Federalism

Question 1

supremacy clause

Answer 1

Art VI porvides that const. and laws and treaties made pursuant to it are supreme law of the land

Question 2

preemption

Answer 2

express - federal law says federal law is exclusive

implied -
1. federal law and state law mutually exclusive - federal law preempts

2. stat law impedes achivvemnt of federal objective - federal law preempts
3. congress evidences a clear intent to preempt state law, federal law preempts

Question 3

dormant commerce clause

Answer 3

stat eor ocal law is unconstitutional if it places an undue burden on interstate commerce.

privileges and immunities clause of ART IV - no state may deny citizens of other states of privileges and immunities that it accods to its own citizens

priv and immuniteis of 14A - must involve right to trael -

Question 4

analysis of discriminatory laws

Answer 4

if the law does not discriminate

1. priv and immunities of Art IV does not apply
2. if law burden interstate commerce, it viooates dormant commercace cluse if bruden > benefits

Question 5

analysis if it discriminates against out of staters

Answer 5

if law burdens interstate commerca, it violkates dormant commercae clause unles sit is NECESSARY to achieve an IMPORTANT governmental interest

exceptiosn

1. congressional approval
2. market participant exception - a state or local govenrment may prefe rits own citizens receiving benefits from govenrment pograms or dealing with government owned businesses (think in state tuition —- must be state owned business)

Question 6

analysis if law discrim against OOS w/ regard to their ability to earn livelihood

Answer 6

it violates privileges and immunities of Art IV unless it is NECESSARY to achieve an IMPORTANT gov purpose

1. law must discrim against OOS
2. discrim must be w/ regard to fundamental rights or important econ activities
3. coporations and aliens cannot use priv and immunities
4. crimn must be NECESSARY to achieve an IMPORTANT gov purpose