# What is name of this legal principle? **URL:** \ **Category:** Factual Questions\ **Created:** [May 28, 2026, 1:46pm UTC](https://boards.straightdope.com/t/what-is-name-of-this-legal-principle/1030453 "2026-05-28T13:46:28Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Cardigan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cardigan/32/187_2.png) [@Cardigan](https://boards.straightdope.com/u/Cardigan)\ **Post date:** [May 28, 2026, 1:46pm UTC](https://boards.straightdope.com/t/what-is-name-of-this-legal-principle/1030453/1 "2026-05-28T13:46:28Z")
I’m blanking on the name of a certain legal principle. I’ll describe a scenario: A city has a noise ordinance. This city is also next door to a noisy Air Force base. The city can’t cite the federal government for violation of a local ordinance when their jets fly over the city. What is the name of this principle? Thanks in advance. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [May 28, 2026, 1:47pm UTC](https://boards.straightdope.com/t/what-is-name-of-this-legal-principle/1030453/2 "2026-05-28T13:47:34Z")
Supremacy Clause? > **[Supremacy Clause](https://en.wikipedia.org/wiki/Supremacy_Clause)** > > The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the U.S. constitution, federal laws, and treaties override any state laws that conflict with them. It promulgates that all state laws, state courts, and state constitutions are subordinate to the U.S. Constitution and federal laws and treaties made by the U.S. government. > However, federal statutes must be pursuant to the U.S. Constitution for the Supremacy Clause to apply; that does not viol... ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [May 28, 2026, 1:53pm UTC](https://boards.straightdope.com/t/what-is-name-of-this-legal-principle/1030453/3 "2026-05-28T13:53:55Z")
Sovereign Immunity? > **[Sovereign immunity](https://en.wikipedia.org/wiki/Sovereign_immunity)** > > Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts. > Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without their approval to the ju... ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [May 28, 2026, 1:54pm UTC](https://boards.straightdope.com/t/what-is-name-of-this-legal-principle/1030453/4 "2026-05-28T13:54:12Z")
There is also the concept of “Combatants Privilege” though that only applies in active combat not peacetime… > **[Combatants and POWs | How does law protect in war? - Online casebook](https://casebook.icrc.org/highlight/combatants-and-pows)** ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [May 28, 2026, 3:29pm UTC](https://boards.straightdope.com/t/what-is-name-of-this-legal-principle/1030453/5 "2026-05-28T15:29:16Z")
The state can’t tell the feds what to do. To what extent does that apply to third parties? Could a state, for example, prosecute a private company for operating a federal prison (or state law for abetting kidnapping) if it operates a federal prison when the state law prohibits private prisons? To what extent does a federal contractor get immunity? Can a federal lack of pollution mandate for example, prevent the state from charging a private company that dumps PCBs in the waterway because the federal law would allow it? (Hypothetical) ---
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [May 28, 2026, 6:53pm UTC](https://boards.straightdope.com/t/what-is-name-of-this-legal-principle/1030453/6 "2026-05-28T18:53:03Z")
> [@DavidNRockies](#): > > Supremacy Clause? I’d agree this is most on point. Inside the supremacy clause are “sub-clauses” and the one most applicable here is the **intergovernmental immunity doctrine**. Generally, States cannot interfere with the operations of the federal government. In this situation, the Gov’t would have to change its operation (lower the noise somehow) in order to comply with the city ordinance. Intergovernmental immunity means the Air Force doesn’t have to change anything in order to comply, even though local business and residents do have to comply (not immune). I think\*\*. There will certainly be other different overlapping and closely related principles. \*\*_Caselaw constantly updates things so I’m giving a very generic basic description of this principle. It could be tighter in some circumstances. There can be an exception. There can be an exception to the exception, etc. etc._