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.
2
Q
Supremacy Clause - Geier vs. Honda Case
A
- Federal gov’t didn’t require cars to have air bags although they were available.
- Honda didn’t have air bags and got sued because of an accident.
- Honda complied with fed. law.
- Geier wins at state level.
- Went to supreme court, and S.C. says HONDA WINS because federal law of no requirement overthrows other state law.
3
Q
Supremacy Clause
A
Federal law trumps state law. It is supreme.
4
Q
Commerce Clause
A
Interstate business is regulated by the federal government only.
5
Q
Commerce Clause - Hunt vs. Washington State Apple Advertising Commission
A
- Washington was selling apples in N. Carolina.
- N. Carolina required a grade to be put on the crates and said that “Washington” couldn’t be on crates.
- Said this was a violation of the commerce clause because federal government are the only ones who can regulate interstate commerce.
- WASHINGTON WINS.
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.
7
Q
Dormant Commerce Clause - American Trucking vs. Michigan Public Service Commission
A
- Michigan was charging a flat $100 rate on transport of materials from one part of Michigan to the other.
- American trucking sues Michigan because A.T. doesn’t only do business in Michigan.
- Supreme Court says it does not violate the commerce clause because it is okay for a state to regulate intrastate commerce.
- MICHIGAN WON.
8
Q
Full Faith and Credit Clause
A
State must respect other states laws and judgements.