Federalism Flashcards
Express preemption
Federal statute expressly provides that the states may not adopt laws concerning the subject matter of the legislation
NARROWLY CONSTRUED BY COURTS
Implied preemption
If state/fed law are mutually exclusive, federal law preempts state law
If state law impedes the achievement of a federal objective, federal law preempts state law
if Congress evidences a clear intent to preempt state law (field preemption), federal law preempts. Can apply even if the state regulation is nonconflicting!!
Inter-governmental immunity
States may not tax or regulate federal government activity (substantial burden enough)
Full Faith & Credit Clause
If Judgment is entitled to full faith and credit, it must be recognized in sister states
Applies if:
(1) the court that rendered the judgment had jurisdiction over the parties and the subject matter
(2) the judgment was on the merits; and
(3) the judgment is final
Suit by US against a State
US may sue a state without its consent
Suit by a State against the US
Public policy forbids this w/o consent. Congress can pass legislation that permits the US to be sued under given statutes though
Suits against Federal officers
Deemed to be brought against the US if the judgment would be satisfied out of a public treasury or interfere with public administration (thus not permitted w/o consent)
Specific relief against an officer will be granted if the officer acted beyond his authority
Suit by One state against another
No permission needed. SCOTUS has exclusive original jurisdiction
Privileges and Immunities
- Prohibits discrimination by a state against NONRESIDENTS when the discrimination concerns FUNDAMENTAL RIGHTS
- Upheld only if the state has a SUBSTANTIAL justification for the different treatment (nonresidents either cause or are part of the problem) and that are no less restrictive means
- corporations and aliens cannot invoke P&I clause (contrast with corporations and aliens protected by Equal Protection and Due Process Clause and DCC)
- analyze with DCC
Fundamental Rights
commercial activities (pursuit of a livelihood) or civil liberties
Privileges Or Immunities Clause of the 14th Amendment
States may not deny their citizens the privileges or immunities of national citizenship (right to vote for FEDERAL officers, right to petition CONGRESS
Dormant Commerce Clause
When Congress has NOT enacted laws regarding the subject (Dormant)
Diff w/ P&I is that the law does not require discrimination against out of staters in order to apply. Law generally must not discriminate against or unduly burden interstate commerce.
If burdens interstate commerce, violates DCC unless it is NECESSARY to achieve an IMPORTANT, NONECONOMIC government purpose. No less-restrictive alternative exists.
-regulations to protect local economic interest are almost ALWAYS invalid
EXCEPTIONS: congressional approval; market participant (buying/selling, hiring labor, giving subsidies)
Exceptions to Dormant Commerce Clause
Congressional Approval
Market Participant exception (purchaser/seller, labor, subsidizer)
Traditional government functions (waste disposal). Courts find this is usually motivated by legitimate objectives rather than by economic protectionism
State Taxation of Interstate Commerce
Congress has complete power to authorize or forbid state taxation that affects interstate commerce.
Discriminatory Taxes
State taxes that discriminate against interstate commerce violate CC
Nondiscriminatory Taxes
Valid if:
(1) the activity taxes must have a SUBSTANTIAL NEXUS to the taxing state
(2) the tax must be FAIRLY APPORTIONED according to a rational formula; and
the tax must be FAIRLY RELATED to the services or benefits provided by the state
Use Taxes
Imposed on goods purchased outside the state but used within it. Valid unless higher than sales tax.
Sales Taxes
Imposed on seller of goods for sales consummated within the state.
Generally do not discriminate against interstate commerce therefore valid. Still must have nexus and be fairly apportioned.
Ad Valorem Taxes (taxes on assessed value of property)
Commodities: valid only if property is no longer in interstate commerce
Instrumentalities: valid if instrumentality has TAXABLE SITUS in state and fairly apportioned
Privilege, License, Franchise tax
“Doing Business” Tax
Must pass general test for taxation. (substantial nexus, fairly apportioned, does not discriminate, relates to services)
