Federalism

Question 1

Is a state law that prohibits the activities of a federal agency permissible?

Answer 1

No. Under the Supremacy Clause, activities of a federal agency supersede any inconsistent local law (even if the law is not directed specfically at the agency)

Question 2

On what basis can states coin money? What form of money can the state accept for payments?

Answer 2

gold and silver for both

Question 3

when does a state law NOT violate DCC?

Answer 3

1. the regulation does not discriminate against out-of-stateactors to benefit local economic interests (“economic protectionism”);
2. does not unduly burden interstate commerce (burden < state’s interest in the action); or
3. does not regulate wholly OOS activity

Question 4

are express preemption clauses broadly or narrowly construed? what is a savings clause?

Answer 4

narrowly; may explicitly preserve or allow state laws regulating in the same area

Question 5

when can a private party sue the state?

Answer 5

1. injunctive relief sought in suit brought against state official for enforcing law that violates federal law Young
   2. state official for acts outside the law
   3. state expressly consents, or
   4. based on 13A-15A enforcement powers

Question 6

can congress abrogate si?

Answer 6

ii. Congress cannot generally abrogate SI
1. EXCEPTION:
a. Pursuant to bankruptcy clause
Enforcement of rights under 13, 14, 15A

Question 7

when must a state court give effect to another’s court judgment?

Answer 7

i. jurisdiction over the parties and subject matter;
ii. on the merits; and
iii. final.

Question 8

if a law is facially discriminatory against OOS actors, what is the test?

what are the exceptions?

Answer 8

1. compelling state interes
2. necessary/no nondiscrm means

market participant
traditional govt function

Question 9

if a law is facially neutral but incidentally burdens ISC, what is the tes?

Answer 9

invalid if burden on isc>promotion of legit local interests

Question 10

when can a state tax ISC? what is the test?

Answer 10

only if congress has not acted and it is not discriminatory/unduly burdensom
1. Substantial nexus—between the activity being taxed and the taxing state; o
2. Fair apportionment—such that interstate commerce does not pay total taxes greater than local commerce;
3. Nondiscrimination—no direct commercial advantage to local businesses over interstate competitors (even if neutral on its face); and o
Fair relationship—the tax must be fairly related to the services provided by the taxing state.

Question 11

when can a state tax foreign commerce?

Answer 11

only with congressional approval

Question 12

when can a state NOT tax federal instrumentalities (govt and agencies)?

Answer 12

1. legal incidence is on the US without congressional consent
2. state reg would interfere with fed fx

Question 13

what does article iv comity clause do?
what is the test?
what are the exceptions?
does it cover corporations and aliens?

Answer 13

prohibits state govt from discriminating against nonresident persons if

i. the economic discrimination affects “fundamental rights” or “important economic activities,”

1) rights include pursuit of employment, transfer of property, access to state courts
a) e.g., higher license fees or taxes for out-of-staters, abortions or employment for locals only

ii. unless the discrimination is
1) closely related (no less discriminatory alternative could be achieved) to
2) a substantial gov’t interest (IS)

iii. exception: substantial justification - the state can show:

1) • The nonresidents either cause or are a part of the problem that the state is trying to solve; and
2) There are no less-restrictive means to solve the problem

no NA to corp and aliens

Question 14

what does the 14th A does wrt to protecting OOS residents?

Answer 14

State cannot deny citizen rights of national citizenship, e.g., to travel state lines and establish residency in a new state
i. includes residency requirements before licensure for work SS