Chapter 4 - The Supremacy Clause, Commerce Clause, and Full Faith & Credit Clause Flashcards

1
Q

Federalism

A

Multiple governments to deal with that can make and enforce law.

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2
Q

Supremacy Clause - Geier vs. Honda Case

A
  1. Federal gov’t didn’t require cars to have air bags although they were available.
  2. Honda didn’t have air bags and got sued because of an accident.
  3. Honda complied with fed. law.
  4. Geier wins at state level.
  5. Went to supreme court, and S.C. says HONDA WINS because federal law of no requirement overthrows other state law.
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3
Q

Supremacy Clause

A

Federal law trumps state law. It is supreme.

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4
Q

Commerce Clause

A

Interstate business is regulated by the federal government only.

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5
Q

Commerce Clause - Hunt vs. Washington State Apple Advertising Commission

A
  1. Washington was selling apples in N. Carolina.
  2. N. Carolina required a grade to be put on the crates and said that “Washington” couldn’t be on crates.
  3. Said this was a violation of the commerce clause because federal government are the only ones who can regulate interstate commerce.
  4. WASHINGTON WINS.
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6
Q

Dormant Commerce Clause

A

A state cannot regulate interstate commerce even if there is no law at a federal level about the issue.

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7
Q

Dormant Commerce Clause - American Trucking vs. Michigan Public Service Commission

A
  1. Michigan was charging a flat $100 rate on transport of materials from one part of Michigan to the other.
  2. American trucking sues Michigan because A.T. doesn’t only do business in Michigan.
  3. Supreme Court says it does not violate the commerce clause because it is okay for a state to regulate intrastate commerce.
  4. MICHIGAN WON.
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8
Q

Full Faith and Credit Clause

A

State must respect other states laws and judgements.

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