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The three layers of law

On this page (6 sections)
  1. Layer 1: Federal
  2. Layer 2: State
  3. Layer 3: City
  4. Preemption: when a city rule loses
  5. Which rule wins? Check yourself
  6. Sources cited on this page

Every rule in Williams sits under two other layers of law. When you read a city rule, you are also asking: does it fit the layers above it?

Diagram: three layers, highest first. A lower layer must fit inside the ones above it.

1. Federal

U.S. Constitution and Bill of Rights; federal laws

2. State

California Constitution; state statutes (codes)

3. City

Williams Municipal Code (council ordinances)

When they clash, the higher layer usually wins.

Layer 1: Federal

  • The U.S. Constitution says that it, and federal laws made under it, are "the supreme Law of the Land," and that state judges are bound by them, "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" (Article VI) Verified1. This is the Supremacy Clause. Read Article VI.
  • The Fourteenth Amendment says "No State shall make or enforce any law" that abridges the privileges or immunities of citizens, and no state shall deprive any person of life, liberty, or property "without due process of law," or deny anyone "the equal protection of the laws" Verified2. Read the Fourteenth Amendment.
  • Courts have held that most of the Bill of Rights (such as free speech and protection from unreasonable searches) also limits state and local governments through the Fourteenth Amendment, and that a city is bound the same way the state is Unverified3.

Layer 2: State

  • The California Constitution has its own list of rights in Article I, for example free speech (§2), the right to assemble and petition and to see public meetings and records (§3), due process and equal protection (§7), and protection from unreasonable searches (§13) Verified4. Read Article I.
  • Article XI, §7 sets the basic rule for cities: "A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws" Verified4. Read Article XI, §7.
  • State statutes are organized into codes, such as the Government Code and the Elections Code. The official place to read them is leginfo.legislature.ca.gov Verified5.

Layer 3: City

  • Williams is a general law city Verified6. In plain terms, its power to make rules comes from state law, and its ordinances may not conflict with the state's general laws Unverified3.
  • The Williams Municipal Code (WMC) is the city's collection of ordinances passed by the City Council Unverified3. The official version is on Municode Verified7; a third-party copy on GoCodebook is easier to search but is not official Verified8.
  • The layers point to each other. For example, the code's City Council chapter (ch. 2.04) refers readers to state law: "For statutory provisions on city council meetings, see Gov. Code §§ 36801—36815 and §§ 54950—54961" (third-party copy) Verified8.

Preemption: when a city rule loses

Preemption means a higher law pushes aside a lower one. California courts have described three ways a local rule can conflict with state law Unverified3:

  1. It duplicates state law (it repeats what the state already covers).
  2. It contradicts state law (it requires what state law bans, or bans what state law requires).
  3. It enters a field the state fully occupies (the state has covered the subject so completely that there is no room for local rules). This is called field preemption.

Whether a specific Williams rule is preempted is a question for a court, not for this site. The Method helps you gather the facts and questions you would need.

Which rule wins? Check yourself

Pick an answer for each question to see if you are right. These are general patterns, not answers about any real Williams rule.

Question 1. 1. A state law conflicts with the U.S. Constitution. Which wins?

Show the answer and why

The U.S. Constitution. Article VI makes it "the supreme Law of the Land," binding state judges even if a state's own constitution or laws say otherwise Verified1.

Question 2. 2. A Williams ordinance clearly conflicts with a general state law. Which wins?

Show the answer and why

Usually the state law. Article XI, §7 lets a city make ordinances only if they are "not in conflict with general laws" Verified4. Courts treat a conflicting local rule as void Unverified3. The hard part is usually deciding whether there is a conflict.

Question 3. 3. State law says nothing about a subject. Can Williams make a rule about it?

Show the answer and why

Often yes, but check. Article XI, §7 gives cities general power to make local rules Verified4. You would still check whether the state has occupied the field, and whether the rule respects constitutional rights such as free speech and due process Unverified3.

Question 4. 4. A city rule is stricter than a state law on the same subject. Is it allowed?

Show the answer and why

It depends. A court would ask whether the city rule duplicates or contradicts state law, or enters a field the state fully occupies, and whether the state law itself says what cities may do Unverified3. Read the state statute closely (Method step 3).

Question 5. Match who decides: Match each question to who decides it.

Show the answer and why
  • Passing the ordinances in the Williams Municipal Code: City Council
  • Making the general laws a city rule may not conflict with: State of California
  • Whether a specific Williams rule is preempted: A court

The WMC is ordinances passed by the City Council. Article XI, §7 says city rules may not conflict with the state's general laws. Whether a specific rule is preempted is a question for a court.

From this lesson: “The Williams Municipal Code (WMC) is the city's collection of ordinances passed by the City Council.”

Go deeper: Constitutions explains both constitutions right by right and sets them next to real Williams code sections.

Next: The Method, seven steps to check a city rule.

Sources cited on this page

  1. The Constitution of the United States: A Transcription (U.S. National Archives; official; accessed 2026-10-17) ↗
  2. The Constitution: Amendments 11-27 (U.S. National Archives; official; accessed 2026-10-17) ↗
  3. Citizen research notes behind this site (Oct 16, 2026) (Site volunteers (not public yet); unofficial / third-party; accessed 2026-10-16) Volunteer research notes (October 16-17, 2026), not published. Anything cited only to these notes is labeled Unverified. The link points to the City site because the notes have no public URL. ↗
  4. Constitutions of California and the United States, 2025-26 edition (PDF) (California State Senate; official; accessed 2026-10-17) California Constitution as last amended November 5, 2024. ↗
  5. California Law: codes and statutes (official) (California Legislative Information; official; accessed 2026-10-29) The official place to read California statutes; opened directly on Oct 29, 2026 (lists every California code, including the Government Code and Elections Code). ↗
  6. Community page (“made a General Law City on May 20, 1920”) (City of Williams; official; accessed 2026-10-16) Says: “It was made a General Law City on May 20, 1920.” ↗
  7. Williams Municipal Code (official, Municode) (Municode for the City of Williams; official; accessed 2026-10-16) Codified through Ord. 275-25 (Dec 10, 2025), per a search snippet. Municode blocked automated access; not bypassed. ↗
  8. Williams Municipal Code mirror (GoCodebook, 2026-10 edition) (GoCodebook (third-party); unofficial / third-party; accessed 2026-10-16) Third-party mirror, not the official codification. Quotes should be checked against Municode or the City Clerk. ↗

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