Federalism Flashcards
Federalism Refers to:
Limits on State/Local Government
Federalism Topics
- Preemption
- The dormant commerce clause and the privileges and immunities clause of Article IV
- State taxation of interstate commerce
- Full faith and credit
Preemption
The Supremacy Clause of Article VI provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.
Federal law thus preempts State law
Types of Preemption
- Express Preemption
- Implied Preemption
- Intergovernment Immunity
Express Preemption
If a federal statute says federal law is exclusive in an area, then State/local law is preempted.
Implied Preemption
- If federal and state laws are mutually exclusive, federal law preempts state law
- Mutally Exclusive:
- Impossible to comply with both fed and state law at same time
- State also may make stricter environmental laws unless congress clearly prohibits it.
- Mutally Exclusive:
- If state law impedes the achievement of a federal objective, federal law preempts state law
- i.e. State making a law deterring people from filing for something under Federal Law
- If Congress evidences a clear intent to preempt state law, federal law preempts state law
- Ex: Immigration Law
- Look to legislatve history
Intergovernmental Immunity
States may not tax or regulate federal government activity
Examples:
- Unconstitutional to pay a State tax out of the Federal Treasury
- Federal Govt never has to comply with State Pollution Control Laws
The dormant commerce clause (Negative implications of the commerce clause)
State/Local laws unconstitutional if they place an undue burden on interstate commerce - inferred by SCOTUS, not express in Constitution.
The privileges and immunities clause of Article IV
No state may deprives citizens of others states of the privilege and immunities it affords its citizens - anti-discrimination provision for out-of Staters
The privileges or immunities clause of the Fourteenth Amendment
Always the wrong answer unless the question involves the right to travel
Where to Begin Analysis for The dormant commerce clause and the privileges and immunities clause of Article IV
Does the state law discriminate against out-of-staters?
Analysis for if the Law Does not Discriminate Against Out of Staters:
- The privileges and immunities clause of Article IV does not apply
- If the law burdens interstate commerce, it violates the dormant commerce clause if its burdens exceed its benefits
Analysis if the law discriminates against out-of-staters
If the law burdens interstate commerce, it violates the dormant commerce clause unless:
- it is necessary to achieve
- an important government purpose
Exceptions for when we will allow a law violates the dormant commerce clause (a law that discriminates against out of states)
- Congressional approval
- The market participant exception.
- A state or local government may prefer its own citizens in receiving benefits from government programs or in dealing with government-owned businesses.
- Examples:
- less tuition for in-staters than out-of-staters for a State university (not private) because State schools are a public benefit payed by residents taxes
- Government businesses can favor in-staters
What’s a violation of the privileges and
immunities clause of Article IV?
If the law discriminates against out-of-staters with regard to their ability to earn their livelihood, it violates the privileges and immunities clause of Article IV unless it is necessary to achieve an important government purpose