FEDERALISM

Question 1

exclusive fed powers

Answer 1

some enumerated powers are exclusively federal

Question 2

exclusive state powers

Answer 2

under 10A, all powers not granted to fed or barred to states are reserved to the people/states

states have general police power — can regulate health, safety, welfare of their people

such regs will be upheld if they’re rational — unless they burden a fund right or involve suspect or quasi-suspect classification

Question 3

federal taxation/regulation of state/local gov’t

Answer 3

congress can subject state and local gov’t activities to regulation or taxation if law/tax applies to BOTH public and private sector (e.g., min wage laws)

Question 4

tax/reg applying only to states

Answer 4

usually invalid

Question 5

state taxation and reg of fed gov’t

Answer 5

• due to supremacy clause, states can’t interfere with fed gov’t operations
• non-discriminatory indirect taxes are fine if they don’t burden fed gov’t (e.g., state income tax on fed workers)

Question 6

supremacy clause and preemption

Answer 6

fed law may supersede/preempt state/local law

Question 7

express preemption

Answer 7

if a fed law says it is exclusive authority in a given area, it preempts state/local law in that area

Question 8

implied preemption

Answer 8

if fed law is silent on preemption, it IMPLICITLY preempts state law in 3 situations

1. state law conflicts with fed law requirements – complying with both is impossible
2. if state or local law prevents achievement of fed OBJECTIVE, it’s implied preempted
3. field preemption – a fed law may impliedly occupy entire FIELD, thus barring any state/local law even if it’s not conflicting (think immigration law)

Question 9

presumption against preemption

Answer 9

in all preemption cases, but esp in cases involving a field traditionally within sates power, courts will start with presumption that historic state police powers aren’t to be superseded unless that was Congress’s clear purpose

Question 10

state constitution

Answer 10

can provide broader rights/protections than fed constitution

Question 11

article IV priv and immunity clause

Answer 11

• prohibits intentional discrimination by a state against non-residents (only commercial activities such as pursuit of livelihood and fund rights protected)
• if state law burdens impt commercial activity or fund right, it’ll be invalid unless law is necesary to achieve impt gov’t purpose and no less restrictive means available
• ONLY PROTECTS CITIZENS

e.g., state cannot charge out of state commercial fisherman more for a fishing license than a reisdent commercial fisherman!

Question 12

dormant commerce clause

Answer 12

• if congress hasn’t regulated, state/local gov’t can regulate local aspects of interstate commerce
• protects aliens or corporations
• but state/local gov’t must not discriminate against or unduly burden interstate commerce

principle: even where congress hasn’t acted, commerce clause restricts state regulation of interstate commece – states cannot favor local economic interests/unduly burden interstate commerce

Question 13

state/local regulations that discriminate against interstate commerce

***MAY ALSO VIOLATE ART IV PRIV AND IMMUNITIES CLAUSE OR EPC

Answer 13

state/local regulations that discriminate against interstate commerce to PROTECT LOCAL ECON INTERESTS are almost ALWAYS INVALID — FAVORS LOCAL BUSINESSES OR DISCRIMINATES AGAINST OUT OF STATE BUSINESSES

e.g., NY cannot ban CA wines or tax them at a higher rate than local wines; regulation limiting access to privately owned in state products

exceptions (state/local action that discriminates against out of state entities is ok):

1. may be valid if it’s necessary to achieve impt non-econ state interest and no reasonable nondiscrim alternatives
2. congress has approved that kind of discrim
3. state is acting as market participant – purchaser, seller (state/local gov can prefer its own citizens in getting benefits from gov programs; tuition discounts at state colleges to in state residents; state can sell to local companies at lower price; STATE IS OPERATING STATE-OWNED BUSINESS)
4. involves performance of a traditional gov’t function (waste disposal)

Question 14

nondiscriminatory law (treats local and out of state interests alike) that burdens interstate commerce

Answer 14

• nondiscriminatory law – e.g., bans all radars regardless of origin
• will be valid unless:
  incidental burdens to interstate commerce outweighs promotion of legitimate local interest

Question 15

14A privileges or immunities clause

Answer 15

state may not deny their citizens/residents the priv or immunities of nat’l citizenship (right to travel, right to enter public lands, right to vote for fed officers, etc)

Question 16

state taxation of interstate commerce

Answer 16

• same considerations that apply to state regulation of commerce also apply to state taxation of commerce

1. does state tax affect activity addressed by fed legislation? if yes, invalid state tax
2. if no, does state tax discriminate against interstate commerce (e.g., tax on out of state businesses higher than in-state businesses)? if yes, invalid state tax
3. if state tax doesn’t discriminate, does state tax unduly burden interstate commerce? YES — if no substantial nexus, unfair apportionment, and no fair relationship b/w tax and benefits
4. if state tax does not unduly burden interstate commerce, valid state tax