federalism

Question 1

preemption

Answer 1

If conflict between federal law and state or local, federal law wins out

can be express (if a federal statute expressly says that federal law is exclusive in a field, then state and local laws are preempted)

or implied
1. conflict between fed/state law aka both mutually exclusive
2. if state law impedes the achievement of a federal objective, federal law preempts state law
3. field preemption

Question 2

intergovernmental immunities

Answer 2

States may not tax or regulate federal activity

Question 3

dormant commerce clause

Answer 3

state and local laws are unconstitutional violations of the Commerce Clause if they place an undue burden on interstate commerce

test **when discriminating **against out-of-staters =
* the regulation does not discriminate against out-of-state competition in order to benefit local economic interests, and
* the incidental burden on interstate commerce does not outweigh the local benefits of the regulation– it is not unduly burdensome
–> whether the regulation regulation promotes legitimate state interests and whether less restrictive alternatives are available

test when not discriminating against out-of-staters = if the gov’t is burdening ISC, balance the benefit to the state against the burden on ISC
* if the benefit > the burden, the law is uphled
* if the burden > the benefit, the law is struck down
* benefit can also be understood as the state interest
* the court may consider whether there are less restricted means to accomplish the state schools and whether the state law conflicts with other state laws

Question 4

privelges and immunities clause of A IV

Answer 4

Limits states’ ability to discriminate against out-of-staters with regard to privilege and immunities of citizenship (fundamental rights)

test:
* If the law discriminates against out-of-staters with regard to their ability to earn their livelihood (fundamental rights or important economic activities), it violates the privileges and immunities clause of Article IV unless it is necessary to achieve an important government purpose
–> reg is invalid unless it furthers an imporants, noneconmic staet interest and there is no less discrimiantory alternative to achieve its objective

Applies only when a state is discriminating against out-of-staters

does not apply to corporations

Question 5

Privileges or Immunities Clause of the 14th Am

Answer 5

states may not deny their own citizens rights of national citizenship

If deciding between P&I of A IV and P or I of 14th am: if distinguishing between/amongst residents then P or I

right to travel, but also right to petition cong for redress of grievances, right to vote for federal officers, and right to enter public lands

A state law that distinguishes between new residents solely on the length of their residency will serve no legitimate state interest.
* e.g. law limiting medical licenses to persons who have resided in the state for a year runs afoul of the clause

Question 6

exceptions to DCC

Answer 6

1. congressional approval
2. market participants– State is acting as a buyer or a seller in the relevant market –> a state or local government may prefer its own citizens in receiving benefits from government programs or in dealing with government-owned businesses
3. traditional gov’t functions

Question 7

state taxation

Answer 7

States may not use their tax systems to help in-state businesses

but a state may tax activities if there is a substantial nexus to the state
* A state may require that out-of-state businesses collect sales taxes, even if they do not have a physical presence with the state, so long as they have a substantial nexus to the state.