Can a political subdivision of a state challenge the validity of a statute in the Fourteenth Amendment?

California, United States of America


The following excerpt is from Board of Supervisors v. McMahon, 219 Cal.App.3d 286, 268 Cal.Rptr. 219 (Cal. App. 1990):

"It is well established that '[p]olitical subdivisions of a state may not challenge the validity of a state statute under the Fourteenth Amendment.' [Citations.]" (City of South Lake Tahoe v. California Tahoe (9th Cir.1980) 625 F.2d 231, 233.) "[S]ubordinate political entities, as 'creatures' of the state, may not challenge state action as violating the entities' rights under the due process or equal protection clauses of the Fourteenth Amendment or under the contract clause of the federal Constitution. 'A municipal corporation, created by a state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator. [Citations.]' [Citations.]" (Star-Kist Foods, Inc. v. County of Los Angeles (1986) 42 Cal.3d 1, 6, 227 Cal.Rptr. 391, 719 P.2d 987.)

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