Federalism

Question 1

Preemption Rule

Answer 1

The supremacy clause of Article VI provides that the constitution, and laws and treaties made pursuant to it, are the supreme law of the land

Question 2

Express preemption

Answer 2

Federal law that says it is the exclusive law on that subject, pre-empting any state law on the subject

Question 3

Implied preemption

Answer 3

• If federal and state laws are mutually exclusive, federal law preempts state law
• If state law impedes the achievement of a federal objective, federal law preempts state law.
• If Congress evidences a clear intent to preempt state law, federal law preempts state law

Question 4

Federal immunity from taxation

Answer 4

States may not tax or regulate federal government activity

Question 5

the dormant commerce clause

(negative implications of the commerce clause)

rule

Answer 5

A state or local law is unconstitutional if it places an undue burden on interstate commerce.

Question 6

The privileges and immunities clause of Article IV

Rule

Answer 6

No state may deny citizens of other states of the privileges and immunities afforded to its own citizens

Question 7

This is likely the wrong answer unless the question involves the right to travel.

Answer 7

The privileges or immunities clause of the 14th amendment

Question 8

Out-of-Stater Discrimination Chart

Answer 8

Question 9

State Taxation of Interstate Commerce

Answer 9

• States may not use their tax systems to help in-state businesses
• A state may only tax activities if there is a substantial nexus to the state.
• A state may require that out-of-state businesses collect sales taxes, even if they don’t have a physical presence in the state, so long as they have substantial nexus to the state
• State taxation of interstate business must be fairly apportioned.