State v Fed

Question 1

A) Supremacy Clause

Answer 1

1) A conflict between Fed And sate Law, Fed Law ALWAYS Wins

Question 2

B) 10th Amend.

Answer 2

1) Sate Law can be more restrictive
2) States have POLICE power
(a) Health, safety, and welfare of citizens
3) There is NO Fed Police Power

Question 3

C) Commandeer Rule

Answer 3

1) Fed Gov cannot require a state to do anything

Question 4

D) Dormant Commerce Clause

Answer 4

1) State law regulating business CANNOT discriminate against out-of-state businesses

Question 5

D) Dormant Commerce Clause - 2) Discriminatory On its Face

Answer 5

(a) Strict Scrutiny applies

Question 6

D) Dormant Commerce Clause 3) Discriminatory Effect

Answer 6

(a) Intermediate scrutiny applies
(b) Burden on Commerce should not be excessive

Question 7

Dormant Commerce Clause -0 Exception

Answer 7

(i) Market Participant

Question 8

E) Full Faith and Credit

Answer 8

1) Judgment in one state must give full faith and credit to another

Question 9

F) Immunity

Answer 9

1) Fed. Immunity
2) State Immunity

Question 10

1) Fed. Immunity

Answer 10

(a) States CANNOT Sue Fed. Gov
(b) States CANNOT Tax Fed. Gov.
(c) State can tax fed officials
(d) Individuals cannot sue unless consent is given