Federalism

Question 1

Supremacy Clause

Answer 1

Fed laws trump conflicting state and local laws

Question 2

Express preemption

Answer 2

If a fed law provides that it is the exclusive authority in a given area, it preempts state and local laws in that area
-However, preemption provisions are narrowly construed

Question 3

Implied preemption

Answer 3

If a fed law is silent on preemption, it implicitly preempts state law in 3 situations:
1) Mutual exclusivity: fed and state laws are mutually exclusive (i.e. complying with both is impossible)
-States can set stricter requirements if compliance with both fed and state laws is possible
2) State law impedes a fed objective
3) Congress evidences a clear intent to legislate exclusively and/or preempt state law
-E.g. immigration and bankruptcy law
-If a state law doesn’t run afoul of any of the above 3 situations, it is likely valid under the Supremacy Clause

Question 4

State constitutions

Answer 4

May provide broader rights/protections than fed Const. but may not provide lesser protections that conflict with scope of fed Const. rights/protections

Question 5

Dormant Commerce Clause 2

Answer 5

Congress has broad commerce power; where Congress has not acted, state and local laws may regulate local aspects of interstate commerce if the regulation is neither discriminatory nor unduly burdensome

Question 6

DCC-Test

Answer 6

A state/local law regulating interstate commerce is invalid if it:
a) Discriminates against out of state competition
b) Unduly burdens interstate commerce, or
c) Regulates wholly out of state activity

Question 7

DCC-Examples

Answer 7

The following violate the DCC
-Regulations protecting local businesses or requiring local operations
-Regulations limiting access to in state products

Question 8

DCC-Exceptions

Answer 8

State law burdening interestate commerce is valid if either:
a) It is necessary to an important state interest: i.e. furthers an important, non economic state interest and no reasonable alternatives are available
b) State is market participant: state can favor its own citizens in buying or selling products, hiring labor, giving subsidies, etc.
-E.g. tuition discounts at state universities to in state residents
c) Traditional govt. function: state can discriminate against non-residents if law involves performance of traditional govt. functions
d) Congress approves: state can burden interstate commerce where Congress has unmistakenly granted permission

Question 9

Article IV Privileges and Immunities Clause

Answer 9

States may not discriminate against non-state residents
* Arises if a state law is intentionally protectionist and concerns rights relating to important commercial activities
-i.e. look for situations where a state intentionally protects its citizens by discriminating against non state residents
* Note: only protects citizens; corporations and aliens are not citizens for purposes of this clause
* Primarily applies to restrictions on rights to interstate travel; narrowly construed and unlikely to be a correct answer choice

Question 10

Article IV Privileges and Immunities Clause-Analysis

Answer 10

Discriminatory state law will be invalid if it:
1) Relates to civil liberties or commercial activities; and
2) Is not necessary to achieve an important govt. interest
-i.e. state law is intentionally protectionist in nature, there is no substantial justification for the discrimination, or less restrictive means are available

Question 11

Article IV Privileges and Immunities Clause-Examples

Answer 11

• Valid: law requiring higher fees for non state residents at public golf courses; higher fees for hunting licenses for non state residents, etc.
• Invalid: income tax on non residents only; limiting bar admission to state residents; different fees for commerical fishing licenses

Question 12

State taxation of interstate commerce

Answer 12

State taxes must have a substantial connection to the state and may not tax in a way that discriminates against interstate commerce
-A state may not use its tax systems to help in state businesses or discriminate against interstate commerce

Question 13

State taxation of interstate commerce-Analysis

Answer 13

Does the tax discriminate against interstate commerce?
* Yes: invalid; violates DCC
* No: does the burden placed on interstate commerce outweigh its benefits to the state?
-3 Requirements:
1) Substantial nexus: tax must have a substantial nexus to the taxing state (i.e. item taxed is based on significant in state activity)
2) Fair apportionment: tax must be fairly apportioned (i.e. state can only tax the portion of the activity connected to the state)
3) Fair relationship: tax must be fairly related to services or benefits provided by the state (i.e. must be fairly related to some govt service or benefit)

Question 14

Intergovernmental immunity

Answer 14

States may not directly tax or regulate fed govt property or activities without consent of Congress
-Exceptions: indirect, non discriminatory taxes are valid if they do not unreasonably burden fed govt (e.g. state income tax on fed employee working in the state is OK because not a direct tax on fed govt.)

Question 15

Full faith and credit clause

Answer 15

Certain state court judgments must be recognized and enforced in other states as a matter of right
-E.g. a party who loses case in NY generally can’t relitigate case in NJ because NJ courts are bound by NY ruling

Question 16

Full faith and credit clause-Requirements

Answer 16

1) Court that rendered judgment had jurisdiction over the parties and subject matter
2) Judgment was on the merits (i.e. judgment must involve the substance of the plaintiff’s claim); and
3) Judgment was final