Federalism

Question 1

Supremacy Clause

Answer 1

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

Question 2

Express v. implied preemption

Answer 2

Express: Statute says the federal law is exclusive
Implied: If federal and state laws are mutually exclusive, federal law preempts state law; if state law impedes achievement of a federal objective, federal law preempts; if Congress evidences an intent to occupy the entire field, federal law preempts

Question 3

Inter-governmental immunity

Answer 3

States may not tax or regulate federal government activity unless it is indirect, nondiscriminatory, and not unreasonably burdensome

Question 4

P&I Clause of Art. IV

Answer 4

No sate can deny OOSers (non-residents) from P&Is (i.e., FRs–commercial activity that affects OOSers’ ability to earn livelihood); applies when state discriminates against OOS person (NONRESIDENT; does not apply to corporations and aliens
Scrutiny: Necessary to achieve an imp’t / substantial int

Question 5

P&I Clause of 14A

Answer 5

Right to travel is the only time this comes into play; probably a wrong answer

Question 6

Dormant Commerce Clause (DCC)

Answer 6

State / local laws cannot unduly burden IC; we DGAF about discrimination against OOS here!!!; corporations and aliens can sue under it
Scrutiny: Necessary to achieve an imp’t int (basically no alternatives - Maine v. Taylor)

Question 7

DCC Exceptions

Answer 7

Market participant: State or local gov may prefer its own citizens in receiving benefits from gov programs or in dealing with gov-owned businesses
Congressional approval

Question 8

Analysis of DCC / P&I Art. IV

Answer 8

1. If law does not discriminate against OOSers, only DCC applies, and DCC applies ONLY if gov is burdening IC. In that case, balance the benefit to the state against the burden on IC (if benefit > burden, law is upheld).
2. If law discriminates against OOSers, it violates the P&I clause if it discriminates against nonresidents w/regard to imp’t commercial activities unless scrutiny is satisfied.
   If law discriminates against OOSers, it violates the DCC if it places a burden on IC unless scrutiny is met or an exception applies

Question 9

Upshot: DCC Test

Answer 9

If Cong has not enacted laws regarding the subject, a state or local government may regulate aspects of IC if the regulation doesn’t discriminate against OOS competition to benefit local economic interests and is not unduly burdensome (i.e., the incidental burden on IC doesnt outweigh the legitimate local benefits produced by the regulation).

Question 10

Examples of Invalid Discriminatory Regulations

Answer 10

(1) regulations protecting local businesses; (2) regulations requiring local operations (home state processing requirements); (3) regulations limiting access to in-state prods; (4) regulations prohiibiting OOS wastes

Question 11

21A

Answer 11

Gave state gov’s wide latitude over the importation of liquor and the conditions under which liquor is sold or used within the state; no local favortism allowed though

Question 12

State Taxation on IC

Answer 12

States cannot use tax systems to help in-state businesses; if tax is nondiscriminatory but appears to burden IC, ask whether burden outweighs. Must be a substantial nexus between the taxpayer and the state, must be fairly apportioned, and must be a fair relationship between the tax and the services / benefits provided by the state