Federalism Flashcards
Exclusive State Powers
Under the Tenth Amendment, all powers not granted to the federal government or prohibited to the states are reserved to the state or the people. Federal powers are given expansive interpretation, so thus little state power is exclusive.
However, states have general police powers
– they can regulate the health, safety, and welfare of their people
– such regulations will be upheld if they are rational, unless they burden a fundamental right or involve a suspect or quasi-suspect classification
State Immunity from Federal Regulation
When congress acts pursuant to its enumerated powers, it may regulate states in the same fashion as it regulates private actors. However, congress cannot compel a state to enact legislation or require state officials to implement or administer federal laws.
NOTE - if congress passes a tax that does not apply to private businesses but merely taxes government entities, its possible the court will use the Tenth Amendment to prohibit the tax
Compelling Enactment of Legislation
Congress may not simply commandeer the legislative process of the states by directly compelling the state to enact and enforce a federal regulatory program
– congress may attach conditions on the receipt of federal funds
– where congress has the power to regulate private activity under the commerce clause, congress may offer the states the choice of regulating the activity according to federal law or have the state law preempted by federal law
Express Preemption
A federal law may expressly sat that states may not adopt law concerning the subject matter of the federal legislation (narrowly construed)
Implied Preemption
Conflit Preemption
1) When compliance with both federal and state law is impossible, the state law is preempted
2) when the state law prevents the achievement of a federal objective, the state law is preempted
Field Preemption
– When congress evidences an intent to regulate a particular field exclusively. When field preemption occurs, no state law may apply to the subject, even if the state laws do not directly conflict with the federal laws.
Presumption Against Preemption
In all preemption cases, but especially in cases involving a field typically within the police powers of a state, courts will start with the presumption that the historic state police powers are not to be superseded unless there was a clear and manifest purpose of congress
Privileges AND Immunities Clause
Article IV privileges and immunities clause prohibits discrimination by a state with regard to important commercial activities or fundamental rights against nonresidents, unless the discrimination is necessary to promote a substantial state interest
NOTE – Corporations and aliens are not protected by this clause
What does the privileges and immunities apply to
The clause is an anti discrimination measure that limits the ability of states to treat citizens of other states differently from the state’s own citizens
The clause limits discrimination only with respect to important commercial activity and fundamental rights when such discrimination is intentionally protectionist
When Discrimination is Allowed (privileges and immunities)
The clause may allow discrimination against non-residents, even with respect to certain very important rights if:
1) the law is necessary to achieve an important governmental purpose; and
2) there are no less restrictive means available
NOTE - the clause only applies to US citizens and does not include aliens or corporations
Privileges OR Immunities Clause
Fourteenth Amendment privileges or immunities clause prohibits states from denying their citizens the privileges or immunities of national citizenship.
This includes
– protection by the government
– right to acquire and possess property of every kind
– the right to pursue and obtain happiness
NOTE - this allows a citizen of the US to become a citizen of any state by bona fide residence and enjoy the same rights as other citizens of that state
NOTE - Corporations are not protected by this clause
Dormant Commerce Clause
Congress’s grant of power to regulate commerce implicitly restricts the state’s power to regulate commerce. When congress regulates commerce, conflicting state laws are superseded and even nonconflicting law in the same field may be preempted.
If congress has not enacted laws regarding the subject, a state may regulate local aspects of interstate commerce. However, the state must not discriminate against or unduly burden interstate commerce
Discriminatory Regulations (Dormant Commerce Clause)
State regulations that discriminate against interstate commerce to protect local economic interests are almost always invalid.
A discriminatory state law may be valid if it is necessary to achieve an important, noneconomic state interest and there are no reasonable nondiscriminatory alternatives available
Nondiscriminatory Laws (Dormant Commerce Clause)
If a nondiscriminatory state law burdens interstate commerce, it will be valid unless the burden outweighs the promotion of a legitimate state interest.
In balancing, the court will consider whether there are less restrictive alternatives available.
Congressional Approval Exception (Dormant Commerce Clause)
Congress may permit state regulations that would otherwise violate the dormant commerce clause. Congress may also prohibit state regulations that would otherwise be upheld under the commerce clause.
NOTE – Congress may not permit states to violate other constitutional provisions
Market Participant Exception (Dormant Commerce Clause)
A state or local government may prefer its own citizens in receiving benefits from government programs or dealing with government owned businesses.
However, once a state sells state owned resources, it cannot control what happens to the resource after that
– the state cannot impose conditions that have a substantial regulatory effect outside of that particular market (Alaska requiring lumber to be processed in Alaska before being shipped into interstate commerce - invalid)
