Con Law _ Relations b/w Fed & State Govt

Question 1

Supremacy Clause

SUPREMACY CLAUSE

Answer 1

• A conflict exists between Federal and State Law
• In a conflict, Federal ALWAYS wins

Question 2

State Law CAN be {MORE / LESS} RESTRICTIVE than Federal Law

TENTH AMENDMENT

Answer 2

State Law can be MORE RESTRICTIVE
than Federal Law

Question 3

Tenth Amendment

TENTH AMENDMENT

Answer 3

• States have POLICE POWER
• States can pass laws for health, safety, and
  welfare
• There is NO Federal Police Power

Question 4

Federal Government {CAN / CANNOT} REQUIRE a state to do anything

COMMANDEER RULE

Answer 4

Federal Government CANNOT REQUIRE a state to do anything

Question 5

DORMANT COMMERCE CLAUSE Rule

􏰐ORMANT COMMERCE CLAUSE

Answer 5

State Law regulating business CANNOT DISCRIMINATE against OUT-OF-STATE businesses

Examples: Commerce Clause:
o Congress regulating cotton in children’s pajamas
Dormant Commerce Clause:
o State of Florida passing a law regulating how
many fish can be caught and sold in the commercial fishing business

Question 6

Discriminatory on Face - Which Standard?

􏰐ORMANT COMMERCE CLAUSE

Answer 6

Strict Scrutiny applies

Question 7

Discriminatory Effect - Which Standard?

􏰐ORMANT COMMERCE CLAUSE

Answer 7

• Intermediate Scrutiny applies
• Burden on Commerce should not be excessive

Question 8

Market Participant Exception

􏰐ORMANT COMMERCE CLAUSE

Answer 8

• State CONTROLS entire industry
• State MAY discriminate

Question 9

Full Faith & Credit Clause

Full Faith & Credit

Answer 9

• Judgment in one state must be given full faith & credit in another state

Question 10

Federal Immunity

IMMUNITY

Answer 10

• States CANNOT SUE Federal Govt
• States CANNOT TAX Federal Govt
• State CAN TAX individuals
• Individual CANNOT SUE, unless consent

Question 11

State Immunity

IMMUNITY

Answer 11

• Federal Govt & States CAN SUE a state
• Federal Govt MAY NOT TAX a govt activity
• Federal Govt MAY TAX a proprietary business