Federal System Flashcards
10th Amendment
powers not delegated to the US by constitution, nor prohibited to states, reserved for states or people
Supremacy law
fed law supersedes states law
Express preemption
- fed law expressly provides state law may not adopt laws concerning fed subject matter.
- narrowly construed
Implied preemption
- conflict between state and fed law - state law preempted
- state prevents fed objective- state law preempted, even if it has a valid purpose and didn’t intend to frustrate fed law
- fed law occupies entire field precluding state law- state law preempted even if state law is nonconflicting
Presumption against preemption
presumption that historic state powers (health, safety, welfare) are not to be superseded unless that’s the clear purpose of congress
What are the exclusive federal powers?
- those the constitution limits or prohibits to states (treaty power, coinage, tax, spending)
- those in their nature only for the fed gov (declaration of war, federal citizenship)
Constitution
powers of the constitution cannot be changed by congress, fed gov, or states
Interstate compact clause
- concerns agreements between states
2. if the agreement increases states’ power at expense of fed power, congressional approval req
Full faith credit clause
judgment (courts ruling) must be recognized in sister states. applies if ALL:
- court rendered the judgment had jurisdicition over parties and SM
- judgment was on the merits
- judgment is final
US suing a state?
may sue a state without state consent
State suing the US?
- need US consent, public policy
2. congress can pass legislation to make exceptions
State suing state?
- may sue a state without state consent
2. SC has exclusive original jurisdiction
Tax/regulation applying to both state and private entities
- congress may subject state/local gov activities to tax/regulation if tax/law applies to BOTH:
- public sector
- private sector
ex: min wage laws
Tax/regulation applying to state not private entities.
Limitations, Exceptions?
- may be limited by 10th A (on MBE- 10th A will never invalidate a fed action)
ex: congress cannot req states to regulate radioactive waste or take title to it
Exceptions:
- congress may restrict state activities that vio civil liberties
- congress may regulate state through spending power with conditions on grant money (no vio of 10th A) if ALL:
- subject of spending program clearly stated
- related to purpose of the program
- not unduly coercive
Commandeering state officials
SC said congress cannot require state exec officials (police) to enforce fed laws because of constitution’s dual sovereignty structure
Article 4
Interstate P&I- prohibits discrimination by state against nonresidents
- does NOT protect corp or aliens
- only prohibits fundamental rights related to important commercial activities (pursuit of livelihood, civil liberties)
- only applies if discrimination is intentionally protectionist in nature
- state law valid if substantial justification for diff treatment (nonres cause/partially problem state sees) and no less restrictive means to solve
Interstate P&I excludes who? How are they protected?
- Does not protect corporations or aliens.
- Instead, protected by:
- equal protection
- due process clause of 14th A
- dormant commerce clause
Interstate P&I
Article 4- prohibits discrimination by state against nonresidents
- does NOT protect corp or aliens
- only prohibits discrimination re fundamental rights related to important commercial activities (pursuit of livelihood, civil liberties)
- only applies if discrimination is intentionally protectionist in nature
- state law valid if substantial justification for diff treatment (nonres cause/partially problem state sees) and no less restrictive means to solve
Interstate P&I v. DCC
analyze both on exam
Interstate P&I, Examples?
state will not discriminate against out of staters regarding FUNDAMENTAL RIGHTS– commercial activities, pursuit of livelihood, or civil liberties
state may discriminate on recreational issues
14th Amendment
- state may not deny their citizens P&I of national citizenship (right to vote for fed officers, right to interstate travel, right to petition congress)
- does not protect corporations
