Federalism and Limits on State Power Flashcards
Pre-emption (Defined)
Supremacy clause allowing for federal law to be superior over conflicting state laws
Dormant Commerce Clause: Defined
state laws are unconstitutional–even if Congress has not acted–when they have an undue burden on interstate commerce
Dormant Commerce Clause: Exceptions
(1) Congress approves the state law
(2) Market participation
(3) Congress has entered the field (no longer dormant)
Privileges and Immunities Clause
Prevents states from discrimination against out-of-state persons regarding constitutional rights and important economic activities
Explicit Pre-Emption
Example: expressly stated within the statute
See Lorillard Tobacco Co. v. Reilly: even when working towards the same goal, Federal legislation that explicitly limits regulation to the Federal Government may pre-empt state laws.
Implicit Forms of Preemption
(1) Field Preemption
(2) Conflict Preemption (two types)
Field Preemption
The scheme of federal regulation is “so pervasive” as to make it reasonable that Congress left no room for States to supplement it
Conflict Preemption
(1) Compliance with both state and federal regulations is a physical impossibility
(2) Where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress
Standards of Review
Non-Discriminatory Law: intermediate scrutiny (narrowly tailored to advance the state interest)
Discriminatory Law: strict scrutiny (no available, less-invasive, reasonable alternative to pursue the interest)
State Action Requirement
In order to apply the Constitution (per due process of the 14th Amendment), there is a general rule of application only to state actors versus private parties
State Action Exceptions
Public Functions Exception: when a private party engages in conduct that is traditionally and exclusively carried out by the government
Entanglement Exception: when the government has authorized, facilitated or encouraged the private, unconstitutional conduct
