Federalism

Question 1

10th Amendment

Answer 1

Powers not granted to federal gov or prohibited to the states are reserved to states or people

t/f states enjoy general police powers

Question 2

State police powers

Answer 2

Regulate public health, safety, welfare.

Rational basis test for constitutionality
—–but if it burdens a fundamental right, or discriminates against a suspect or quasi suspect class, strict scruity

Question 3

Anti-commandeering princple

Answer 3

From 10th amendment. Congress can’t compel states to enact state legislation or to adminster federal programs.

BUT, not commandeering for congress to use its spending powers non coercivley. Can be used as an incentive (funding).

Question 4

Supremacy Clause

Answer 4

Makes federal law supreme, t/f PREEMPTS conflicting state and local laws.

Question 5

Types of preemption

Answer 5

1) Express (congress says it trumps)

2) implied
—-conflict where its impossible to follow both
—–state law impedes federal law (passive agressive)
——field preemption (such extensive fedearl regulation in area, that it impliedly preempts entire field, even if not actually conflicting)

Question 6

Privileges and Immunitites (Article IV)

Answer 6

Prohibits states from discriminating against out-of-state citizens with respect to:
1) important commercial activities AND
2) ability to earn a living

Only applies to US citizens (no corporations)

Not absolute. Can discriminate if state law is necessary to achieve an important purpose and there are no less restrictive alternatives.

Question 7

Privliges and Immunitites (14th Amendment)

Answer 7

States may not deny their citizens the privliges or immunitites of NATIONAL citizenship.

incl. Fundamental right to interstate travel, right to petition the fed gov to access seaports, demand fedearl protection on the high seas

Question 8

Regulation of Interstate commerce

Answer 8

If congress has adopted a law regulating interstate commerce, any conflicting state law is prempted

Question 9

Dormant COmmerce Clause

Answer 9

If congress has not regulated a certain area, states may regulate it, but it can’t unduly burden interstate commerce

Doing so violates dormant commerce clause

Discriminatory state laws are presumptivley invalid.. BUT VALID IF
1) necessary to achieve purpose unrelated to protectionism
2) No non-discriminatory alternatives

Nondiscriminatory state laws are presumptivley valid. BUT invalid if:
1) burden outwights benefit (essentially irrational)

Question 10

Dormant Commerce CLause Exceptions

Answer 10

1) Congressional approval

2) Does not apply when a state acts as a MARKET PARTICIPANT (a buyer or seller of goods or services)
—states can buy or sell local. can give discounts to locals.
—-example: discounted college tuition to in state residents

Question 11

DUrational residency requirements for dispensing benefits

Answer 11

Usually subject to strict scrutiny, and thus invalid b/c it violates equal protection clause of 14th amendment