Federalism

Question 1

Preemption

Answer 1

Supremacy Clause - federal law is supreme law of land.

• Express preemption - in the statute
• Implied Preemption: conflict preemption (state law is preempted if cannot comply with minimum federal standard). PURPOSE - state law preempted if it impedes a federal purpose. (Field Preemption)

Question 2

Dormant Commerce Clause

Answer 2

• State or local laws that discriminate against out of staters or unduly burden interstate commerce are unconstitutional unless it serves an important goverment purpose and there are no reasonable nondiscriminatory alternatives.
• Mudflaps case where trucks could not drive on Illinois road without certain mudflaps.

Question 3

Privileges and Immunities Clause of Article IV

Answer 3

-No state or local law may deny citizens of other states the same privileges it affords its own citizens unless it is necessary to achieve an important gov’t purpose.
-Must show no less discriminatory alternative to achieve goal
(Police officers being in-state citizens is necessary to achieve purpose).

-If law discriminates against out-of-staters with regard to earn a living - violates the P&I clause

*****Corporations and aliens cannot use or invoke the P&I Clause

Question 4

Privileges and Immunities Clause of 14th Amendment

Answer 4

• States cannot infringe on the right to travel from one state to another. (cannot discourage other citizens from moving to your state with taxes)
• THIS AS AN ANSWER CHOICE IS ALWAYS GOING TO BE WRONG ON THE MBE

Question 5

Two Exceptions to Article IV and DCC

Answer 5

1. Congress approves the discrimination
2. Market Participant Exception - a state or local gov’t may prefer its own citizens in receivng benefits from gov’t programs or dleaing with gov’t owned busines. Think in-state tuition.

Question 6

10th Amendment Limit on Requiring State Action

Answer 6

• Congress cannot compel state regulatory or legislative action.
• BUT Congress can induce state government action by putting strings on grants, so long the conditions are expressly states
• Congress may also prohibit harmful comercial activity by state governments

Question 7

Inter-governmental immunity

Answer 7

States may not charge state tax to be paid out of the Federal Treasury

Question 8

State Taxation of Interstate Commerce

Answer 8

• Only tax if there is a substantial nexus between the product or activity being taxed and the state
• Tax of interstate biz must be fairly apportioned

Question 9

Full Faith and Credit

Answer 9

State courts in differing states must give full faith and credit as long as:

1. Court rendering verdict had personal and subject matter jurisdiction
2. Judgment was on the merits
3. Judgment was final