Limits on state regulatory power Flashcards
Where is the doctrine of preemption found?
Art VI
Varieties of preemption
express and implied
express preemption
clause states that state laws are superceded or precluded; clear congressional intent
types of implied preemption
- field
- conflict
a. impossibility
b. obstacle
field preemption
C has regulated area so much there is no room for the state to supplement or complement law
field preemption aspects
- clear showing that C meant to occupy entire area
2. presumption against for traditionally local concerns
impossibility preemption
impossible to comply w/ both state and fed laws
obstacle preemption/ frustration of purpose
C enacted a complete scheme of regulation and the state law interferes
dormant commerce clause
forbids state protectionism
3 major federalism doctrines placing structural limits on states
- doctrine of preemption
- dormant commerce clause
- privileges and immunities clause of Art IV
Where is the doctrine of preemption found?
derives from the Supremacy clause of Art VI, cl 2
What does the dormant commerce clause say?
w/o authorization, states can’t regulate in a way that discriminates against or unduly burdens interstate commerce
What is the scope of the DCC?
same as commerce clause: channels, instrumentalities, substantial effect
Lopez frameword
- does the regulate discriminate against interstate commerce
a. yes–rigorous means-end scrutiny
b. no–determine if undue burden on interstate commerce
i. if so, unconst.
rigorous means-end scrutiny
ends must be legitimate and only means
When is discrimination permissible under DCC?
when the state has no alternative means of protecting a legitimate state interest
Pike balancing test
determine if the burden on interstate commerce outweighs the benefit to the regulating state
What is the level of scrutiny of DCC if the state has a legitimate interest and no alternatives?
quite deferential
What are the exceptions to the DCC?
congressional authorization
market participation doctrine
What did Prudential Insurance Co. v. Benjamin show?
DCC is only relevant if C silent. If C says states can regulate an area, then they can do so even if it is discriminatory
market participation doctrine
exception to DCC when govt is buyer or seller and at least 1 other party is a private entity/individual
To whom does the Privileges and Immunities Clause of Art IV §2 apply?
only to states
What did Kassel v. Consolidated Freightways show?
where state regulation clogs channels of commerce, violates DCC
What level of scrutiny is applied to P and I clause?
intermediate scrutiny
Analysis of P and I clause.
- Is it a state or local law being challenged ?
- Is the P a citizen?
- Does the law discriminate on the basis of state residency?
- Is the discrimination w/ respect to a protected right?
- Is the law “substantially related” to a “substantial” state interest?
- Are non-residents a peculiar source of harm against which the law aims to protect?
What does the P and I clause do?
equality provision that restrains states from favoring their citizens
Who is a “citizen” for P and I clause?
a natural person/ not corp
born in US or naturalized
What rights does P and I clause protect?
fundamental rights
those bearing on the vitality of a nation as a single entity
examples of rights protected by P and I
right to earn a livelihood
right to raise children in manner parents choose
doctrinal standard for discrimination to NOT violate P and I clause
“substantial state interest” that is “substantially related” to the interest
What did the Camden case decide?
discrimination impermissible whether by local, municipal, or state govt
Are there exceptions to P and I clause?
no market participant exception
