State Powers Flashcards
When is a law that differentiates btw out of staters discrim?
A state law discriminates against out-of-state commerce if it protects local economic interests at the expense of out-of-state competitors.
If a state statute, on its face or in practice, is discriminatory, then the statute may be upheld if the state can establish that (i) an important local interest is being served, and (ii) no other nondiscriminatory means are available to achieve that purpose.
A state may behave in a discriminatory fashion if it is acting as a market participant (buyer or seller), as opposed to a market regulator
==> If the state is a market participant, it may favor local commerce or discriminate against non-resident commerce as can any private business.
Supremacy Clause
a state is required to follow federal law when it conflicts with state law.
When a federal statute conflicts with an executive agreement, the federal statute takes precedence over the executive agreement.
A **federal statute and a federal treaty are roughly equivalent. ** When the two conflict, whichever was enacted more recently would govern.
EXCEPTION:
A treaty that is not self-executing is not treated as federal law for purposes of the Supremacy Clause, however, unless it has been implemented through legislation.
The President has extensive powers in foreign affairs, including the power to negotiate and enter into executive agreements with foreign countries. And under the supremacy clause, executive agreements prevail over conflicting state laws.
Article I, Section 10 of the U.S. Constitution ==> contract impairment
Prohibits states from passing any law “impairing the obligation of contracts.”
This prohibition applies only to state legislation that retroactively impairs contractual rights.
Impairment by the state of a public contract (one to which the state or local government is a party) must be reasonable and necessary.
Furthermore, the state must show that its important interest cannot be served by a less-restrictive alternative and that the impairment it seeks is necessary because of unforeseeable circumstances
Article I, § 10 Ex Post Facto
Prohibits state governments from enacting retroactive criminal laws—eg, laws that punish conduct that occurred before the law became effective (thereby criminalizing previously legal conduct).
Including laws that:
-criminalize previously legal conduct
-impose greater punishment than previously prescribed
-eliminate previously available defenses
-decrease prosecution’s previous burden of proof
11A SI
The Eleventh Amendment bars private parties (and foreign governments) from suing a state **in federal court ** without the state’s express consent.
State Power to Tax Property Moving in Interstate Commerce
A state tax on property moving in interstate commerce is valid if
(1) the state has a substantial nexus with the taxed property such that the property has a taxable situs in the state,
(2) the tax is fairly apportioned,
(3) the tax is nondiscriminatory, and (4) the tax is fairly related to benefits or services provided by the state
Test for improper discrim
A discriminatory regulation is invalid unless
(1) it furthers a legitimate, noneconomic state or local interestand
(2) no reasonable, nondiscriminatory alternative exists to promote this interest.
