The Federal System

Question 1

Exclusive State Powers

Answer 1

Unlimited power. All power not prohibited to them by the Constitution.

10th Amendment

Question 2

Supremacy Clause

Answer 2

Fed law is supreme over state law

Question 3

Express Preemption

Answer 3

A federal law may expressly provide that states may not adopt laws concerning the subject matter of the federal legislation.

Express preemption clause will be narrowly construed

Question 4

Implied Preemption

Answer 4

Impliedly preempted if they actually conflict with federal requirements, they prevent achievement of federal objectives, or Congress has preempted the entire field.

Question 5

Is there a presumption for or against preemption?

Answer 5

Against. Clear and manifest purpose of Congress.

Question 6

Interstate Compact Clause

Answer 6

The Constitution provides that states may enter into agreements or compacts with other states upon the consent of Congress. However, not all agreements between states are “compacts” requiring congressional consent. The Compact clause reaches only interstate agreements that increase the political power of the state at the expense of federal supremacy. (e.g. an agreement whereby one state cedes territory to another state)

Question 7

Requirements for full faith and credit?

Answer 7

1. Court had jurisdiction over the parties and the subject matter
2. Judgment was on the merits
3. Final judgment

Question 8

Can the US sue a state without its consent?

Answer 8

Yes

Question 9

When can a state sue the US?

Answer 9

If the US consents or Congress permits it legislatively

Question 10

Spending Power Conditions

Answer 10

Congress may regulate through its spending power and put conditions on loans to states.

1. Conditions clearly stated
2. Relate to the purpose of the program
3. Not unduly coercive

Question 11

Is a state tax levied directly against the property or operation of the federal government without the consent of Congress valid or invalid?

Answer 11

Invalid

Question 12

When are nondiscriminatory, indirect taxes on the federal government or its property permissible?

Answer 12

If they do not unreasonably burden the federal government

Ex: State income taxes on salaries of federal employees are valid. However, a state tax that imposes higher tax on federal employees than on state employees would violate principle of intergovernmental tax immunity, unless Congress had approved this discriminatory tax.

Ex: Private contractors, acting as purchasing agents for the federal government, cannot be compelled to pay state sales or use taxes on materials purchased on behalf of the federal government. However, state sales or use taxes are valid where the contractor is working for the federal government on a “cost-plus” basis. These extra costs are not characterized as direct taxes.

Question 13

Do states have power to regulate the activities of the federal government?

Answer 13

No unless Congress consents to it.

Question 14

Two privileges and immunities clauses?

Answer 14

14th amendment - elaborate on later, rarely applicable

Article IV - more relevant for bar exam

Question 15

Article IV privileges and immunities clause?

Answer 15

“The Citizens of each state shall be entitled to all Privileges and Immunities of citizens in the several states.”

Prohibits discrimination by a state against nonresidents

Question 16

Under Article IV privileges and immunities clause, are corporations and aliens protected?

Answer 16

No

Question 17

What rights are protected under the Article IV privileges and immunities clause?

Answer 17

Fundamental rights

Only applies if the discrimination is intentionally protectionist in nature.

Question 18

When is a state law that discriminates against nonresidents be valid?

Answer 18

When the state has a substantial justification for the different treatment and there is no less restrictive means