federalism

Question 1

federalism

Answer 1

limits on state and local government power
Preemption
Dormant Commerce Clause and P&I Clause
State taxation of interstate commerce
Full faith and credit

Question 2

federalism - preemption

Answer 2

The Supremacy Clause of Art VI provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.
express and implied preemption

Question 3

federalism - preemption

express preemption

Answer 3

If a federal law explicitly says that federal law is exclusive, then state & local law is preempted.

Question 4

federalism - preemption

implied preemption

Answer 4

Even if a federal law is silent, preemption can be found in 3 ways. Federal law preempts state law IF:

1. federal and state laws are mutually exclusive
2. state law impedes the achievement of a federal objective
3. Congress evidences a clear intent to preempt state law (look to legislative history)

Question 5

federalism - DCC/PI

dormant commerce clause and privilege and immunities clauses

Answer 5

1. DCC
2. P&I from Art IV
3. P&I from 14th AMD (usually a wrong answer)

Question 6

federalism - DCC/PI

DCC

Answer 6

DCC (negative implications of the commerce clause) - state/local law is unconstitutional if it places an undue burden on interstate commerce

Question 7

federalism - DCC/PI

P&I from Art IV

Answer 7

P&I from Art IV - No state may discriminate against out of staters with privileges and immunity afforded to its own citizens.
Applies ONLY when state discriminates against out of staters.

Question 8

federalism - DCC/PI

P&I from 14th AMD

Answer 8

P&I from 14th AMD - Only applies to right to travel

usually a wrong answer

Question 9

federalism - DCC/PI

analysis

Answer 9

1. Does the state law discriminate against out of staters?

Question 10

federalism - DCC/PI

analysis if the law does not discriminate

Answer 10

If the law does not discriminate against out of staters:

1. P&I from Art IV does not apply.
2. If the law burdens interstate commerce, it violates the DCC if its burdens EXCEED its benefits

Question 11

federalism - DCC/PI

analysis if the law does discriminate

Answer 11

If the law does discriminate against out of staters:

1. If the law burdens interstate commerce, it violates the DCC UNLESS it is necessary to achieve an important government purpose
2. If the law discriminates against out of staters with regard to their ability to earn their livelihood, it violates the P&I from Art IV UNLESS it is necessary to achieve an important government purpose

Question 12

federalism - DCC/PI
analysis if the law does discriminate AND
burdens interstate commerce

Answer 12

If the law burdens interstate commerce, it violates the DCC UNLESS it is necessary to achieve an important government purpose
necessary - no less discriminatory alternative could achieve the objective
important government purpose - HEAVY burden
Two exceptions:
1. Congressional approval - once Congress acts, it is no longer dormant
2. Market participation exception. A state or local govt may prefer its own citizens in receiving benefits from government programs or in dealing with government owned businesses (i.e., in-state tuition)

Question 13

federalism - DCC/PI
analysis if the law does discriminate
with regard to their ability to earn their livelihood

Answer 13

If the law discriminates against out of staters with regard to their ability to earn their livelihood, it violates the P&I from Art IV UNLESS it is necessary to achieve an important government purpose.

1. The law must discriminate against out of staters
2. The discrimination must be with regard to fundamental rights or important economic activities
3. Corporations and aliens cannot use the P&I clause
4. The discrimination must be necessary to achieve an important government purpose (no less discriminatory alternative could achieve the objective)

Question 14

federalism - state taxation of interstate commerce

Answer 14

1. States may not use their tax systems to help in-state businesses
2. A state may only tax activities IF there is a substantial nexus to the state
3. State taxation of interstate businesses must be fairly apportioned

Question 15

federalism - full faith and credit

Answer 15

Courts in one state must give full faith and credit to judgments of courts in another state, so long as:

1. The court that rendered the judgment has jdx over the parties (PJ) and the subject matter (SMJ)
2. Judgment was on the merits
3. Judgment was final