The Federal System

Question 1

Preemption: Types

Answer 1

Express preemption, implied preemption (direct conflict of state/fed law), State prevents achievement of Fed objective, and Field preemption (even if the state/local regulation is non-conflicting)

Question 2

Full Faith and Credit Clause

Answer 2

Judgments must be honored by sister states IF the court had jx over the matter, the judgment was on the merits, and the judgment was final.

Question 3

States suing each other, suing the U.S., Suing federal officers.

Answer 3

States can sue states without consent, S.C. has exclusive jx. States CANNOT sue the U.S. without the U.S. consent (congress can make laws allowing it in certain situations), the U.S. can sue states. (Suits against federal officers=suing gov. therefore can’t be done if it would result in $ out of public treasury or interfere with public administration

Question 4

Spending power - putting conditions on grants of money

Answer 4

conditions must be 1) clearly stated 2) not unduly coercive, 3) relate to purpose of the program

Question 5

Privileges and Immunities clause of Article 4:

Answer 5

States cannot create statutes that discriminate against non-residents. Only fundamental rights are protected (commercial activities/civil liberties).
NO LESS RESTRICTIVE MEANS to solve the problem

Question 6

When can state regulate/discriminate against interstate commerce?

Answer 6

ONLY when it is noneconomic important state interest and no reasonable nondiscriminatory alternative available (banning importation of live bait fish b/c of its effect on fish population)
OR when State is a “market participant” can prefer its citizens (buying/selling, hiring labor, giving subsidies)

Question 7

What must occur to bring a constitutional claim?

Answer 7

There MUST BE STATE ACTION or private action using PUBLIC FUNCTION is still STATE ACTION.

Question 8

Taxing activities in the state factors:

Answer 8

1) can’t discriminate against interstate commerce 2) must be fairly apportioned 3) tax must have nexus with activity in the state 4) tax fairly relates to services provided by the taxing state (roads)

Question 9

ad valorem

Answer 9

tax for bringing things into the state. If an item is shipped from one state to another, it can be taxed upon arrival by the state taking it in.

Question 10

Contracts caluse

Answer 10

prohibits states from retroactively/substantially impairing K rights unless gov’t act serves an IMPORTANT and legitimate gov’t interest and is reasonable/narrowly tailored means of promoting interest