequality that might arise from local laws that differ from general state laws.
Preemption Principle: It reflects the principle of state preemption, meaning state law takes precedence over conflicting local laws.
Example:
If Alabama state law sets a specific minimum wage, a city in Alabama cannot pass a law setting a different minimum wage if it contradicts the state law — the legislature cannot authorize it to do so.
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