Federal System

Question 1

10th Amendment

Answer 1

powers not delegated to the US by constitution, nor prohibited to states, reserved for states or people

Question 2

Supremacy law

Answer 2

fed law supersedes states law

Question 3

Express preemption

Answer 3

1. fed law expressly provides state law may not adopt laws concerning fed subject matter.
2. narrowly construed

Question 4

Implied preemption

Answer 4

1. conflict between state and fed law - state law preempted
2. state prevents fed objective- state law preempted, even if it has a valid purpose and didn’t intend to frustrate fed law
3. fed law occupies entire field precluding state law- state law preempted even if state law is nonconflicting

Question 5

Presumption against preemption

Answer 5

presumption that historic state powers (health, safety, welfare) are not to be superseded unless that’s the clear purpose of congress

Question 6

What are the exclusive federal powers?

Answer 6

1. those the constitution limits or prohibits to states (treaty power, coinage, tax, spending)
2. those in their nature only for the fed gov (declaration of war, federal citizenship)

Question 7

Constitution

Answer 7

powers of the constitution cannot be changed by congress, fed gov, or states

Question 8

Interstate compact clause

Answer 8

1. concerns agreements between states

2. if the agreement increases states’ power at expense of fed power, congressional approval req

Question 9

Full faith credit clause

Answer 9

judgment (courts ruling) must be recognized in sister states. applies if ALL:

1. court rendered the judgment had jurisdicition over parties and SM
2. judgment was on the merits
3. judgment is final

Question 10

US suing a state?

Answer 10

may sue a state without state consent

Question 11

State suing the US?

Answer 11

1. need US consent, public policy

2. congress can pass legislation to make exceptions

Question 12

State suing state?

Answer 12

1. may sue a state without state consent

2. SC has exclusive original jurisdiction

Question 13

Tax/regulation applying to both state and private entities

Answer 13

1. congress may subject state/local gov activities to tax/regulation if tax/law applies to BOTH:
   
   • public sector
   • private sector

ex: min wage laws

Question 14

Tax/regulation applying to state not private entities.

Limitations, Exceptions?

Answer 14

1. 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:

1. congress may restrict state activities that vio civil liberties
2. 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

Question 15

Commandeering state officials

Answer 15

SC said congress cannot require state exec officials (police) to enforce fed laws because of constitution’s dual sovereignty structure

Question 16

Article 4

Answer 16

Interstate P&I- prohibits discrimination by state against nonresidents

1. does NOT protect corp or aliens
2. only prohibits fundamental rights related to important commercial activities (pursuit of livelihood, civil liberties)
3. only applies if discrimination is intentionally protectionist in nature
4. state law valid if substantial justification for diff treatment (nonres cause/partially problem state sees) and no less restrictive means to solve

Question 17

Interstate P&I excludes who? How are they protected?

Answer 17

1. Does not protect corporations or aliens.
2. Instead, protected by:
   
   • equal protection
   • due process clause of 14th A
   • dormant commerce clause

Question 18

Interstate P&I

Answer 18

Article 4- prohibits discrimination by state against nonresidents

1. does NOT protect corp or aliens
2. only prohibits discrimination re fundamental rights related to important commercial activities (pursuit of livelihood, civil liberties)
3. only applies if discrimination is intentionally protectionist in nature
4. state law valid if substantial justification for diff treatment (nonres cause/partially problem state sees) and no less restrictive means to solve

Question 19

Interstate P&I v. DCC

Answer 19

analyze both on exam

Question 20

Interstate P&I, Examples?

Answer 20

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

Question 21

14th Amendment

Answer 21

1. 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)
2. does not protect corporations