Authority of State Governments v. Authority of the Federal Government

Question 1

_____ is the term used to describe the rules governing the division of power between the Federal Government and The States

Answer 1

Federalism

Question 2

As stated in Section 2 of this outline, the Constitution gives Congress certain specific powers, as well as the authority to enact any legislation which is “necessary and proper” to effectuate those powers. Any authority left outside these powers is given to the states under the

Answer 2

10th Amendment

Question 3

The Supremacy Clause of Art VI provides that t

Answer 3

Constitution and laws and treaties are the supreme law of the land.

Question 4

All federal laws and treaties will

Answer 4

prevail over any conflicting state laws

Question 5

Preemption is a

Answer 5

legal doctrine that allows a higher authority to displace or override the law of a lower authority when there is a conflict between the two.

Question 6

Express Preemption occurs when

Answer 6

a federal statute explicitly conflicts with a state law, or the federal laws wholly occupy the field

Question 7

Implied Preemption happens when

Answer 7

preemption is not explicitly stated but is inferred based on the structure and purpose of the federal law.

Question 8

In the following situations federal law will preempt state law:

Answer 8

If a federal statute and a state law are mutually exclusive

If a state law impedes the achievement of a Congressional objective.

If Congress clearly evidences its intent to preempt state law

Question 9

State environmental laws which are more stringent than Federal laws will

Answer 9

not be preempted

Question 10

States may not _____tax the Federal Government

Answer 10

Not

Question 11

Direct taxation of the federal government by states would occur if the tax would have to be paid out of the

Answer 11

federal treasury

Question 12

Direct taxation occurs when a tax is imposed ____ on the federal government, requiring payment from the _________.

Answer 12

Directly
Federal treasury

Question 13

Examples of Prohibited Direct Taxes

Answer 13

Property Taxes: States cannot impose property taxes on federal buildings or lands.

Income Taxes: States cannot levy income taxes directly on the salaries of federal employees if such taxes are intended to be collected directly from federal funds.

Sales Taxes: Federal entities are typically exempt from state sales taxes on purchases made for official use.

Question 14

Indirect Taxation occurs if the tax will be paid from

Answer 14

anything but the Federal Treasury.

Question 15

While states cannot directly tax the federal government, they can tax

Answer 15

private entities that do business with the federal government, as long as the tax does not directly burden federal operations.

Question 16

States may impose non-discriminatory taxes on federal properties used for

Answer 16

private purposes ( For example, if part of a federal building is leased to a private business, that business may be subject to state taxation.)

Question 17

The Dormant Commerce Clause, also known as the “negative” Commerce Clause, is a legal doctrine in the United States that

Answer 17

limits the ability of states to regulate interstate commerce

Question 18

The Commerce Clause of the U.S. Constitution explicitly

Answer 18

grants Congress the power to regulate commerce among the states

Question 19

Facially Discriminatory Laws

Answer 19

A state law which on its face discriminates against interstate commerce

Question 20

Facially discriminatory laws are

Answer 20

subject to strict scrutiny under the Dormant Commerce Clause, as they overtly interfere with interstate commerce and create barriers to trade between states.

Question 21

A state law which on its face discriminates against interstate commerce is ______ unless the state can show it is _____ to _____ a ______ state goal

Answer 21

unconstitutional
narrowly tailored
achieve
non-economic

Question 22

Even if a state law does not explicitly discriminate against interstate commerce, it may still be invalidated if it has a

Answer 22

discriminatory effect or imposes an undue burden on interstate commerce.

Question 23

Even if a state law does not discriminate against interstate commerce “on its face,” it may nevertheless be unconstitutional if it incidentally burdens interstate commerce, if the challenger can show that the

Answer 23

burdens imposed on commerce outweigh the legitimate interests of the state.

Question 24

Exceptions to the Dormant Commerce Clause include:

Answer 24

Market Participant Doctrine

Question 25

Market Participant Doctrine

Answer 25

when a state engages in buying or selling goods or services in the market, it can favor its own interests without violating the Dormant Commerce Clause

Question 26

States have a strong interest in protecting the health, safety, and welfare of their citizens, and regulations aimed at achieving these goals _____ be upheld even if they have incidental effects on interstate commerce. However, the regulations must be ________ and _________state’s _______interests.

Answer 26

May
non-discriminatory
reasonably related to the
legitimate

Question 27

The Privileges and Immunities Clauses in both the U.S. Constitution and state constitutions aim to

Answer 27

ensure that citizens enjoy equal treatment and fundamental rights regardless of their state of residence.

Question 28

State laws which “on their face” deny citizens of other states the same privileges and immunities it provides its own citizens are unconstitutional unless the state can show it has a

Answer 28

substantial interest in favoring its own citizens and the law at issue is the least restrictive means of achieving that interest.

Question 29

Protected Privileges and Immunities

Answer 29

Protections afforded to citizens regarding their fundamental rights and ability to earn a livelihood.

Question 30

The Article IV Privileges and Immunities Clause (U.S. Constitution)

Answer 30

Prevents states from discriminating against out-of-state citizens by granting them fewer rights or privileges than their own citizens.

Question 31

The Article IV Privileges and Immunities Clause (U.S. Constitution) primarily applies to fundamental rights and privileges essential to citizenship, such as

Answer 31

the right to travel, the right to engage in gainful employment, access to the courts, and the protection of personal liberties.

Question 32

Constitutional Laws under the privileges and immunities clause of Article IV

Answer 32

a. State laws which charge out of state residents more money than in-state residents to use state owned beaches, parks, etc.

b. State laws which charge out of state residents more money than in-state residents for fishing licenses and hunting licenses.

c. State laws which require that Government employees live within the state while employed.

Question 33

Unconstitutional Laws under the privileges and immunities clause of Article IV

Answer 33

a. State laws requiring in-state residency in order to practice law within that state.

b. Giving hiring preference or requiring that private employers give hiring preference to in-state
workers.

c. State laws which charge out of state residents an outrageously disproportionate amount of money for activities than in-state residents.

Question 34

Privileges or Immunities Clause of the 14th Amendment

Answer 34

No state shall restrict the right of a citizen (not a corporation or alien) to travel interstate.

Question 35

Privileges or Immunities Clause of the 14th Amendment has been interpreted as

Answer 35

prohibiting the states from attempting to prevent any United States citizen who wishes to become a citizen of a state from becoming a citizen of that state

Question 36

A state may tax an interstate business if there is a

Answer 36

substantial nexus between the business’ activities and the state, and the tax is fairly apportioned (i.e. only the business’ in-state activities are taxed).

Question 37

Article IV of the Constitution requires that State Courts afford give full faith and credit to judgments of courts rendered in other states, if the judgment is

Answer 37

(1) final,
(2) on the merits, and
(3) the rendering court had personal and subject matter jurisdiction.