Federalism

Question 1

Tenth Amendment

Answer 1

Powers that are not granted to the United States in the constitution, and that the states are not expressly prohibited from doing, are reserved to the states or the people.

Question 2

Anti-Comandeering Principle

Answer 2

Congress cannot compel states to enact or administer federal programs. Examples include requiring states to enact environmental regulations, requiring states to conduct background checks on handgun sales, and banning states from legalizing sports gambling.

Question 3

Supremacy Clause

Answer 3

Found in Article VI, it gives federal law the power to preempt inconsistent state or local law.

Question 4

Dormant Commerce Clause

Answer 4

Prohibits state laws that discriminate against or unduly burden interstate commerce. Applies to citizens, aliens, and corporations.

Question 5

Privileges AND Immunities Clause (Aticle IV)

Answer 5

Prohibits state laws that discriminate against out of state US citizens (but not aliens or corporations) in regards to important commercial activities and fundamental rights.

Question 6

Privileges OR Immunities Clause (14A)

Answer 6

Fundamental right to interstate travel including the right to enter/leave a state and the right to equal treatment once you’ve achieved permanent residence of a state. There is no fundamental right to international travel though.

Question 7

What constitutes state action?

Answer 7

State law
State officials acting officially (even if unlawfully)
Private parties performing government functions

State involvement such as state enforcement of a racially restrictive contract, state acting as a landlord, etc.

Not state involvement when state merely licenses or regulations something. Also a private alliance with public (state) members is not state action.

Question 8

Rational Basis Test

Answer 8

The challenger has the burden of showing that there is no rational or legitimate reason for the law or that the way it’s being enforced is not rationally or reasonably related to the goal. The presumption is that the law is valid.

This test is used for non-fundamental rights and non-suspect classifications such as economic rights, education, assisted suicide, etc.

Question 9

Intermediate Scrutiny

Answer 9

The government has the burden of showing that an important or significant state interest exists and that the law or conduct is substantially related and narrowly tailored to fit the goal. There is no presumption as to which side is right.

Intermediate scrutiny is applied to quasi-suspect classes (gender and alien children) and laws burdening important but not constitutional rights.

Question 10

Strict Scrutiny

Answer 10

The government must show there is a compelling state interest and that the law/conduct is narrowly tailored to the least restrictive means of achieving the goal. The presumption is that the law is invalid.

This test is applied to suspect classifications including: race, national origin, religion, and alienage (unless the classification falls within a recognized “political community” exception, in which case only rational basis scrutiny will be applied).

It also applies to classifications burdening fundamental rights including right to vote, interstate migration, access to courts, right to marry. This applies regardless of the class of people being burdened.