The Federal System Flashcards
Preemption
The supremacy clause of Art 6 provides constitution, and law treaties made pursuant to it, are the supreme law of the land.
Valid fed statues or reg may express or implied occupy an entire field, this precludes any state or local reg even if state or local regulation is non conflicting.
Express or Implied
Privileges and Immunities
Prohibits discrimination by a state against an non resident.
Provides that citizens of each state shall be entitled to all privileges and immunities of citizens in several states, prohibits discrimination by states against non residents when discrimination involves a fundamental right.
Fundamental right for purpose of this clause are those involving important commercial action actives or civil liberties.
Dormant Commerce Clause
If law Discrimination burdens interstate commerce it violates the Dormant COmmerce Clause, unless NECESSARY to ACHIEVE and IMPORTANT government INTEREST.
- A state may regulate local aspects of interstate commerce such regulations is not conflicting with federal rules and:
1) the subject matter of the reg does not require national uniform
2) Reg doesn’t discriminate on out of state competitors
3) any incidental burden on interstate commerce the nation discriminatory regulation dos not out weigh the legitimate local benefit.
Dormant Commerce Clause
Exception
1) Congressional approval
2) Market Participation
Preemption
Implied
1) If Federal and State law are mutually exclusive, Federal law preempts state law.
2) if state law impedes the achievement of Federal Objective, federal law preempts state law.
3) If congress evidence a clear intent to preempt state law, federal law preempts state law.
Dormant Commerce Clause
Necessary to Important State Interest
A discriminatory state or local law may be valid if it furthers an important state interest (Health or Safety) and there are no reasonable alternative available.
Privileges and Immunities
Substantial Justifican for different Treatment:
1) either non-residence cause problems, or part of problem trying to solve, and
2) That there are no less restrictive means to solve problem.
State Taxation on Interstate Commerce
Tax is valid if:
1) Does not discriminate on interstate commerce
2) Substantial Nexus between actively being taxed and taxing state.
3) Tax fairly appropriated
4) tax fairly related to serve or benefit state.
11th Amendment
What is not barred?
1) Action Against Local Government
2) Action by US gov or other state government
3) Bankruptcy
4) Waiver is permitted
Dormant Commerce Clause
V.
Privilege and Immunities Clause
1) Does law discriminate on out of states?
= Yes = Look at both
= No = Look at Dormant Commerce Clause
2) Privilege and Immunities
= Fail if:
* Discriminate for livelihood or liberty (fundamental rights)
= Not fail if
* State can prove that there is a substantial justification and not less restrictive means.
3) Dormant Commerce Clause
= Fail
* Burdens interstate commerce
= Not Fail
* Important non-economic state interest, not alternative.
11th Amendment
Suit Against State Officials
1) State Officers may be sued for injunctive relief
2) State officers may be sued for money damages to be paid out of their own pocket.
3) State officers may not be sued if its the state treasury that will be paying retroactive damages.
Public function Exception
The constitution applied if a private entity is performing a task traditionally, exclusively done by government.
State Regulation of Commerce in the Absence of Congressional Action
If Congress has not enacted laws regarding the subject, a state or local government may regulate local aspects of interstate commerce if the regulation:
1) Does not discriminate against out-of-state competition to benefit local economic interest, and
2) is not unduly burdensome
* the incidental burden on interstate commerce does not outweigh the legitimate local benefit produced by regulation.
Dormant Commerce Clause Exception
Market Participation
A state or local government may prefer it’s own citizens in receiving benefits from government programs or in dealing with government business.
14 Amendment: Privilege and Immunities Clause
Right to Travel
The right to travel, which is protected by the 14th Amendment includes the right of newly arrived citizens to enjoy the same privileges and immunities as the by other citizens of the state.
