Federalism: State and Federal Power Flashcards
Exclusive Federal Power
Power of the States Expressly Limited: Constitution limits or prohibits state exercise of such power (treaty, coinage)
Inherent Federal Power: Power itself is such that only the feds can exercise it (war, federal citizenship)
Exclusive State Powers
Powers not delegated to the federal government are reserved to the states.
Federal power is given expansive interpretation. Thus very little state power is exclusive.
Supremacy Clause
Supremacy Clause: Federal laws may supersede or preempt local and state laws.
Conflict: If a state and federal law conflict, the state law will be invalidated.
State prevents achievement of federal objective: If a state law prevents the achievement of a federal objective, the state law will be invalidated, regardless of the laws purpose.
Preemption: A state law will be invalidated if the federal have expressly or impliedly occupied the legislative field, even if there is no conflict b/w the state and federal laws.
- Express Preemption: will be narrowly construed
- Implied Preemption: In fields traditionally occupied by the states (health, safety, welfare), there is a presumption of not preemption, absent clear and manifest purpose of Congress.
Interstate Compact Clause
If an agreement between states increases state power, at the expense of federal power, the agreement will be invalid.
Full Faith and Credit
A state must give full faith and credit to a judgment from another state so long as:
1) The court had jurisdiction over the parties;
2) The judgment was on the merits; and
3) The judgment was final
Intersovereign Litigation
US v. State: Fine
State v. US: Only if Congress consents
Federal Officer as D: deemed to be suit against US if damages would come from treasury or would interfere with public administration (not permitted)
–> Relief is granted if officer is acting ultra vires (beyond authority)
State v. State: Fine, SCOTUS has exclusive jurisdiction
Federal Taxation and Regulation of State and Local Govts
If tax applies to states and private entities alike: VALID (eg, minimum wage)
Applying only to states: May be limited by 10th Amendment (eg, feds can’t require states to regulate/take title to radioactive waste- RARE)
Exceptions:
- Civil Rights: feds may restrict state activities involving civil liberties
- Strings Attached: Feds may impose conditions on expenditures given to states (indirect regulation)
Dual sovereignty: Cannot require state officials to enforce fed laws
State taxation and regulation of federal govt
States may not directly tax feds without consent of Congress. May not regulate fed official while performing functions
Exception: Nondiscriminatory Indirect taxes (see state income tax on fed employees)
Dormant Commerce- WITH Congressional Regulation
If a state regulates interstate commerce, AND Congress is doing the same:
- conflicting state laws are SUPERSEDED or may be PREEMPTED, or
- Congress may PERMIT or PROHIBIT state regulation that would otherwise violate or be upheld under the C.C., respectively.
DISCRIMINATORY State Regulation of Int. Commerce (No Congressional Action)
General Rule: If the discrimination burdens interstate commerce and there is no federal legislation, the action is INVALID, unless:
Exceptions:
1. it furthers AN IMPORTANT, non-economic, state interest, and there are NO REASONABLE NONDISCRIMINATORY ALTERNATIVES.
- The is state is a market participant (selling, buying, hiring labor, giving subsidies).
- It involves gov’t action regarding the performance of a traditional gov’t function (e.g., waste disposal)
* aliens and corps can be Ps
NONDISCRIMINATORY State Regulation of Int. Commerce (No Congressional Action)
If a state’s nondiscriminatory economic regulation BURDENS interstate commerce, it is invalid UNLESS the state’s interest in the regulation OUTWEIGHS the burden. (balancing test)
*aliens and corps can be Ps
State Regulation of Interstate Commerce- Analysis
- Look for: (a) federal legislation that might supersede or preempt field or (b) authorize or prohibit the conduct.
- If neither applies, is the law discriminatory? If so, invalid unless:
(a) important state noneconomic state interest and no reasonable nondiscriminatory alternative,
(b) market participant
(c) Also apply Art IV P and I - If not discriminatory, substantial burden on I.C.?
(a) Apply balancing test
State Control of Liquor- XXI Amend
States can regulate liquor, so long as the regulating is not purely furthering an economic preference.
State Taxation of Interstate Commerce- Discriminatory
Unless authorized by Congress, state taxes discriminating against I.C. violate the commerce clause.
State Taxation of Interstate Commerce- NONDiscriminatory
Nondiscriminatory state taxes of I.C. will be valid only if it does not unduly burden:
Factors must be met:
(a) substantial nexus between state and activity; AND
(b) Tax is Fairly Apportioned; AND
(c) Tax has a Fair Relationship with services or benefits from the state
