Youngstown v. Evans

Does A Law That Limits Municipal Lawmaking But Does Not Regulate The Conduct Of Citizens A General Law For Purposes Of Home Rule Amendment ? In Youngstown v. Evans (1929), the court determined that a law that limits municipal lawmaking, but does not generally regulate the conduct of citizens, is not a "general law" for purposes of the Home Rule Amendment. In making that determination, the Evans court relied upon a thought experiment that is quoted in West Jefferson. The thought experiment refers to "Section 3628," which was an Ohio statute setting limits upon penalties that could be imposed by municipal ordinance for misdemeanors: "The validity and scope of Section 3628 may properly be tested by supposing an extreme case. Let it be supposed that it provided for a complete prohibition upon municipal legislation. Manifestly such a law would not be effective to take away the power conferred upon municipalities by the plain provisions of the Constitution. Or let it be supposed that Section 3628 provided that municipalities should not impose any fine in excess of one dollar for violation of any police or sanitary ordinance and that it prohibited punishment by imprisonment altogether. No one would contend that such an indirect effort would be in any wise different in effect from a plain prohibition."