Relationship between Fed and state Gov Flashcards
Supremacy clause
Fed law always wins when there is a federal law and a state law at conflict
What if a state law is more restrictive than a fed law?
This is okay, because the state has a police power under the 10th amendment that allows this. Also known as acting in the general welfare
state law easier than fed law?
Not allowed
Does fed government have a police power?
NO! Cannot act in the general welfare unless they are taxing and spending
Commandeering
Federal government cannot force the state to act. LOOK FOR THE WORD REQUIRE
Dormant commerce clause
- The state is regulating some business
- a state cannot pass a law if it discriminates against to of state businesses
what if state passes a law that discriminates against out of state business on its face?
Must apply strict scrutiny. State must prove it meets a compelling government interest.
What if a state law doesn’t discriminate against out of state biz on its face but has a discriminatory effect?
Law must service an important government interest, and the burden on commerce cannot be excessive
when can a state discriminate against out of state biz?
- When congress allows them to
- When the state is acting as a market participant , which is when the state takes over the biz
- They are allowed to charge more for licenses for out of state workers
Full faith and credit clause?
The judgement on the merits in one state gets full faith and credit in another state
Can state tax fed government or fed government affiliates?
Fed gov is generally immune from state tax. States can tax federal government affiliates (e.g., contractors) unless (1) Congress granted the affiliate immunity, (2) the tax is discriminatory, or (3) the nondiscriminatory tax substantially interferes with the affiliate’s federal purpose or duties.
