IV. Federalism

Question 1

Preemption

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.

1. **Express preemption - **If a federal statute expressly says that federal law is exclusive in an area, state and local laws are preempted
2. Implied preemption
   
   1. If federal and state laws are mutually exclusive, federal law preempts state law
   2. If state law impedes the achievement of a federal objective, federal law preempts state law
   3. If Congress evidences a clear intent to preempt state law, federal law preempts state law
3. States may not tax or regulate federal government activity

Question 2

The Dormant Commerce Clause and the Privilieges and Immunities Clasuse of Art IV

Answer 2

1. Definitions
2. The dormant commerce clause (Negative implications of the commerce clause): State laws that place an undue burden on interstate commerce are unconstitutional
3. The privileges and immunities clause of Article IV - State laws that deny out-of-staters privileges and immunities accorded to in-staters violate the provision
4. The privileges or immunities clause of the Fourteenth Amendment - It was meant to protect citizens from their own state, but is used only for the right to travel
5. Does the state law discriminate against out-of-staters?
6. Analysis if the law does not discriminate
7. The privileges and immunities clause of Article IV does not apply
8. If the law burdens interstate commerce, it violates the DCC if its burdens exceed its benefits
9. Analysis if the law discriminates against out-of-staters
10. If the law burdens interstate commerce, it violates the DCC unless it is necessary to achieve an important government purpose except:
    
    1. Congressional approval
    2. **market participant **
    3. traditional gov function
11. If the law discriminates against out-of-staters with regard to their ability to earn their livelihood, it violates the privileges and immunities clause of Article IV unless it is necessary to achieve an important government purpose
    
    1. The law must discriminate against out-of-staters.
    2. The discrimination must be with regard to fundamental rights or important economic activities.
    3. Corporations and aliens cannot use the privileges and immunities clause.
    4. The discrimination must be necessary to achieve an important government purpose.

Question 3

Full Faith and Credit

Answer 3

Courts in one state must give full faith and credit to
judgments of courts in another state, so long as:

1. The court that rendered the judgment had jurisdiction over the parties and the subject matter.
2. The judgment was on the merits.
3. The judgment is final.