Federalism

Question 1

____ provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.

Answer 1

The Supremacy Clause of Article VI

Question 2

If there is a conflict in state law and Federal law who wins?

What is this called?

Answer 2

Federal Law. Because of the powers of the Constitution Supremacy Clause

Preemption

Question 3

Different Ways Preemption can be seen

Answer 3

1. ) Express Preemption- When a federal law expressely states that federal law is exclusve in a field and state law cant touch that subject matter
2. ) Impled Preemption

• If federal and state law conflict, federal law preempts state law(if you cant comply with both then you comly with the federal.
  
  • States may have envronmental law more sticter than federal law unless Congress strictly prohibits this aka State can make stricter regulations )
• If state law impedes the achievement of a federal objective, federal law preempts state law (Example: Florida punishing people for filing claim with federal entity. Not allowed)
• If Congress evidence a clear intent to preempt state law, federal law preempts state law (Example: Federal Immigration Law)
  3. ) States may not tax or regulate federal governmet activity (2:00) (Example: Fed Government doesn’t have to comply w/ state law if the state law is putting a signifcant burden on the Federal Govrernment (Intergovernmental immunity)

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Question 4

Regulation of Commere By Congress

The Dormant Commerce Clause: Definition

On the exam what is another name that the Dormant Commerce Clause will be referred to?

Answer 4

A state may use laws to regulate local interstate commerce but the state or local law will be found to be unconstitutional if its found to place an undue/excessive burden on interstate commerce

(the negative implications of the Commerce Clause

Question 5

When will a state regulation be allowed to cause an under burden on interstate commerce/ violate the Dormant Commerce Clause?

Answer 5

The regulation may be valid if it:

1. ) protects an important noneconomic state interest
2. ) There are no reasonable nondiscriminatory alternatives

Question 6

The prvileges and immunities clause Definition

This is under which provision?

Are corporations and aliens protected under this clause?

Answer 6

No state may deprive the citizens of another states of the privileges and immunities afforded to its own citizens. (is an anti discrimination provision) Cant discriminate against non residents.

Article IV

NO. THey are protected under the equal protection clause, the dormnant commerce clause

Question 7

The priviles and immunities clause of the___ Amendment. Definition

Answer 7

14th

prohibits states from denying national citizenship to its own citizens

Applies to when states discriminate against their own resident. (i.e. discriminating against the new resident who just moved in vs. old resident)

(Is always a wrong answer unless the question involves the “right to travel”)

Question 8

The question to ask whenever you get a question dealing with the Dormant Commerce Clause or the privileges and immunities clause?

Answer 8

Does the law discriminate against out of staters?

Question 9

1. ) If the state or local law does not discriminate will the privileges and immunities act be applied?
2. ) Same question for the Dormant Commerce Clause.

Answer 9

1. ) No.
2. ) If it isn’t discriminatory, look to see if the law places a burden placed on interstate commerce. If the burden exceeds the benefits
   (i. e. truck flaps case. wasnt discriminatory because it applied to all the trucks but the burden on interstate commerce was too much.

Question 10

How to determine if a state or local law discriminates against out of staters.

Question 11

Analysis: If the state law is discriminatory against out of staters and it burdens interstate commerce how will the Doramant Commerce Clause have an effect?

Exceptions:

Answer 11

The state law will violate the Dormant Commerce Clause unless it is necessary (no alternative) to achieve an important government purpose. (rarely will happen )

Exceptions:

1. ) If the state has a important noneconomic interest that needs to be protected and there is no non discriminatory alternative
2. ) The market participation exception. A state or local gov. may prefer its own citizens in receiving benefits from government programs or in dealing with gov.-owned business.

(Ex: Giving low in-state income to outside residents. School is gov. owned business. WOuld be different if it was a private college. So gov owned business could do the same)

Congressional approval. (If Congress approves the state or local law.)

Question 12

Analysis of the Priveleges and immunities clause

If the law discriminates against out-of staters with regard to their ability to earn their livilihood (a fundamental right), it violates the privileges and immunities clause of Artivle IV unless _____.

2.) Who can’t invoke this privilege?

Answer 12

The discimination is necessary to achieve an important govenmental purpose (show there is no less discriminatory alternative that can achieve its objective) Pg. 16

Ex: Saying out of staters must pay $2500 to get shrimp license vs in-staters who only need $25.

**Make sure the right being prohibited is a fundamental right or deals with earning a livihood.

2.) Aliens and corporations cannot invoke the privilege!! (use only the dormant clause if the challenger is a corporation)

Question 13

Rules to remember about State Taxation of interstate commerce

1. ) How can a state discriminatorily tax other businesses in a way that violates the Dormant Commerce Clause?
2. ) When may a state tax activites?

Answer 13

1. ) States may not use their tax systems to help in-state businesses (at the expense of out of state businesses) (Ex:Giving tax credit to those who purchase goods in state as opposed to not giving the tax credit to those who purchased out of state)
2. ) A state may only tax activities if there is a:

• substantial nexus to the state (i.e. Cali cant tax a business in NY)
• the tax is _fairly apportioned(_EX: taxing a business for the amount of money earned in the state. Must be apportioned)
• There is a fair relationship between the tax and the state service provided

Question 14

What is the Full Faith and Credit?

Elements Needed to Enforce It:

Answer 14

A judgment from one state must be given credit and enforced so long as these elements are met.

1. ) The court that gave judgement had jurisdiction over the parties and the subject matter
2. ) the judgment was on the merits
3. ) The judgment is final