ConLaw - Federalism Flashcards
What is the Dormant Commerce Clause
The Dormant Commerce Clause - restricts the power of the state to prefer local economic actors over interstate companies.
Exception to the Dormant Commerce Clause
The dormant commerce clause does not apply when the state acted as a market participant.
What is the Commerce Clause
Article 1 Sec 8, Clause 3 - The Commerce Clause of the Constitution gives congress the power to regulate commerce among the states and, by negative implication, restricts the regulatory power of the states with respect to interstate commerce.
No Protectionist law (a state law that discriminates against interstate commerce) unless it serves a legitimate local interest that cannot be served by nondiscriminatory legislation.
What is the Spending Power of Congress
The spending Power - Congress may regulate through spending as long as there is a nexus between the general welfare, the imposed condition, and the purpose of the federal funds.
Can the US President tell a state they must do something?
Power of the President - to negotiate with foreign nations impliedly authorizes the President to make executive agreements with them which prevail over state law.
Can a state tax a federal building revenue it resides in?
No, States may not regulate the property or operations of the federal government. = no ability to tax.
What Clause takes priority when a conflict between state and federal law?
The Supremacy Clause of Article IV of the US Constitution provides that a valid federal law controls when a state or local law conflicts with it.
Commerce Clause - If congress has not regulated a subject:
A state’s regulation of local aspects of interstate commerce is valid when the regulation. 1) does not discriminate against out-of-state parties to benefit local economic interests, and 2) is not unduly burdensome.
Supremacy Clause
The state cannot regulate federal government without the federal government’s consent.
State’s Police Power
The state has a legitimate interest in regulating the sale of insurance. It need to be applied uniformly and reasonably.
Can congress require state to enforce fed laws?
Congress has no authority to require a state legislature to enact any specified legislation except when it is acting under its spending power.
The Supreme Court has held that the federal government cannot force a state government to take an action that it would otherwise not take. - including fed require state to enforce statutes.
When state and federal laws conflict
Supremacy Clause - applies when states and federal government pass legislation on the same subject matter.
State legislation should not conflict and be consistent with federal law and enforcement would not interfere with federal statute or law.
Commerce power - Article 1, Sec 8, Clause 3 of the constitution
Commerce power - Article 1, Sec 8, Clause 3 of the constitution
Congress may use its commerce power to permit states to discriminate against interstate commerce. *food/fruit” labeling requirements is constitutional.
