Federalism

Question 1

supremacy clause generally

Answer 1

fed law trumps conflicting state and local laws

Question 2

types of preemption

Answer 2

express preemption
implied preemption

Question 3

express preemption

Answer 3

if fed law provides that it’s the exclusive authority in a given area, it preempts state and local laws in that area
- called a preemption provision in fed law

BUT, preemption provisions are narrowly construed

Question 4

implied preemption

Answer 4

if fed law is silent on preemption, it implicity preempts state law in the following situations:
1. Mutually exclusive
2. Field preemption
3. state law impedes fed objective

if state law doesn’t run afoul of any of the above three situations, it is likely valid under supremacy clause

Question 5

mutual exclusivity

Question 6

field preemption

Question 7

state constitutions

Answer 7

may provide braoder rights/protections than fed Const, but may not provide lesser protections that conflict w/ scope of fed. Const. rights/protections

Question 8

10A

Answer 8

Powers NOT granted to fed govt are reserved to state or people
1. State police powers: rational basis, legitimate purpose
2. anit-commandeering: fed can’t compel state legislation or compelled fed programs

Question 9

Privileges & Immunities (P&I) Clause

Answer 9

Art. 4

states may not discriminate against non-state residents

• arises when state law is intentionally protectionists and concerns rights relating to important commercial activities

NOT absolute

ET: look for situations where a state intentionally protects its citizens by discriminating against non-state residents

Question 10

who is protected under P&I

Answer 10

ONLY US citizens

NOT
* corporations
* aliens (non-citizens)

Question 11

P&I analysis

Answer 11

discriminatory state law will be invalid if:
1. relates to civil liberties or commercial activities, and
2. is NOT necessary to achieve an important govt. interest

Ie, state law is intentionally protectionist in nature, there is no substantial justificiation for the discrimination, or less restrictive means are available

Question 12

P&I examples

Answer 12

1. Valid: law requiring higher fees for non-state residents at public golf courses; higher fees for hunting licenses for non-state residents, etc.
2. Invalid: income tax on non-residents only; limiting bar admissions to state residents, different fees for commercial fishing licenses

Question 13

14A Protection or Immunity Clause

Answer 13

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

UNLIKELY to be correct answer

Question 14

state taxation on interstate commerce (generally)

Answer 14

state taxes:
1. must have a substantial connection to the state, and
2. may NOT tax in a way that discriminates against interstate commerce

NOTE: a state may NOT use its tax system to help in-state busiensses or discriminate against interstate commerce

Question 15

state taxation on interstate commerce analysis

Answer 15

Does the tax discriminates against interstate commerce?

Yes: INVALID, violates dormant commerce clause
No: burden placed on interstate commerce > its benefits to the state? Three requirements:
1. substantial nexus
2. fair apportionment
3. fair relationship

Question 16

substantial nexus

Answer 16

tax must have substantial nexus to the taxing state

ie, item taxed is based on significant in-state activity

Question 17

fair appointment

Answer 17

tax must be fairly apportioned

ie, state can ONLY tax the portion of the activity connected to state

Question 18

fair relationship

Answer 18

tax must be fairly related to services or benefits provided by state

ie, tax must be fairly related to some govt service or benefit

Question 19

intergovernmental immunity

Answer 19

states may NOT directly tax or regulate fed govt property or activities without consent of Congress

Question 20

intergovernmental immunity exception

Answer 20

indirect, non-discriminatory taxes are valid if they do NOT unreasonably burden fed govt

eg, state income tax on fed employees working in the state is OK b/xc not a direct tax on fed govt