Federalism

Question 1

Supremacy Clause

Answer 1

federal laws trump conflicting state and local laws

Question 2

express preemption

Answer 2

if a federal law provides that it is the exclusive authority in a given area, it preempts state and local laws in that area; narrowly construed

Question 3

implied preemption

Answer 3

if a federal law is silent on preemption, it implicitly preempts state law in 3 situations:
1) complying with both is impossible
2) state law impedes a federal objective
3) Congress evidences clear intent to legislate exclusively and/or preempt state law

Question 4

Dormant Commerce Clause test

Answer 4

A state/local law regulating interstate commerce is invalid if it:
1) discriminates against out-of-state competition
2) unduly burdens interstate commerce
3) regulates wholly out of state activity

Question 5

Dormant Commerce Clause exceptions

Answer 5

state law burdening interstate commerce is valid if either:
1) it is necessary to an important state interest
2) state is market participant
3) involves traditional government function
4) Congress approves

Question 6

Article IV Privileges & Immunities Clause

Answer 6

states may not discriminate against non-state residents (only protects citizens)

arises if a state law is intentionally protectionist and concerns rights relating to important commercial activities

Question 7

Privileges & Immunities analysis

Answer 7

discriminatory state law is invalid if it:
1) relates to civil liberties or commercial activities; and
2) is not necessary to achieve an important government interest

Question 8

14th Amendment Privileges OR Immunities Clause

Answer 8

primarily applies to restrictions on rights to interstate travel; narrowly construed