Federalism

Question 1

Tenth Amendment

Answer 1

All powers not granted to the federal government or prohibited to the states are reserved to the states. Thus, states have general police powers and can regulate for the health, safety and welfare of their people. Those regulations are upheld under rational basis review unless they burden a fundamental right or involve a suspect class.

Question 2

Anti-Commandeering

Answer 2

Congress can regulate or tax state activities as long as it applies to both the public and private sector. But the 10th Amendment prohibits Congress from requiring states alone to act in a particular way.

Question 3

Express Preemption

Answer 3

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

Question 4

Implied Preemption

Answer 4

Conflict: If a state law conflicts with a federal law, such that it would be impossible to follow both, the state law will be impliedly preempted.

Interference: If a state law prevents achievement of a federal objective, it will be impliedly preempted.

Field: If a valid federal law occupies the entire field, based on the regulatory scheme, the state law will be impliedly preempted.

Question 5

P&I Art. 4

Answer 5

The Art. 4 privileges and immunities clause prohibits discrimination by a state against non-residents when the discrimination concerns important commercial activities or fundamental rights, but only if the discrimination is intentionally protectionist in nature.

If a state law violates this provision, it is invalid unless there is a substantial justification and there are no less restrictive means available.

Question 6

PI 14th Amend

Answer 6

The 14th Amendment prohibits states from denying their citizens the privileges or immunities of national citizenship, such as voting for federal officers and interstate travel.

Question 7

Dormant Commerce Clause

Answer 7

Where Congress has not acted, a state can regulate local aspects of interstate commerce but may not do so in a way that discriminates against or unduly burdens interstate commerce.

Question 8

DCC Discriminatory Regs

Answer 8

Regulations that discriminate against interstate commerce to protect local economic interests are invalid unless necessary to achieve an important, non-economic state interest and there are no reasonable non-discriminatory alternatives.

Question 9

DCC Burden Regs

Answer 9

Regulations that burden interstate commerce are invalid unless the state’s interest outweighs the burden.

Question 10

DCC Exceptions

Answer 10

-Congress has approved that kind of discrimination
-States can prefer its own citizens when acting as market participant (dealing out benefits from government programs or selling state-owned resources)
-States can prefer government action over private when it involves traditional government functions