Federalism

Question 1

The 10th A reserves power to the states which creates _____________ power to regulate health, safety, welfare of their ppl

Answer 1

Police powers

Question 2

The ability for states to regulate health, safety, welfare of their ppl falls under:

Answer 2

Police powers

Question 3

Police powers allows:

Answer 3

States to regulate health, safety, welfare of their ppl

Question 4

Congress can subject states and local govt to regulation or taxation if:

Answer 4

Regulation or taxation apply BOTH to private and public sector (i.e. min wage)

Question 5

State regulations regarding health, safety, and welfare will be upheld if they are?

(iow: what test)

Answer 5

Rational

Question 6

State regulations regarding a fundamental right or involve suspect/quasi-suspect class will be upheld if

Answer 6

pass strict scrutiny test

Question 7

Is this valid? why or why not?

Congress requiring states to enact enviro regulations

Answer 7

NO - Congress requiring states to act in a certain way

Question 8

Is this valid? why or why not?

Congress banning states from legalizing sports gambling

Answer 8

NO - Congress requiring states to act in a certain way

Question 9

Is this valid? why or why not?

Congress requiring local law enforcement to conduct background checks for a federal handgun law

Answer 9

NO - Congress requiring states to act in a certain way

Question 10

Implied preemption

Answer 10

law preempted impliedly instead of explicity

Question 11

How are express preemption clauses construed?

Answer 11

narrowly construed

Question 12

List (3)

Ways state laws may be preempted

Answer 12

1. Direct Conflict Preemption - conflict makes it impossible to follow state or fed law
2. Indirect Conflict Preemption - State law frustrates achievement of federal objective
   
   1. i.e., state law says driver’s license is suspended if individual fails to pay accident judgement, even if person is discharged from duty because declared bankruptcy
3. Field preemption - Congressional intent to occupy the entire field which leaves no room for state involvement

Question 13

The Privileges and Immunities Clause prohibits discrimination by a state against:

Answer 13

nonresidents (but ppl who are still US citzens)

Question 14

Although nonresidents are protected under PAI clause, who is NOT protected?

Answer 14

Corporations and aliens

Question 15

The Interstate PAI Clause prohibits discrimination by a state against nonresidents when the discrimination concerns:

Answer 15

Clause only applies if the discrimination is intentionally protectionist for

1. Commercial activities (i.e., ability to earn a living) -OR-
2. Fundamental rights

Question 16

Intentionally protectionist discrimination by a state against nonresidents concerning commercial or fundamental rights is prohibited under the:

Answer 16

Interstate PAI clause

Question 17

List (2)

If a state does burden an important commercial activity or fundamental right it is invalid

UNLESS:

Answer 17

1. Law is necessary to achieve an important government purpose -AND-
2. No less restrictive means available

basically state has to show that nonresidents cause or are part of the problem that state is trying to solve

Question 18

If a states burdens an important economic commercial activity or fundamental right, it is valid if

Answer 18

1. Law is necessary to achieve an important government purpose -AND-
2. No less restrictive means available

• basically state has to show that nonresidents cause or are part of the problem that state is trying to solve*
• _{^{answer same as card 17, Q on front side is just worded differently}}*

Question 19

Dormant Commerce Clause

Answer 19

Even when Congress has not acted, Commerce Clause still restricts state regulation of interstate commerce

Question 20

list (2)

Under the Dormant Commerce Clause states cannot:

Answer 20

1. favor local economic interests -OR-
2. unduly burden interstate commerce

Question 21

Are state/local regulations which discriminate against interstate commerce valid?

Answer 21

Generally NO

Question 22

List (2)

When are state/local regulations which discriminate against interstate commerce valid?

Answer 22

1. Necessary to achieve important, noneconomic state interest
2. No reasonable nondiscriminatory alternatives available

• ex: prohibit import of live bait fish bc of parasite problem; cannot prohibit export of live bait fish if no major state interests*
• _{^{same as 17, 18}}*

Question 23

Balancing test

If a nondiscriminatory state law burdens interstate commerce it is valid

UNLESS:

Answer 23

burden on interstate commerce OUTWEIGHS promotion of legit state interest

**court will consider if less restrictive alternatives apply**

Question 24

“State as a market participant”

A state can prefer its citizens in receiving govt benefits (ie state tuition) …. BUT

Answer 24

….but cannot control what happens to state resources once sold

(ie Alaska violated CC when imposed requirement that timber be processed in Alaska before being shipped out)

Question 25

not covered in lecs

Nondiscriminatory taxes upheld if:

Answer 25

One of the following:

1. Substantial nexus - tax applies to activity with a substantial nexus in the state
2. Fair apportionment - apportioned according to rational formula
3. Fair relationship - tax fairly related to services or benefits provided by state