Federalism

Question 1

General Police Powers

Answer 1

States have general police powers to regulate the health, safety, and welfare of their people. They will be upheld if rational unless they burden a fundamental right or involve a suspect or quasi-suspect classification.

Question 2

Anti-commandeering Principle

Answer 2

Congress cannot compel states to enact or administer federal programs. Nor can it compel state officials to enforce federal laws.

Question 3

State taxation/regulation of the federal government

Answer 3

States impose a direct tax against the federal government without consent. However, it may impose nondiscriminatory, indirect taxes on the federal government if it does not unreasonably burden it.

Question 4

Express Preemption

Answer 4

A federal law may expressly say the states may not adopt laws concerning the subject matter of federal legislation.

Question 5

Conflict Preemption

Answer 5

When state and federal law requirements make it impossible to follow both, the state law is impliedly preempted.

Question 6

Field Preemption

Answer 6

When a valid federal law impliedly occupies the entire field, it bars any state or local law even if it is nonconflicting.