Limitations on State Power Flashcards
What is federal preemption and what clause is it based on?
Federal preemption is the invalidation of U.S. state law when it conflicts with federal law, based on the Supremacy Clause.
What is express preemption?
Express preemption occurs when Congress explicitly states its intent to displace state regulation in a particular area.
What is implied preemption and what are its two types?
Implied preemption is when Congress’s intent to preempt is not explicit. The two types are conflict preemption and field preemption.
What is conflict preemption?
Conflict preemption occurs when it is impossible to comply with both state and federal law, or when the state law frustrates the purpose of federal law.
What is field preemption?
Field preemption occurs when federal regulation is so pervasive that it occupies the entire field, leaving no room for state regulation.
What is the Dormant Commerce Clause?
The Dormant Commerce Clause is a doctrine that restricts states from passing legislation that improperly burdens or discriminates against interstate commerce, even if Congress hasn’t acted.
What are the two tests under the Dormant Commerce Clause?
(1) Discrimination against interstate commerce (strict scrutiny), and (2) Excessive burden on interstate commerce (Pike balancing test).
What is the rule of discrimination against interstate commerce
A state may not engage in
discrimination against interstate commerce unless necessary to further a legitimate state
interest. (Dean Milk)
when does a state discriminate against interstate commerce?
when the law on its face is discriminatory, or when it is purposely discriminating, and the effects inherently discriminate against interstate commerce
Dean Milk
Madison WI passes an ordinance making it unlawful to sell milk pasteurized over 5 miles outside of Madison. discriminated against commerce of milk outside of 5 miles of Madison. the ordinance interfered with interstate commerce, and does not survive two prong test
What is the Pike Balancing Test?
A test to determine whether a nondiscriminatory state law imposes a burden on interstate commerce that is clearly excessive compared to its local benefits. used in rational basis review
What did the Court decide in SC State Highway Dept. v. Barnwell Bros.?
The law regulating truck size was upheld as a legitimate local safety interest under the Pike test, not excessively burdening interstate commerce, due to the construction of the roads.
What is the Market Participant Exception to the Dormant Commerce Clause (DCC)?
If the government is acting as a market participant (i.e., a business), the DCC does not apply and the state can favor in-state interests.
Give an example of the Market Participant Exception.
A governor selling t-shirts from a state-run booth may favor in-state buyers without violating the DCC.
What was the rule in South Central Timber v. Alaska?
A state may act as a market participant, but it may not impose downstream conditions that amount to regulation.
AL Dept of Natural resources they’d sell timber on the requirement that the buyer had to process wood in an in-state facility. the in-state manufacturing requirement not
only a ffected the raw timber market but also imposed downstream
conditions related to the timber processing market.
What is the Privileges and Immunities Clause of Article IV?
“The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states”—prohibits states from discriminating against citizens of other states regarding fundamental rights.
What types of rights are protected under the Privileges and Immunities Clause?
Fundamental rights and the pursuit of a common calling, such as practicing a profession or earning a livelihood. recreation does not count.
What did the Court hold in Baldwin v. Fish & Game of Montana?
Charging out-of-state residents more for elk hunting licenses did not violate the P/I Clause because hunting is not fundamental to livelihood or national unity.
What was the outcome in New Hampshire v. Piper?
The Court held that NH violated the Privileges and Immunities Clause by denying bar admission to an out-of-state resident—practicing law was deemed a fundamental right.
What are the prongs of Rational Basis Review?
1) Any conceivable legitimate government purpose, and (2) a rational connection between the law and that purpose.
What are the prongs of Intermediate Scrutiny?
(1) An actual and substantial government interest, and (2) a substantial relationship between the law and that interest.
What are the prongs of Strict Scrutiny?
(1) A compelling state interest, and (2) a narrowly tailored law with no less restrictive alternatives.
In which situation is Strict Scrutiny typically applied in Dormant Commerce Clause analysis?
When a state law facially discriminates against interstate commerce.
