The federal System Flashcards
Express Preemption
Occurs when fed. law expressly states that its the only reg. allowed & st. reg. is prohibited
- Fed. St. will exp. state that fed. law is exclusive in the area
Express Preemption - Environmental Standards
Environmental Standards - States may set enviro. stds stricter than fed. law unless clearly prohibited by congress
Implied Preemption
Can occur in 1 of 3 ways:
- Fed. law is in Direct Conflict w/ state law - State law will be invalidated
- State Law Substantially Impedes Fed. Objective - State law will be invalidated
- Field Preemption - If congress clearly conveys that it intends the fed. law to be the only regulation in the area, then any state law in the area is preempted
State Reg. of Interstate Commerce
Any st. law that has subst. effect on interstate commerce must not be protectionist or otherwise impose an undue burden on interstate commerce
Dormant Commerce Clause - Purpose
States can’t discriminate against out of state econ. actors
Dormant Commerce Clause
aka Negative Implications of the Commerce Clause
- If congress hasn’t acted, a st. or local gov’t can reg. local aspects of interstate commerce unless:
- st./local laws discrim. against out of staters or
- place an undue burden on interstate commerce
Rule inferred from grant of power to cong. in com. clause to reg. interst. com.
Dormant Commerce Clause - Law Doesn’t Discrim.
Protectionist Laws - benefits in-st interest at the expense of out of state interests (Unconst.)
- A st. law that discriminates against interstate commerce is protectionist (unconst.) unless it serves legit. local int. that can’t be served by nondiscrim. legis.
Dormant Commerce Clause - Law Doesn’t Discriminate
Exceptions
Exceptions:
- Nec. to Important Non-economic State Interest
- Congressional Approval
- Market Participant
Law Doesn’t Discriminate - Exception
Nec. to Important Non-Economic State Interest
If a state or local reg., on its face or in practice, is discrim. then the reg. may be upheld if the state or local gov’t can est. that:
- An important local interest is being served AND
- No other nondiscrim. means are avail. to achieve that purp.
Law Doesn’t Discriminate - Exception
Congressional Approval
Cong. can exercise its auth. under com. clause to permit a st. regulation that would otherwise violate the negative implications of the commerce clause
- as long as the congressional leg. unmistakably grants such permission
Law Doesn’t Discriminate - Exception
Market Participant
A st. or local gov’t may prefer its own citizens when acting as a market participant
- it can decide who it wishes to contract without regard to the restrictions of the Dormant commerce clause
Dormant Commerce Clause - Law Doesn’t Discriminate but there is an undue Burden
Even if state/local law isn’t discrim. the law will still violates dorm. com. clause if the state/local law places an undue burden on interstate commerce
- Balancing Test
- If the burden outweighs the benefits, the law will be struck down as unconstitutional
State Taxation of Interstate Commerce
Sup. Ct. has set out a 4 part test for state or local taxes on interstate commerce to be valid under the commerce clause
- Doesn’t Discriminate - A st. or local gov’t is prohibited from using its tax system to discrim. against out of state competition in an effort to benefit local businesses
- Substantial Nexus - by applied to an activity that has subst. nexus w/ the taxing st.
- Requires significant or subst. activity within the taxing state
- Fairly Apportioned to activities actually taking place in the taxing state AND
- Fair Relationship to services provided by the taxing state
Exclusive Federal Powers
- Coin money
- enter into treaties
- Declare war
- Power over citizenship
Exclusive State powers
10th Amendment - All powers not assigned by the const. to the federal gov’t are reserved to the states
Concurrent Federal & State Laws and the Supremecy Clause
Fed. & St. governments can legislate the same area
- Supremecy clause provides that federal law supersedes conflicting state law
Federal Immunity from State Regulation
Fed. gov’t is immune from st. reg. interference
- Taxation - States can’t tax fed. gov’t activity
- unconst. to pay a st. tax out of fed. treasury
- Regulation - States can’t reg. fed. activities
- Immunity applies to US gov’t & fed. employees acting in the course of their fed. duties
When can a federal gov’t sue a state?
At any time
- Fed. gov’t has unlimited power over the states
State Immunity - Define the Anti-Commandeering Doctrine
Congress can not make a state:
- Pass Laws OR
- Enforce Federal Law through regulatory program
State Immunity - Anti-Commandeering Doctrine
If a state vol. passes a federal law or enforces a federal law, is it unconstitutional under the Anti-Commandeering Doctrine ?
YES
What powers does the state have?
Police Power
What is federal Sovereign Immunity ?
The federal gov’t can’t be sued without its consent
State Action
Const. only applies to gov’t action (Actions of the gov’t & gov’t officials)
- Generally not applicable to private conduct
When can Congress apply the constiution to Private Action ?
via statute in certain situations
- 13th Amendment - prohibit race discrim. under § 2 of the 13th Amend.
- Commerce Clause - Congress can apply the const. norm of equality to priv. conduct under commerce clause (private racial discrim. that has subst. effect on interstate commerce)
- § 5 of the 14th Amendment - Congress can’t reg. priv. conduct under § 5 of the 14th amend.
- only applies to the states
Exceptions to the Requirement of State Action
- Public Function Exception
- Entangled Exception
Public Function Exception
Applies the const. to priv. entities acting in a way that you would expect the gov’t to do
- Private entity is perf. task that has been trad. & exclusively perf. by gov’t
- elections, parks, company towns
Entagled Exception
Entity must comply w/ const. if the gov’t has:
- commanded, auth.,
- encouraged, or
- facilitated the unconst. conduct.
Either gov’t must stop comm., auth.,encouraging, or facilitating the unconst. conduct or the priv. entity must cease the unconst. conduct
Supreme Court has Found the Following to be state action
- Courts enforcing racially restrictive covenants
- Gov’t leasing space to priv. entity that racially discriminates
- Gov’t providing free text books to schools that racially discriminates
- Priv. entity reg. interscholastic sports within a state
SCOTUS has found the following NOT to be state action
- Gov’t subsidy insufficient for state action - priv. entity doesn’t have to follow const. just because it receives gov’t funding
- NCAA orders suspension of Basketball Coach at a State Univ.
- Private Club with Liquor License from state racially discriminates
- Accreditation, Regulation & Partial Funding of University
- Sup. Ct. precedent est. that accred., reg., and partial funding of univ. by the st. doesn’t render the univ. conduct st. A
Application of the Bill of Rights
Only applies directly to the federal gov’t
- Incorporated into Due Process Clause of 14th Amendment - BORs applicable to state & local gov’t through incorporation of DP clause of 14th Amendment
Application of the Bill of Rights - Exceptions
The following BORs have not been incorp. by supreme court
- Right to Grand Jury Indictment in Crim. Cases (5th Amendment)
- Right to Jury trial in Civil Cases (7th Amendment)
- Right against Excessive Bail & Excessive FInes (8th Amendment)
A state enjoys immunity from federal taxation if the tax is applied to what ?
- Unique activities of the state gov’t (e.g. state legislation)
- Essential gov’t functions
When can federal government tax a state?
When there is a private-business counterpart to the activity the state is conducting
If a federal law says that “no state shall do X” is it const.?
Yes, there is no prohibition on prohibitions
