State Powers; Takings

Question 1

Supremacy Clause

Answer 1

If state law conflicts with federal law, the federal law governs.

Question 2

Privileges and Immunities Clause

Answer 2

Prohibits states from discriminating against nonresidents, unless it is necessary to achieve an important government interest.

Question 3

Commandeering

Answer 3

Federal government cannot force state legislatures to pass legislation.

Question 4

Dormant Commerce Clause

Answer 4

A state may not discriminate against out of state commerce or unduly burden interstate commerce.

Question 5

Dormant Commerce Clause

Discrimination

Answer 5

• Must be discriminatory, either on its face or by its impact
• State must show:
  (a) It has an important state interest; and
  (b) There is no other non-discriminatory means available to achieve that interest
• Market Participant Exception: if state is acting as a buyer or seller, it can favor local business

Question 6

Dormant Commerce Clause

Unduly Burdens Interstate Commerce

Answer 6

A court will balance:
* The purpose of the statute;
* The burden on interstate commerce; and
* Whether there are less restrictive alternatives

Question 7

State Action

(private entity)

Answer 7

• Carrying out an act or activity traditionally performed by government; or
• Intwined with state actor

Question 8

Takings Clause

Answer 8

Government may not take private property for public use without just compensation

Question 9

Takings Clause

Exaction

Answer 9

• Local government may compel promises from a developer in exchange for construction permits
• Does NOT constitute a taking if there is:
  (a) An essential nexus between legitimate state interests and the conditions imposed; and
  (b) A rough proportionality between the burden on the owner and the impact on the community

Question 10

Zoning

Answer 10

Must be reasonably related to a legitimate government purpose

Question 11

Variance

Answer 11

Owner must show an undue burden if the variance is not granted