Limits on state regulatory power Flashcards

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1
Q

Where is the doctrine of preemption found?

A

Art VI

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2
Q

Varieties of preemption

A

express and implied

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3
Q

express preemption

A

clause states that state laws are superceded or precluded; clear congressional intent

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4
Q

types of implied preemption

A
  1. field
  2. conflict
    a. impossibility
    b. obstacle
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5
Q

field preemption

A

C has regulated area so much there is no room for the state to supplement or complement law

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6
Q

field preemption aspects

A
  1. clear showing that C meant to occupy entire area

2. presumption against for traditionally local concerns

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7
Q

impossibility preemption

A

impossible to comply w/ both state and fed laws

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8
Q

obstacle preemption/ frustration of purpose

A

C enacted a complete scheme of regulation and the state law interferes

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9
Q

dormant commerce clause

A

forbids state protectionism

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10
Q

3 major federalism doctrines placing structural limits on states

A
  1. doctrine of preemption
  2. dormant commerce clause
  3. privileges and immunities clause of Art IV
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11
Q

Where is the doctrine of preemption found?

A

derives from the Supremacy clause of Art VI, cl 2

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12
Q

What does the dormant commerce clause say?

A

w/o authorization, states can’t regulate in a way that discriminates against or unduly burdens interstate commerce

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13
Q

What is the scope of the DCC?

A

same as commerce clause: channels, instrumentalities, substantial effect

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14
Q

Lopez frameword

A
  1. 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.
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15
Q

rigorous means-end scrutiny

A

ends must be legitimate and only means

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16
Q

When is discrimination permissible under DCC?

A

when the state has no alternative means of protecting a legitimate state interest

17
Q

Pike balancing test

A

determine if the burden on interstate commerce outweighs the benefit to the regulating state

18
Q

What is the level of scrutiny of DCC if the state has a legitimate interest and no alternatives?

A

quite deferential

19
Q

What are the exceptions to the DCC?

A

congressional authorization

market participation doctrine

20
Q

What did Prudential Insurance Co. v. Benjamin show?

A

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

21
Q

market participation doctrine

A

exception to DCC when govt is buyer or seller and at least 1 other party is a private entity/individual

22
Q

To whom does the Privileges and Immunities Clause of Art IV §2 apply?

A

only to states

23
Q

What did Kassel v. Consolidated Freightways show?

A

where state regulation clogs channels of commerce, violates DCC

24
Q

What level of scrutiny is applied to P and I clause?

A

intermediate scrutiny

25
Q

Analysis of P and I clause.

A
  1. Is it a state or local law being challenged ?
  2. Is the P a citizen?
  3. Does the law discriminate on the basis of state residency?
  4. Is the discrimination w/ respect to a protected right?
  5. Is the law “substantially related” to a “substantial” state interest?
  6. Are non-residents a peculiar source of harm against which the law aims to protect?
26
Q

What does the P and I clause do?

A

equality provision that restrains states from favoring their citizens

27
Q

Who is a “citizen” for P and I clause?

A

a natural person/ not corp

born in US or naturalized

28
Q

What rights does P and I clause protect?

A

fundamental rights

those bearing on the vitality of a nation as a single entity

29
Q

examples of rights protected by P and I

A

right to earn a livelihood

right to raise children in manner parents choose

30
Q

doctrinal standard for discrimination to NOT violate P and I clause

A

“substantial state interest” that is “substantially related” to the interest

31
Q

What did the Camden case decide?

A

discrimination impermissible whether by local, municipal, or state govt

32
Q

Are there exceptions to P and I clause?

A

no market participant exception