Making laws, whether Federal or State, is a function of the Legislative branch of government as established by the Constitution.
When doing legal research to support motions or to draft pleadings, codes are considered primary or binding authority.
For information on when to use State or Federal law, see the "State v. Federal Law" tab of this guide.
The Federal Legislative branch of government is comprised of elected members of the Senate and House of Representatives, together know as Congress. Members of Congress introduce, debate, and vote on bills. After a bill is passed by Congress, it goes to the Executive Branch, the office of the President.
Using the Executive Power granted by the Constitution, the President either signs a bill into law or vetoes it. A bill signed into law by the President becomes a statute.
Codes are statutes which have been organized and codified by subject area. Federal laws are grouped together by Title. Codified federal statutes are known as the United States Code (U.S.C.).
Under the Tenth Amendment of the U.S. Constitution, all powers not granted to the Federal Government are reserved for the States and the people. All State Governments are modeled after the Federal Government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all states uphold a “republican form” of government, although the three-branch structure is not required. Each State Legislature enacts laws which only apply within that state.
The California State Legislative branch of government is comprised of elected members of the Senate and the Assembly. Members of the Legislature introduce, debate, and vote on bills. After a bill is passed by the state Legislature, it goes to the state Executive Branch, the office of the Governor.
Using the Executive Power granted by the State Constitution, the governor either signs a bill into law or vetoes it. A bill signed into law by the Governor becomes a statute.
California statues are organized and codified by subject area alphabetically. Codified state statues are known as the California Code.
The California State Capitol Museum has prepared a short guide on the life cycle of a bill, which can be found here.
Legislative bodies in local municipalities (counties and cities) are granted legislative powers by the California Constitution. See California Constitution Article XI, § 7. City councils exercise their legislative authority through the passing of ordinances and/or resolutions.
An ordinance is a local law that regulates operations in the city where it was adopted. Ordinances may not conflict with the Constitution and laws of the State or the United States.
Resolutions are a declaration regarding future purposes or proceedings of that legislative body. Resolutions do not require the same formality required to pass and enact a state statute or ordinance.
Government of counties is covered by California Government Code §§23000-33205.
Government of cities is covered by California Government Code §§34000-45345.
The codes and ordinances for the County of San Diego can be found as follows:
Most Municipal or Administrative codes can be found online. Click here for links to City websites within San Diego County.
