Con Law: Federalism

Question 1

Preemption.

Answer 1

Art VI of Constitution contains Supremacy Clause– saying that the Constitution and laws and treaties made pursuant to are the supreme law of the land.
Valid fed law overuse or preempts inconsistent state law.

Question 2

Preemption can be found in three separate ways:

Answer 2

1. Express Preemption
2. Implied Preemption: impossible for someone to comply with both fed and state law or it was the clear and manifest purpose of congress
   * if fed laws are comprehensive or fed agency has been created to oversee the area preemption will often be found.
3. states may not charge state tax to be paid out of fed treasury for federal government activity.

Question 3

Dormant Commerce Clause (Sometimes called Negative Implications of Commerce Clause)

Answer 3

Is the principal that star or local laws are unconstitutional if undue burden on interstate commerce.

Question 4

Privileges and Immunities Clause of Art IV

Answer 4

No State or municipality may deny citizens of other states the privileges and immunities it affords its own citizens without substantial justification.

Question 5

Privileges and Immunities Clause of 14A

Answer 5

Used to preserve a person’s right to travel from one state to another.
Does the state law discriminate against out of staters? this is the key inquiry in determining the likely result.

Question 6

Analysis if the law does NOT discriminate against out of staters:

Answer 6

Then privileges and immunities clause of Art. IV does not apply.
If the law incidentally burden interstate commerce, it violates the dormant commercial clause if its burden on interstate commerce outweighs the benefits of the law.

Question 7

Analysis if the law discriminates against out of staters

Answer 7

If law violates interstate commerce, it violates the dormant commerce clause unless it necessary to achieve important government purpose.
Exceptions where violations will be upheld:
1. If Congress approves it,
2. Market Participant Exception– state may prefer its own citizens in receiving benefits from govt programs
IF law discriminates against out of staters with regard to ability to earn a living it violates privileges and immunities of Art IV unless it is necessary to achieve important govt purpose.
*corporation or aliens cannot use or invoke privileges and immunities clause.

Question 8

State Taxation of Interstate Commerce

Answer 8

States may NOT use their tax systems to help in state business
State may ONLY tax activities if there is a substantial nexus between the product or activity to be taxes and the state.
State taxation of interstate businesses or companies must be fairly apportioned.

Question 9

Full Faith and Credit

Answer 9

Courts in one state must give full faith and credit (must enforce) all judgments of courts in another state, so long as:

1. The court that rendered or issued the judgment must have PJ and SMJ
2. Judgment must be on merits
3. Judgement must be final.