Other Federal Concerns

Question 1

T/F: The States have no immunity against condemnation suits by the federal government and its delegates

Case that supports?

Answer 1

True

Penneast Pipeline Co v. New Jersey
The Natural Gas Act (NGA) delegates federal eminent-domain power to private gas companies and the power of the federal government to seize property, private or state owned, is inherent in the ratification of the constitution

Question 2

No State shall enter into any Treaty, Alliance, or Confederation… coin Money… or [make any] Law impairing the Obligation of Contracts

This comes from the?

Answer 2

Contracts Clause
Article I, Section 10, Clause 1

Question 3

In Home Building & Loan v. Blaisdell (1934), at issue was the validity of the Minnesota Mortgage Moratorium Law that was enacted in response to the economic emergency during the great depression.

Blaisdell had defaulted on a loan and Home Building foreclosed. In holding in favor of the Moratorium law, what did the Supreme Court say? (sort of a 2 part “test”for contracts clause violations)

Answer 3

Legislation DOES NOT violate the contracts clause if it is created during an emergency, and is

(1) temporary and
(2) limited to the situation at hand,

Question 4

Name the Case:

The Arkansas state constitution was amended to prohibit candidates from running for office in the US House of Representatives if they had already served 3 terms, and for senate if they had already served 2 terms.

The Supreme Court held that the requirements for membership in the United States Congress are established by the Qualifications Clause of the United States Constitution and may not be amended by individual states.

Answer 4

US Term Limits v. Thornton (1995)

Any such change must made through the amendment procedures set forth in Article V (not through state or congressional legislature)

Question 5

(1) May States sanction faithless electors who vote against the nominee of the political party who won the popular vote?

(2) Name the Case

Answer 5

Yes

Chiafalo v. Washington (2020)

Question 6

Name the following:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding

Answer 6

The Supremacy Clause
Article 6 Clause 2

Question 7

When is a state law is preempted by a federal law?

(Hints)
Geier v. American Honda Motor Company
“Implied preemption test”

American Ins Assoc v. Garamendi

Answer 7

The state law is preempted if it stands as an obstacle to accomplishment and execution of the important means-related federal objectives

State law is preempted by federal law if there is a clear conflict between the state and federal policies