Powers of the State

Question 1

What does 10th amend provide for?

Answer 1

Powers not delegated to the US by Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

Question 2

Privileges and Immunities of State Citizenship under Art IV

Answer 2

Bars states from discriminating against nonresidents on fundamental matters, unless the regulation in question specifically targets a problem arising out of nonresident behavior

Question 3

Dormant Commerce Clause

Answer 3

If Congress has not enacted legislation in particular area of interstate commerce, states are free to regulate so long as state/local action dn

1. Discriminate against out of state commerce: discriminates if protect local economic interest at the expense of out of state competitors
2. Unduly burden interstate commerce, and
3. Regulate extraterritorial activity

Question 4

What must state show if state law discriminated on its face btw in-state and out-of state economic actors?

Answer 4

1. The regulation serves a compelling state interest; and

2. The regulation is narrowly tailored to serve that interest

Question 5

What must state show if state law merely incidentally burdens interstate commerce?

Answer 5

1. The regulation serves an important state interest; and

2. The burden on interstate commerce is not excessive in relation to the interest served

Question 6

When will the Dormant Commerce Clause not apply?

Answer 6

1. Congress may affirmatively authorize states to regulate in aras that would violate the Dormant Commerce clause
2. Where state acts as Market Participant: buying or selling goods or svcs, it can choose to deal only with in-state persons

Question 7

When can states tax interstate commerce?

Answer 7

Only if:

• Congress has not already acted in the particular area, and
• tax dn discriminate against or unduly burden interstate commerce

Question 8

When is state tax on interstate commerce valid?

Answer 8

1. There is substantial nexus btw activity being taxed and taxing state
   - Substantial nexus rqs significant contacts with or substantial activity within the taxing state
2. There is fair apportionment and relationship
3. It dn discriminate against interstate commerce
4. Tax not preempted by fed law

Question 9

When is federal preemption implied?

Answer 9

Federal preemption is implied when

• Congress intended for fed law to occupy the field
• State law directly conflicts with fed law, or
• State law indirectly conflicts with fed law by creating an obstacle to or frustrating the accomplishment of law’s purpose
• NOTE: even if Congress has spoken on subject, the state still free to impose stricter stds or recognize individual rts that exceed those granted by fed Constitution/statutes