Federalism Flashcards
Can congress force states to enact state laws or enforce federal laws?
No
When a state law conflicts with a federal law and it would be impossible to follow both, what happens?
State law is impliedly preempted
When state or local law prevents achievement of federal objective, what happens?
It’s impliedly preempted. EVEN if state law was enacted for valid purpose
Third type of preemption?
Field— Congress has “occupied the field,” EVEN if state or local law is non conflicting. Courts look to legislative intent.
Does Priv and Immunities Clause protect corporations and aliens?
No
Priv and Immunities clause prohibits protectionist discrimination against nonresidents concerning either _____ or ____.
Commercial activities; fundamental rights
Priv and Immunities violation can be valid if it’s _____ and there are ______.
Necessary to achieve important gov purposes; no less restrictive means available
Even when congress has not acted, states may violate the commerce clause by enacting laws that discriminate against or unduly burden IC. T/F?
True
Violating dormant commerce clause can still be valid if necessary to achieve ____ and there are no _____.
An important, NONECONOMIC state interest; no reasonable non discriminatory alternatives available
States can burden interstate commerce if it’s nondiscriminatory on other state residents. T/F?
Not necessarily — balancing test will weigh a nondiscriminatory law against its benefit
Can congress permit state regs that would violate the dormant commerce clause?
Yes, like allowing states to favor clean energy providers
Market participant exception— what is it?
States can prefer its own citizens for receiving benefits from gov programs. Ex. offering in-state tuition to residents
