Federal Versus State Powers Flashcards
What is express preemption?
Express preemption occurs when a federal law expressly provides that states may not adopt laws concerning the subject matter of the federal law. Express preemption is narrowly construed.
What is implied preemption and how does it occur?
Implied preemption occurs when a federal law and state law conflict.
1) State impediment of federal objective: a state or local law impedes the achievement of a federal objective. The state law is invalid.
2) Field preemption: when federal legislation is comprehensive around an area or when an agency was created to legislate the area, the field is “occupied”. State law in the area is thus invalid.
Can the federal government sue the states?
Yes, even without a state’s consent.
Can a state sue the federal government?
No, not without the United States’ consent. Congress can pass legislation that permits the United States to be sued by a state in a given situation.
Can federal officers be sued?
Federal officers cannot be sued in an official capacity. But, if the officer acted ultra vires, the officer may be sued for specific relief.
Can states sue each other?
Yes, even without a state’s consent. The Supreme Court has exclusive jurisdiction over such cases.
Congress can exercise its spending power with strings attached, but what are the requirements? (3 factors). What is the limit?
Yes, Congress can impose conditions on grants to state or local governments. However, those conditions must be 1) expressly stated, 2) relate to the purpose of the spending program, 3) not unduly coercive.
But, Congress cannot compel states to act in accordance with a federal programs or laws.
T/F: A state supreme court may construe the state constitution EP Clause independently of the US Constitution.
True.
What are the requirements for a valid state tax on the federal government? (3 factors)
1) nondiscriminatory (does not apply only to federal government)
2) indirect
3) not unreasonably burdensome
