Federalism

Question 1

Supremacy Clause

Answer 1

The Constitution, and laws and treaties made pursuant to it, are the supreme law of the land. If there is a conflict between federal law and state law, federal law preempts state law.

Question 2

Express Preemption

Answer 2

Federal statute says it is exclusive in a field

Question 3

Implied Preemption

Answer 3

Federal Law preempts State Law if:
- Federal and state laws are mutually exclusive
- State law impedes the achievement of a federal objective
- Congress evidences a clear intent to preempt state law, federal law preempts state law (I.e., immigration law)

NOTE: States can set environmental standards stricter than federal law unless congress clearly prohibits this.

Question 4

Dormant Commerce Clause Definition

Answer 4

A state law is unconstitutional if it leaves an undue burden on interstate commerce.

Question 5

The Privileges and Immunities Clause Article IV

Answer 5

Article IV:
- Limits state’s ability to discriminate against out-of-staters regarding privilege and immunities of citizenship.
- Applies ONLY when a state is discriminating against out-of-staters

Question 6

Analysis if the law does NOT discriminate against out-of-staters?

Answer 6

The privileges and immunities clause of Article IV does not apply

If the law burdens interstate commerce, it violates the dormant commerce clause if its burdens exceed its benefits

Question 7

Analysis if the law DOES discriminate against out-of-staters AND burdens interstate commerce?

Answer 7

If the law burdens interstate commerce:
- It violates the dormant commerce clause UNLESS it is necessary to achieve an important government purpose

Exceptions:
- Congressional approval
- The Market Participant exception: A state
or local government may prefer its own citizens in receiving benefits from government programs or in dealing with government-owned businesses.

Question 8

The Privileges and Immunities Clause Fourteenth Amendment

Answer 8

Limited to right to travel. ALWAYS a wrong answer unless it involves the right to travel

Question 9

Analysis if the law DOES discriminate against out-of-staters with regard to their ability to earn their livelihood?

Answer 9

Violates the privileges and immunities clause of Article IV UNLESS it is necessary to achieve an important government purpose

ELEMENTS:
i) The law must discriminate against out-of-staters.
ii) The discrimination must be with regard to fundamental rights or important economic activities.
iii) Corporations and aliens cannot use the privileges and immunities clause.
iv) The discrimination must be necessary to achieve an important government purpose.