Federalism

Question 1

What are the three ways in which the Federal Government can exercise its power under the Supremacy Clause?

Answer 1

1. Express Preemption
2. Implied Preemption
3. Inter-governmental immunity

Question 2

How does Congress show express preemption?

Answer 2

Congress claims exclusive power in a particular field

Question 3

How does Congress show implied preemption?

Answer 3

1. Simultaneous compliance with state law is impossible
2. State law impedes the achievement of a federal objective
3. Clear congressional intent

Question 4

How is preemption shown through inter-governmental immunity?

Answer 4

States may not charge a state tax to be paid from the Federal treasury for federal government activity

Question 5

What is the dormant commerce clause?

Answer 5

Even where Congress has not acted, a state law is unconstitutional if it places an undue burden on interstate commerce

Question 6

Are the dormant commerce clause or the Privileges and Immunities clause of Art. IV applicable if a state law does not discriminate against out of staters?

Answer 6

The Privileges and Immunities Clause fo Article IV does not apply.

The dormant commerce clause is violated in the burden on interstate commerce outweighs the benefits of the law.

Question 7

What is protected by the Privileges and Immunities Clause of Article IV?

Answer 7

No state or municipality may deny citizens of other states the privileges and immunities it affords its own citizens without substantial justification.

Question 8

What is protected by the Privileges and Immunities Clause of the Fourteenth Amendment?

Answer 8

A citizen’s right to interstate travel

Question 9

Is the dormant commerce clause applicable if a state law discriminates against out of staters?

Answer 9

The dormant commerce clause is violated unless the law is necessary to achieve an important government purpose and the government must show that no less discriminatory alternative can achieve the goal.

Question 10

When will a state law that discriminates against out-of-staters not violate the dormant commerce clause?

Answer 10

1. When congress approves

2. When the state is a market-participant

Question 11

Is the Privileges and Immunities clause of Art. IV applicable if a state law discriminates against out of staters?

Answer 11

Yes, if the state law discriminates against an out-of-stater’s ability to earn a living unless it is necessary to achieve an important government purpose

Question 12

When may states tax interstate commerce?

Answer 12

Only if there is a substantial nexus between the product or activity to be taxed and the state.

Such taxation must be fairly apportioned

Question 13

May states use their tax systems to help in-state businesses?

Answer 13

No.

Question 14

What are the three requirements for Full Faith and Credit?

Answer 14

1. The rendering court has personal and subject matter jurisdiction
2. The judgment was on the merits
3. The judgment was final