Federalism Flashcards
Exclusive Federal Powers
a. Power of States Expressly Limited
Some enumerated powers are exclusively federal because the Constitution limits or prohibits the use of the power by states (for example, treaty power, coinage of money).
b. Inherent Federal Powers
Other enumerated powers are exclusively federal because the
nature of the power itself is such that it can be exercised only by the
federal government (for example, declaration of war, federal citizenship).
Exclusive State Powers
Under the Tenth Amendment, all powers not granted to the federal government or prohibited to the states are reserved to the states or the people. The fact that the Tenth Amendment reserves all other powers to the states means that states have general police powers—that is, they can regulate the health, safety, and welfare of their people.
Tax or Regulation Applying Only to States—Typically Invalid
The Tenth Amendment limits Congress’s power to require the states to act in a particular way. In other words, Congress can’t commandeer the states by requiring them to enact state laws or to enforce federal laws.
Tax or Regulation Applying to Both State and Private Entities—Valid
The anti-commandeering rule does not apply when Congress regulates an activity in which both the states and private actors engage. Therefore, Congress can subject state and local
government activities to regulation or taxation if the law or tax applies to both the public sector and the private sector
the intergovernmental immunity doctrine.
Based on the Supremacy Clause, states cannot interfere with or control the operations of the federal governmeny
Effect of Supremacy Clause
Because of the Supremacy Clause, a federal law may supersede or preempt state (or local) laws. Federal law includes the Constitution, federal statutes and regulations, treaties, and executive agreements.
a. Express Preemption
A federal law may expressly say that the states may not adopt laws concerning the subject matter of the federal legislation. Express preemption clauses will be narrowly construed.
b. Implied Preemption
Conflict Between State and Federal Law Requirements
If a state law conflicts with federal law requirements, such that it would be impossible to follow both laws, the state law will be held to be impliedly preempted.
implied exemption-State Prevents Achievement of Federal Objective
if a state or local law prevents achievement of a federal objective,
it will also be held to be impliedly preempted. This is true even if the state law was enacted for some valid purpose and not to frustrate the federal law
Field Preemption
A valid federal law may impliedly “occupy” the entire field, thus barring any state or local law even if the state or local law is nonconflicting. The courts will look at the regulatory scheme to determine whether Congress intended to preempt the entire field
