Federalism Flashcards
Preemption/Supremacy Clause (EIFCE)
While it is possible for states and the federal government to pass legislation on the same subject, the Supremacy Clause provides that the Constitution, and federal laws, are the supreme law of the land and trump all conflicting state and local laws. Here,
Express Preemption
If a federal statute expressly says that federal law is exclusive, then state and local laws are preempted. Here,
Implied Preemption
If Federal and state laws are mutually exclusive (i.e. complying with both is impossible), federal law preempts state law. Here,
Federal Objective
If state law impedes the achievement of a “federal objective,” federal law preempts state law. Here,
Congressional Intent
If Congress evidences a clear intent to preempt state law, federal law preempts state law. Here,
(Ex. Immigration and bankruptcy law; “did congress intend to occupy the filed?”)
Dormant Commerce Clause
The State or local regulations that discriminate against interstate commerce to protect local economic interests are almost always unconstitutional. Discrimination can appear on the face of a regulation, or it can be discriminatory in its impact. Here,
Exclusive Federal Powers
Powers that are exclusively federal because of express or inherent constitutional limitations cannot be exercised by the state. Here,
DCC - Facial Discrimination
If a law discriminates against out of state competition on its face, and is unduly burdensome on ISC, then the law is invalid unless: 1) the state is a market participant, 2) the law furthers an important, noneconomic state interest and there are no reasonable nondiscriminatory alternatives, or 3) the law favors gov. performing traditional gov. functions. Here,
DCC - Non-Facial Discrimination
If the law does NOT facially discriminate against out of state competition, then it only violates the DCC if 1) the law burdens ISC and 2) its burden on ISC exceeds its benefits. Here,
Privileges and Immunities Clause of Art. IV (Always raise with DDC)
No state may deny citizens of other states the privileges and immunities it accords its own citizens. If the state regulation denies the out-of-staters important economic interest or civil liberties, then the law is INVALID, unless state 1) has a substantial justification and 2) there is no less restrictive means. Here,
Contract Clause
The Contract Clause prohibits STATE AND LOCAL GOVERNMENTS from enacting any law that retroactively impairs current contract rights. Here, (Not the Federal Government)
Private Contracts - Intermediate Scrutiny
State laws that substantially impair an existing private contract is invalid unless the law: 1) serves an important and legitimate public interest and 2) is narrowly tailored to promote that interest. Here,
Public Contracts - Strict Scrutiny
Laws that impair a K to which the state is a party will receive strict scrutiny, especially if the legislation reduces the contractual burdens on the state. Here,
Privileges and Immunities Clause of the 14th Amendment
States may not deny their citizens the privileges or immunities of national citizenship (i.e. the right to interstate travel). Corporations are NOT protected by this clause. Here,
Full Faith and Credit
A judgment from one state court is entitled to full faith and credit in other state courts. This clause applies only if 1) the court that rendered the judgment had jurisdiction over the parties, 2) the judgment was on the merits, and 3) the judgment was final. here,
