Federal-State Regulation (incl Com Clause, P&I)

Question 1

Federal use of spending power not a violation of

10th A when:

(3 elements)

Answer 1

Federal use of spending power is not a violation of 10th A reservation of power to states when:

1. Conditions on spending are clearly stated
2. Conditions relate to purpose of program
3. Conditions are not unduly coercive

Question 2

Supremacy Clause (Article VI)

Ways in which federal law can preempt (making local law inconsistent w/ Fed):

Answer 2

1. Express preemption (rare.)
2. Implied - Conflicting terms: impossible to follow both federal and state
3. Implied - Field Preemption: extensive federal regulation “occupies the field” by showing congressional intent

Question 3

Dormant Commerce Clause

General test of discrimination of in-state actors & exceptions

Answer 3

State discrimination favoring in-state actors are presumptively invalid UNLESS:

1. Necessary to acheive important government purpose AND
2. No less discriminatory alternatives

EXCEPTIONS:

• Congress approves of in-state discrimination
• market participant exception

Note similarity to P&I Art IV clause

applies to all out-of-staters (can apply to aliens or corporations)

Question 4

Privileges & Immunities Clause of Article IV:

General applicability

Answer 4

A state regulation discriminating against out-of-state US citizens void when affects

1. Important commercial activities (earning livelihood)
2. fundamental rights (speech, religion, right to procreate)

UNLESS

1. necessary to achieve important government purpose
2. No less discriminatory alternatives

Note similarity to DCC: mutually reinforcing

only applies to US citizens, NOT aliens or corporations

Question 5

Privileges or Immunities Clause of 14th A

General Applicability

Answer 5

No State shall make any law that shall abridge the privileges or immunities of citizens dealing with:

1. Interstate travel
2. Right to petition federal government
3. Bill of Rights

Question 6

Interstate Commerce:

State taxation of interstate commerce

Answer 6

Discriminatory Taxation: usually invalid

Non-discriminatory Taxation: usually upheld, if:

• substantial nexus between taxpayer and state AND
• fair apportionment to business within state