Constitutional Law - Federalism Flashcards
FEDERALISM
FEDERALISM is the idea that power is divided between FEDERAL and STATE governments
Some powers are EXCLUSIVELY federal because of an express constitutional limitation on or prohibition of the states’ exercise of it
PREEMPTION
Artivle VI of the Constitution contains the SUPREMACY CLAUSE - which says “The Constitution and the laws and treaties made pursuant to it, are the SUPREME LAW OF THE LAND
under this clause, FEDERAL LAW overrides or preempts inconsistent state law
2 kinds - Express, Implied (Field preemption a form of implied)
What are the TWO types of PREEMPTION?
EXPRESS PREEMPTION - When Congress has authority to act,it can state that its power is EXCLUSIVE in a field; if a federal statute says that federal law is exclusive in the field, then state and local laws are PREEMPTED
IMPLIED PREEMPTION - Even if a federal statute is silent about preemption, implied preemption can be found if
(a) it is NOT POSSIBLE for someone to SIMULTANEOUSLY COMPLY with both federal and state laws, then the state law is deemed preempted
- -Note: states can go beyond and still be consistent with - e.g. fed emissions says must be 70% clean, and CA says must be 90%
(b) If a state law IMPEDES the achievement of a federal objective, then state or local law is deemed preempted (aka “Field Preemption”)
(c) If congress evidences a CLEAR INTENT to preempt state law, then state laws are deemed preempted
INTERGOVERNMENTAL IMMUNITY
States MAY NOT Charge state tax to be paid out of the FEDERAL TREASURY for federal government activity
-e.g. Fed govt owns store, state cannot tax that fed store (also cant tax fed ct houses)
Federal govt is immune from unwanted state taxation or regulation
DORMANT COMMERCE CLAUSE
DORMANT COMMERCE CLAUSE is the principal that state and local laws are UNCONSTITUTIONAL if they place an “UNDUE BURDEN” on Interstate Commerce
2 Scenarios (1) LAW DOES NOT DISCRIMINATE AGAINST OUT-OF-STATERS, but burdens interstate commerce TEST: it violates the dormant commerce clause if its "BURDEN on interstate commerce OUTWEIGHS the (legitimate local benefits) BENEFITS" of the law
(2) LAW DISCRIMINATES AGAINST OUT-OF-STATERS and burdens interstate commerce (almost always held invalid)
TEST: it violates the dormant commerce clause UNLESS
(1) it is NECESSARY TO ACHIEVE AN IMPORTANT GOVERNMENT PURPOSE and
(2) government must show that NO LESS DISCRIMINATORY ALTERNATIVE can achieve its goal
EXCEPTIONS:
(1) If Congress approves, then it is ok
(2) The “Market Participant” Exception - A state or local govt may prefer its own citizens in receiving benefits from govt programs or in dealing with govt owned businesses
.–e.g. state universities can charge less tuition to in-staters
PRIVILEGES AND IMMUNITIES CLAUSE of Article IV
No state or municipality may deny citizens of other states the privileges and immunities it affords its citizens without SUBSTANTIAL JUSTIFICATION (ie can’t disciminate against out-of-staters)
2 situations (1) if law does NOT discriminate against out-of-staters -- Privileges and Immunities Clause of Art. IV DOES NOT APPLY bc his provision only applies if there is discrimination
(2) if law DOES discriminate against out-of-staters
with respect to their ABILITY EARN A LIVING (or other important economic activities), it violates the P&I clause of IV, UNLESS it is “NECESSARY to achieve an IMPORTANT government purpose”
—BUT if just discriminates against out-of-staters with respect to a “hobby” for instance - no violation of P&I clause of art IV
CORPORATIONS AND ALIENS cannot use or invoke the P&I clause
NOTE: DO NOT CONFUSE WITH Privileges and Immunities Clause of the 14th Amendment, which preserves a person’s “right to travel” from one state to another
–e.g. Sup Ct. case - CA law said if moved to CA from other state can only receive welfare benefits at level of state you moved from for 1st year - held unconstitional bc discouraged right to TRAVEL
State Taxation of Interstate Commerce
Still under Dormant Commerce Clause, just a special area within it
(1) State Tax DISCRIMINATES against interstate commerce or Out-of-Staters —> INVALID
- -ie States MAY NOT use their tax systems to help in-state businesses at expense of out-of-staters (e.g. OH law saying if person purchased ethanol that was produced in-state, they got a tax credit - HELD INVALID)
(2) State Tax DOES NOT DISCRIMINATE against interstate commerce or out-of-staters - then we are balance state need to obtain revenue against burden the tax imposes on the free flow of commerce - need 3 things must be PRESENT:
(i) SUBSTANTIAL NEXUS between the taxpayer and the state (this avoids double taxation) - requires significant or substantial activity within the taxing state (e.g. sale is made in the state, but if just solicit sails in a state my mail, no substantial nexus)
(ii) FAIRLY APPORTIONED - just needs to be a rational formula
(iii) FAIR RELATIONSHIP between the tax and the services or benefits provided by the states - e.g. tax airplane passengers related to upkeep of airport terminals
Full Faith and Credit
Courts in one state MUST give full faith and credit (that is, must enforce) all judgments of course in another state, so long as:
(1) the court that rendered or issued the judgment must have PERSONAL and SUBJECT MATTER JUDISCTION
(2) Judgment must be ON THE MERITS
(3) Judment must be FINAL
[note: we went over this on Conflict-of-laws area]
