Federalism

Question 1

Full Faith and Credit Clause

Answer 1

Requires final judgment on merits by court and personal and subject matter jurisdiction before judgment enforced in other state, etc.

Question 2

Supremacy Clause

Answer 2

Makes U.S. Constitutional, federal statutes, and treaties the supreme law of the land

Question 3

Preemption

Answer 3

A state law is preempted if there is: (1) an express statement of congress preempting state legislation; (2) the state law prevents or frustrates an achievement of federal objective; or (3) the state law conflicts with a valid federal law

Question 4

Intergovernmental Immunity

Answer 4

State v. U.S. - must have U.S. consent

U.S. v. State - no consent required

State v. State - no consent and original jurisdiction in supreme court

Question 5

Interstate Compact Clause

Answer 5

Contracts between states must have congressional approval

Question 6

Federal Taxation or Regulation of States

Answer 6

Congress can tax or regulate states if law applies to both public and private sectors; BUT the government cannot commandeer state officers to enforce federal laws, and congress may indirectly regulate states by spending power conditions and may restrict state activities that violate civil liberties

Question 7

State Taxation or Regulation of Federal Government

Answer 7

(1) no direct taxes without congressional consent; (2) indirect taxes if non-discriminatory and no unreasonable burden; and (3) no state regulation of federal government or officers while performing federal functions

Question 8

State Regulation of Interstate Commerce (DCC)

Answer 8

There are limits on intentional discrimination against out of state interests if it furthers an important non-economic state interest with no reasonable nondiscriminatory alternatives, the state is acting as a market participant, or where there is congressional permission (balance burden on interstate commerce with benefit to legitimate local interest)

Question 9

State Taxation of Interstate Commerce (DCC)

Answer 9

There can be no discriminatory taxes against out-of-state interests unless there is Congressional authorization; non-discriminatory taxes are permissible if there is a substantial nexus to taxing state, it is fairly apportioned to the activity, and there is a fair relationship to service or state benefits provided