Limitations on State Power Flashcards
Supremacy Clause
Constitution is supreme law of land. Any state law that directly conflicts with federal law, impedes the objectives of federal law, or regulates an area traditionally occupied by Congress, will be preempted by federal law.
Express Preemption
If a federal statute says that a federal law is exclusive in a field, then state and local laws are preempted
Implied Preemption
If federal and state laws are mutually exclusive, federal law preempts state law. If state law impedes the achievement of a federal objective, federal law preempts state law. If Congress evidences a clear intent to preempt state law, federal law preempts state law (field preemption)
Dormant Commerce Clause
Restricts the states and local governments from regulating activity that affects interstate commerce if the regulation is (1) discriminatory or (2) unduly burdensome. Discriminatory: a regulation that is facially discriminatory against out-of-towners (protectionist to local interests) will only be permitted if it is necessary to achieve an important noneconomic governmental interest such that there are no reasonable nondiscriminatory alternatives. Undue Burden: A regulation that unduly burdens interstate commerce will be permitted if it is rationally related to a legitimate government interest, and the burden imposed on interstate commerce must be outweighed by the benefits to the state. This is essentially a rational basis test plus balancing
Dormant Commerce Clause Exceptions
Market Participant: When the state is not acting as a regulator, but rather owns or operates a business, it may favor local interests over nonlocal interests. Congressional consent to the regulation
Privileges & Immunities Clause of Article IV
Prevents a state or city from discriminating against noncitizens regarding the privileges and immunities given to its own citizens. Corporations and aliens are not considered citizens for this rule. Rigorous scrutiny test: Discrimination against noncitizens will only be allowed if the noncitizens are a peculiar source of evil and the discrimination is substantially related to this evil and there are no less discriminatory alternative means available
Privileges or Immunities Clause of 14th Amendment
No state can deprive any citizen of the privileges or immunities of US citizenship
Contracts Clause
Prevents state governments from passing laws that retroactively and substantially impair existing contracts. State or local interference with private contracts must meet intermediate scrutiny. State or local interference with government/public contracts must meet strict scrutiny
Ex Post Facto Law
A law that criminally punishes conduct that was lawful when it was done or that increases punishment for a crime after it was committed
Bill of Attainder
A law that directs the punishment of a specific person or persons without a trial
Full Faith & Credit Clause
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
