PH719 - Class 3: Federal Powers Flashcards
What does preemption refer to
When federal law supersedes state law
What does Express Preemption refer to
federal statute (law) specifically proclaims that it intends to preempt any state law(s)
What does Implied Preemption refer to
federal statute does not state that it preempts state law, but a Court infers a need for federal law to preempt state law;
Can congress force states to enforce federal laws?
No! Congress cannot make states enforce federal laws
Congress must enforce its own laws with its agencies etc.
Solution that the fed gov has? Give states money through their spending power to work WITH the fed gov towards a common policy goal.
Congress could pass a law prohibiting persons under age 18 from buying e-cigarettes.
True
What is the Commerce Clause
Congress’s most dominant source of direct regulatory authority, through which they can directly regulate matters of public health and safety.
A power provided to congress by the constitution.
Are spending power and taxing power the same enumerated powers
No! They are separate powers. Linked but distinct
What does Cooperative federalism mean
the invitation from gov for states to participate. Fed gov choosing to spend money, but to continue to include states in the implementation. Example: Medicare, SNAP etc.
What does Supremacy clause mean
This means that federal law takes precedence over state law, and judges in every state are bound by the Supremacy Clause.
Federal law, the Constitution, and treaties are the supreme law of the land.
What are the three types of implied preemption
- Conflict preemption: impossibility of complying with both federal and state laws
- Objective/goal preemption: state law impedes federal law’s objective (ex: states that have legalized marajuana are both at conflict and obstacle of that federal law)
- Field preemption: federal legislation is so comprehensive that the Court concludes Congress did not intend to leave any “room” for state legislation in the field, whether or not that legislation presents a conflict or impedes the federal goal
- Field preemptions: (least common of the Implied preemption.
- Example: Immigration. States do not have room to regulate immigrations
What does “Prosecutorial discretion” refer to
Prosecutorial discretion - is the authority of a law enforcement agency or prosecutor to decide how to enforce the law, including whether to enforce it at all.
Context: there will be too many laws to actively enforce, so the person in charge picks and chooses how to deploy resources to enforce a chosen law.
What is Spending power
A power provided to congress by the constitution.
Congress can indirectly regulate (influence state and private policy) through spending powers for the general welfare.
AND the power to attach conditions to that spending
What are the three categories of commerce within the Commerce clause that we got from US v Lopez
Congress can protect Channels, Instrumentalities (persons or things), Activities related to interstate commerce.
How do you know if congress had the power to act
You have to be able to point to one of its sources of power: Commerce, tax, or Spending
