Federalism

Question 1

Express preemption

Answer 1

Federal statute expressly provides that the states may not adopt laws concerning the subject matter of the legislation

NARROWLY CONSTRUED BY COURTS

Question 2

Implied preemption

Answer 2

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!!

Question 3

Inter-governmental immunity

Answer 3

States may not tax or regulate federal government activity (substantial burden enough)

Question 4

Full Faith & Credit Clause

Answer 4

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

Question 5

Suit by US against a State

Answer 5

US may sue a state without its consent

Question 6

Suit by a State against the US

Answer 6

Public policy forbids this w/o consent. Congress can pass legislation that permits the US to be sued under given statutes though

Question 7

Suits against Federal officers

Answer 7

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

Question 8

Suit by One state against another

Answer 8

No permission needed. SCOTUS has exclusive original jurisdiction

Question 9

Privileges and Immunities

Answer 9

• 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

Question 10

Fundamental Rights

Answer 10

commercial activities (pursuit of a livelihood) or civil liberties

Question 11

Privileges Or Immunities Clause of the 14th Amendment

Answer 11

States may not deny their citizens the privileges or immunities of national citizenship (right to vote for FEDERAL officers, right to petition CONGRESS

Question 12

Dormant Commerce Clause

Answer 12

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)

Question 13

Exceptions to Dormant Commerce Clause

Answer 13

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

Question 14

State Taxation of Interstate Commerce

Answer 14

Congress has complete power to authorize or forbid state taxation that affects interstate commerce.

Question 15

Discriminatory Taxes

Answer 15

State taxes that discriminate against interstate commerce violate CC

Question 16

Nondiscriminatory Taxes

Answer 16

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

Question 17

Use Taxes

Answer 17

Imposed on goods purchased outside the state but used within it. Valid unless higher than sales tax.

Question 18

Sales Taxes

Answer 18

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.

Question 19

Ad Valorem Taxes (taxes on assessed value of property)

Answer 19

Commodities: valid only if property is no longer in interstate commerce

Instrumentalities: valid if instrumentality has TAXABLE SITUS in state and fairly apportioned

Question 20

Privilege, License, Franchise tax

Answer 20

“Doing Business” Tax

Must pass general test for taxation. (substantial nexus, fairly apportioned, does not discriminate, relates to services)