4. Federalism Flashcards

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1
Q

Preemption

A

The Supremacy Clause of Article VI provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.

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2
Q

Express preemption

A

If a federal statute explicitly states that federal law is exclusive in a field, then state and local laws are deemed preempted.

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3
Q

Implied preemption

A
  1. If federal and state laws are mutually exclusive, federal law preempts state law
  2. If state law impedes the achievement of a federal objective, federal law preempts state law
  3. If Congress evidences a clear intent to preempt state law, federal law preempts state law
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4
Q

Inter-governmental immunity

A

States may not tax or regulate federal government activity

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5
Q

The dormant commerce clause

A

If the law burdens interstate commerce, it violates the dormant commerce clause unless it is necessary to achieve an important
government purpose

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6
Q

The privileges and immunities clause of Article IV

A

No state shall deny a citizen of another state of the privileges and immunities it accords it own citizens.

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7
Q

The privileges or immunities clause of the Fourteenth Amendment

A

No state shall deprive any citizen of the privileges and immunities of a United States citizen.

(It is always a wrong answer unless it involves the right to travel.)

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8
Q

Exceptions to the Dormant Commerce Clause

A
  1. Congressional approval
  2. The market participant exception - A state or local government may prefer its own citizens in receiving benefits from government programs or in dealing with government-owned businesses.
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9
Q

Requirements for a violation of the Privileges and Immunities Clause:

A
  1. The law must discriminate against out-of-staters.
  2. The discrimination must be with regard to fundamental rights or important economic activities.
  3. Corporations and aliens cannot use the privileges and immunities clause.
  4. The discrimination must be necessary to achieve an important government purpose.
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10
Q

Limits on State taxation of interstate commerce

A
  1. States may not use their tax systems to help in-state businesses
  2. A state may only tax activities if there is a substantial nexus to the state
  3. State taxation of interstate businesses must be fairly apportioned
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11
Q

Full faith and credit

A

Courts in one state must give full faith and credit to judgments of courts in another state, so long as:

  1. The court that rendered the judgment had jurisdiction over the parties and the subject matter.
  2. The judgment was on the merits.
  3. The judgment is final.
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