Federal System

Question 1

Federal and State Powers

Answer 1

General - though federal powers are superior, most federal powers are concurrent with those of the state (state can regulate many of federally regulated)

Note - some powers are exclusively federal and include the power over foreign relations and the power to coin money

Question 2

Intergovernmental Immunities

Answer 2

General - federal government immunue from direct state regulation or taxation BUT states can indirectly tax such as taxing the income of federal employees so long as not discriminated against

Regulation - states are not immune from direct federal regluation (ex: pollution regulations, employement laws, etc.)

State Officer Shield - state laws cannot shield state officers from federal liability

Exception - the anti-commandeering principle forbids states from being forced to implement federal programs however the fed can then use its spending power to bribe states

Question 3

State Reg + Taxation of Commerce - 1. Comity Clause

Answer 3

1. Privileges and Immunities of State Citizenship under Article IV. (Comity Clause)

General - forbids serious discrimination against out of state individuals, absent substantial justification; does not protect out of state corporations

Rule - there can be no legal requirement of residency for private employment but public emplyment canr equire residency requirements

Serious Discrimination - typically involves employement

Non-Serious Discrimination - states discriminate with regard to recreational opportunities, such as hunting license

Question 4

State Reg + Taxation of Commerce - 2. DCC

Answer 4

2. Dormant Commerce Clause (DCC)

Importance - more important than Comity Clause because it protects out of state businesses as well as out of state individuals

Dormant - means in the absence of federal regulation (when the federal commerce power is unexercised)

Rule - in absence of federal regulation, state regulation of commerce is valid so long as:

1. there is no discrimination against out of state interests
2. the regulation does not unduly burden interestate commerce
3. the regulation does not apply to wholly extraterritorial activity

Question 5

State Reg + Taxation of Commerce - 2. DCC E1

Answer 5

No Discrimnination Against Out of State Interest - examples include taxing all out of state interest at higher rate or forbigdding sale , requiring pmanufacturing to beperformed in state, limiting privately owned landfills to in state garbage, etc.

Exceptions:

1. State as Market Participant - when a state is buying or selling goods or services, it can choose to deal with only in state persons
2. Subsidies - state can always choose to subsidize only its own citizens
3. Federal Approval - DCC only applie-s in the absence of federal action; if congress authorizes or consents to state regulation of commerce, nothing the state does will violate the commerce clause, even if it discriminates

Question 6

State Reg + Taxation of Commerce - 2. DCC E2

Answer 6

2. No Undue Burden on Interestate Commerce

General - non-discriminatory state regulation of commerce is almost always upheld but when outrageously costly relative to benefits ofthe regluation is struck down as an undue burden on interstate commerice

Test - balancing test, but rarely struck down

Question 7

State Reg + Taxation of Commerce - 2. DCC E3

Answer 7

3. No regluation of Wholly Extraterritorial Activity

Rule -state may not regulate conduct occuring wholly beyonds its borders

Ex: OH tried to legislate that beer sold in OH could not be sold at a price different from the price of beer sold in other states