State's Interference w/ Federal System

Question 1

Taxation

Answer 1

States cannot place a significant burden on federal activity.

• No payment of state/local tax out of federal treasury (can tax privately owned stores on federal land but not federally-owned stores on federal land)

*Non-discriminatory, indirect taxes are permissible if they do not unreasonably burden the federal government. [state tax on a federal worker’s wages ok]

Question 2

Article IV Interstate Privileges and Immunities Clause

Answer 2

Prohibits discrimination against out of staters/ non residents re:
(1) economic activities, or
(2) constitutionally protected rights

Strict Scrutiny test of substantial justification, Law upheld if: (1) necessary to an important government purpose, there are no less restrive means.

Cant challenge the law if either: (1) no discrimination against out-of-staters, OR (2) corporation or aliens [so discuss DCC]

DCC and Article IV Priv and Immunities reinforce eachother so discuss both

** if everyone is being treated the same = doesnt apply

Question 3

14th A Priv OR Immunities Clause

Answer 3

Discrimination against new in-state residents, states cant deny their own citizens privileges and immunities of national citizenship [protects right to travel]

corps and aliens cannot sue.

always wrong answer on MBE unless Q talks about “right to travel”

Question 4

Dormant / Negative Commerce Clause

Answer 4

If congress has not enacted laws on a subject, a state can regulate local IC if the law meets both tests:
(a) the law doesn’t directly (facially) discriminate against out of staters to protect local economic interests (must go to intent), UNLESS:

(1) necessary to achieve important state interest (like traffic, pollution), AND no reasonable, less, discriminatory alternative.
(2) State is a market participant, OR (3) congress approves

AND

(b) the law doesnt place an undue burden on interstate commerce [balancing test: benefit to local interests v. the burden on IC. Undue burden OK if (1) necessary to achieve important state interest OR (2) state is market participant

Question 5

Full faith and Credit Clause

Answer 5

Courts in one state must give full faith and credit to judgments of courts in other states, so long as:
(a) the court has rendered the judgment had jx over the parties and subject matter
(b) the judgment was on the merits, and
(c) the judgment is final.

Question 6

Supremacy Clause of Article 6

Answer 6

Order of law:
(1) Constitution, (2) Treaties / Federal Statutes (last in time controls), (3) Executive Agreements, and (4) State Law

Supersession –> Federal Law trumps state law on the same point

Preemption: Express and Implied
Express = If statute says that federal law wholly occupies a field

Implied = Federal and state law mutually exclusive (if cant comply w/ both, federal prevails)

STATES CAN SET STRICTER ENVIRONMENTAL STANDARDS STRICTER THAN FED LAW UNLESS CONGRESS CLEARLY PROHIBITS THIS.

Question 7

Factors showing Congress Intent to occupy field

Answer 7

Federal law preempts state law: “CASMU.”

(1) COMPREHENSIVE Federal Scheme
(2) Creation of federal AGENCY to administer laws
(3) historically federally regulated SUBJECT MATTER
(4) need for UNIFORM national regulation

Question 8

Commandeering

Answer 8

Fed government cant commandeer state officials, but can condition grant of federal funds even where no enumerated power to legislate in that area