Federalism Flashcards
Police powers are reserved to the _______
States. Grants broad authority to enact legislation for the general welfare.
What is the Supremacy Clause?
Holds that if a federal law conflicts with a state law, federal law will prevail. Federal laws can either expressly or impliedly preempt state law. Article VI, paragraph 2
When does federal law expressly preempt state law?
When either: Law is an exclusive power of the federal government; or Regulation in that area has been expressly prohibited by federal government
When does federal law impliedly preempt state law?
Court infers federal intention to preempt if: State law hinders purpose of federal law; State law makes compliance with federal law impossible; or Congress intended for federal government to occupy the entire field
Can states create laws that are more rigorous than those set by the federal government?
Yes, in the absence of preemption, states can create more stringent laws than the federal government
What is the Dormant Commerce Clause?
Since Congress has exclusive power to regulate interstate commerce, states are prohibited from discriminating against or unduly burdening interstate commerce
When does a state regulation violate the Dormant Commerce Clause?
If regulation: Discriminates against out-of-state commerce; Unduly burdens interstate commerce; or Regulates wholly out-of-state activity
When does a regulation discriminate against out-of-state competition?
When it promotes the economic interests of its own residents at the expense of out-of-staters
Under the Dormant Commerce clause, when are regulations that facially discriminate against out-of-state actors valid?
If: Regulation is necessary to achieve important government interest and no reasonable, non-discriminatory alternatives are available; State is a market participant; Regulation involves traditional government function; or Congress has expressly authorized regulation
If a state regulation of interstate commerce is non-discriminatory, it may nonetheless be struck down if:
It unduly burdens interstate commerce
In general, can states tax interstate commerce?
Yes, as long as tax does not discriminate or unduly burden interstate commerce
If you see a question about a possible discriminatory interstate tax, what different provisions of the Constitution could it violate?
Commerce Clause; Privileges and Immunities Clause of Article IV; Equal Protection; and Due Process of the Fourteenth Amendment
What is the 4-part test to decide whether a state tax on interstate commerce is valid?
Tax must satisfy the Complete Auto test: Tax must have substantial nexus to taxing state; Tax must be fairly apportioned; Tax cannot discriminate against interstate commerce; and Tax must be fairly related to the services provided by the state
What are the requirements for a state tax on foreign commerce to be valid?
Tax must: Satisfy the Complete Auto Test; AND refrain from either: Creating a substantial risk of international multiple taxation; or Preventing the federal government from �speaking with one voice� regarding international trade or foreign affairs issues
Can states tax the federal government?
No, unless taxes are incidental and do not burden the federal government
Can the federal government tax the states?
Yes
What are ad valorem taxes?
Taxes based on assessed value of the item. Cannot be imposed on goods in interstate transit; only when goods reach their final destination.
Can states tax �instrumentalities of commerce�? (e.g. trucks, trains, etc)
Yes, as long as: Instrumentality has sufficient contacts with taxing state; and Tax is reasonably proportional to the time instrumentality has spent in the state
What is the Privileges and Immunities Clause under Article IV?
Mandates that states cannot discriminate against the fundamental rights or essential activities of out-of-state residents
What is considered a fundamental right or essential activity in regards to Privileges and Immunities?
Includes: Commercial rights; Right to live; Right to travel; Right to participate in judicial and political process
When is discrimination against out-of-state residents valid under Privileges and Immunities?
If: There is a substantial justification for the discrimination; and No less-discriminatory alternatives are available
Distinguish Privileges and/or Immunities under Article IV vs. the 14th Amendment
Article IV: Prevents states from discriminating against non-residents; 14th Amendment: prevents states from denying citizens the right to interstate travel
Does Privileges and Immunities protect recreational rights?
No, only fundamental rights
Does Privileges and Immunities prohibit the state from discriminating against its own citizens?
No, only out-of-state citizens
If a state is discriminating against an out-of-state corporation, does the Dormant Commerce Clause or Privileges and Immunities apply?
Dormant Commerce Clause. Privileges and Immunities applies to persons, not corporations
What is the Full Faith and Credit Clause (Article IV, Section 1)?
Requires that states respect the judgments of other states as long as they were valid final judgments on the merits
