Relations Between Federal and State Governments

Question 1

Supremacy Clause:

Answer 1

Constitution and laws/treaties made pursuant to it are supreme.

Express or Implied (either Fed/State law mutually exclusive; State law impedes on Fed objective; or Congress evidences clear intent to preempt).

Tax: can’t pay state tax out of Fed treasury, but can tax private store on Fed land.

Question 2

Dormant Commerce Clause

Answer 2

State or local law is unconstitutional if it places excessive burden on interstate commerce.

Question 3

Privileges and Immunities Clause OF ART IV

Answer 3

State may not deny citizens of other states of the privileges and immunities it accords its own citizens.

Limit – corps and aliens can’t sue under P&I.

Question 4

Individual Liberties:

State Action

Answer 4

Required before Constitutional provisions applied to private entities.

Occurs if excessive state financial entanglement or where entity performs public function.

Entanglement = gov’t authorizes, encourages, or facilitates activity.