Federalism

Question 1

Supremacy Clause of Article VI

Answer 1

Constitution (+laws/treaties made pursuant to it) are supreme.

Question 2

Preemption Doctrine

Answer 2

Can be EXPRESS (federal statute says law is exclusive) or IMPLIED (3 below).

1. Conflict: Federal and state laws are mutually exclusive (if impossible to comply w/ both, state is preempted) Note: states may set law stricter than fed, unless Congress prohibits (think environmental)
2. Impedes: If state law impedes the achievement of a federal objective
3. Field Preemption: Congress evidences a clear intent to preempt state law (such as immigration law)

Question 3

State Powers to Tax Federal Government

Answer 3

State may not tax or regulate federal government activity (inter-gov immunity). “Power to tax = power to destroy”

1. It’s UNconstitutioanl to pay a state tax out of the federal treasury.
2. State can only sue Fed w/ Congress consent.

Question 4

Dormant Commerce Clause

Answer 4

state and local laws are UNconstitutional if they place an undue burden on interstate commerce.

1. CC authorizes Congress to act, and acts as a limit on what states can do. Focus on actor in question.
2. Does not requires discrimination; just requires burden in IC. Corps and aliens can sue.

Question 5

Privileges & Immunities Clause of Art IV

Answer 5

No state may deprive citizens of another states of the P/I it affords its own citizens. Anti-discrimination provision.

1. Requires discrimination against out-stater in regard to civil liberties or important economic activity.
2. No exceptions! Corps and aliens cannot sue under it.

Question 6

Privileges & Immunities Clause of 14th Am

Answer 6

Always wrong answer, unless involves the right to travel.

Question 7

Constitutionality Analysis of State Statute that Does NOT descriminate against out-of-state participants

Answer 7

DCC: If law burdens IC, INVALID if the burdens exceed its benefits. [Balancing test]
i. Ex. Even if law requires all trucks to use mud flaps, it burdened trucks coming in/out w/o benefit.
P/I of Art IV does not apply.

Question 8

Constitutionality Analysis of State Statute that DOES descriminate against out-of-state participants

Answer 8

Must be necessary to achieve an important gov purpose
DCC: if law burdens IC, it violates DCC unless it is necessary to achieve an important gov purpose (non economic), and there are no reasonable alternatives.
EX: (i) Congressional approval, or (ii) Market Participant (state/local gov may prefer its own citizens receiving benefits from gov programs or dealing w/ gov-owned business).
P/I Art IV: If law discriminates against out of staters w/ regard to their ability to earn a livelihood, its INVALID unless it is necessary to achieve an important government propose.
i. Law must discriminate 1) out of staters and 2) in regard to civil liberties or important $ interest.
ii. Discrimination must be necessary to achieve important gov purpose. Ie No less discriminatory alternative can achieve its objective.

Question 9

STATE TAXATION OF INTERSTATE COMMERCE

Answer 9

A. States may not use their tax system to help in-state business (can’t tax out of state dairies higher)
B. A state may only tax activities if there is a substantial nexus to the state
C. State taxation of interstate business must be fairly apportioned
D. Art I, § 10: no state shall, w/o Congress consent, tax imports/exports except as abso necessary for inspection law.

Question 10

FULL FAITH & CREDIT CLAUSE

Answer 10

Courts in one state must give full faith and credit to judgments of courts in another state, so long as: (1) court that rendered judgment had PJx & SMJx; (2) judgment on merits; and was (3) final.