The States

Question 1

States are divided into 3 sections - don’t really need to memorize this

Answer 1

A- What powers the states possess under the 10th amendment
B- When and how the 10th amendment limits Congress’ powers
C- Raising the vertical SOP questions

Question 2

What Power does the state possess under the 10th amendment?

Answer 2

Any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or the people at large.”

Question 3

National league

Answer 3

OVERRULED

Rule- the court declared the application of the Fair Labor Standards Act (which required a minimum wage) as unconstitutional.

Facts- congress tried to extend the reach of a minimum wage act and the states got mad

Rationale: this intrudes on the states right of the 10th amendment

Question 4

Garcia comes along

Answer 4

Overrules national league.

• Facts: San Antonio metro dept stopped paying their employees according to standards according to the ruling in National League

Question 5

Garcia- Rule

Answer 5

Rule: Congress has the constitutional authority to regulate wages and hours of state employees under the Commerce Clause

Question 6

Garcia- Rationale

Answer 6

NATIONAL LEAGUE IS UNWORABLE. It Is also unnecessary to protect state sovereignty because there are so many other things in place to protect this. states play a big role in electing officials to represent them.

Also the court is passive aggressive here and says that the states enjoy gov funding all the time- DO NOT BITE THE HAND THAT FEEDS YOU.

Question 7

Next Part focuses on how the 10th amendment limits congress; power over the states

Answer 7

we see this in
NEW YORK V. US
PRINTZ V. US
HEALAND V. BRACKEN

Question 8

New York v unites states
FACTS + RULE

Answer 8

Congress enacts a waste act to help address the issues of radioactive waste disposal amongst the states. the first two incentives were monetary but the third requires states to take ownership of the waste if they were unable to provide its disposal

RULE- congress may not compel states to enact to administer a federal program and do it in such a coercive way. the first two monetary incentives were fine but not the take title provision

Question 9

Printz v. United States

Answer 9

Facts: The Brady Act was enacted and this required the attorney general to establish these crazy ass background checks through these CLEOS and have the states report to the CLEOS to help with the issue of guns. States did not like this

Question 10

PRINTZ - RULE

Answer 10

Congress may not compel state officials to participate in the administration of federal programs, can’t have these state officials doing all this federal work.

this is the kind of regulatory program the court held against in NY radioactive waste case.

CONGRESS CANT BE SNEAKY AND USE STATE OFFICALS TO GET THEIR GOALS

Question 11

Haaland v. Brakcen

Answer 11

The Indian Child Welfare Act requires states to place an Indian child with an Indian caregiver.

Rule- Congress doe shave the power over the Indian child welfare act under section 1article 8 of the Constitution to regulate commerce with foreign nations among the several states and with the Indian tribes/

Question 12

HAALAND- OUR SCOTUS- WHO VOTED WHAT

Answer 12

7-2 Decision

Majority by ACB
- everyone but Thomas and Alito.

Question 13

ACB RATIONALE- HAALAND

Answer 13

The challengers here may say that congress’ power over the Indian tribes is not plenary and that the adoption is a family law question, this all has to do with real children. you cannot say that the fed govt is being commandeering with a law that helps citizens within the states

Gorsuch concurrence- super passionate about Native American rights and says that this is part of a grander history

Question 14

HAALND DISSENT

Answer 14

Thomas- the Constitution says that fed govt has power over commerce- this is not commerce- this is kids.

alito- the states have the family power to decide where children go.

Question 15

PART C- STATES CAN’T GET INVOLVED WHEN FED GETS INVOLVED WITH CONGRESS

Question 16

Dormant Commerce Clause and Discrimination

Answer 16

commerce clause prohibits states from passing discriminatory or burdensome interstate regulations

Question 17

City of Philadelphia v. New Jersey

Answer 17

Facts: New Jersey passed a law prohibiting other states from shopping their waste across its borders and depositing the waste in NJ

Rationale: the court recognizes that there are good ends that NJ is trying to meet, we all want less waste- However, just because the ends are good, does not mean that the means (the way to get there) is good. No discrimination

(but quarantine is good).

Question 18

Dean Milk

Answer 18

Facts: City ordinance has made it unlawful to sell any milk as pasteurized unless it has been processed and bottled at an approved pasteurization plant within a radius. trying to monopolize milk.

RULE: A state statute that discriminated against interstate commerce will be held invalid there are other less discriminatory means by which the state legislature can accomplish the objective

Question 19

Dean Milk rationale

Answer 19

It would have been ok for the states to try and regulate the milk production process even if it affected interstate commerce, however, here the ordinance was more about trying to keep competitors out. The state tried to pass it off as for health purposes but hat was BS.

Question 20

Pike- cantaloups

Answer 20

Facts: AZ passed an act about cantaloupe packages and how all cantaloupes grown in AZ and offered for sale must be packed in a regular arrangement approved by the supervisor.

Question 21

Pike

Answer 21

A state law that furthers a legitimate local public interest and only incidentally affects interstate commerce will be upheld unless the burden imposed on such commerce is excessive in relation to the local benefits

Question 22

Pike test

Answer 22

BURDEN AND BENEFITS BALANCE TEST

(1) If a state gas a substantial burden on interstate commerce, a reviewing court would next apply a balancing test to determine whether that burden was excessive about the local benefits of law

Question 23

Pike test as applied in Pike

Answer 23

Here, the court held that there would be a huge burden because they would lose their entire crop for a year and would cost them 200000 to pay for another plant in AZ

Question 24

South Central Timber

Answer 24

Facts: Alaska made a rule that all timber sold must be processed within the state before being shipped outside. South Central Timber was Alaska based timber retailer that did not operate a mil in Alaska and sold primarily unprocessed timber to out of state clients.

Rule- a state may impose burdens on commercial transactions within the market, but they cant go further and impose conditions that have a substantial regulatory effect outside of that market.

Question 25

South Central Timber- rationale

Answer 25

Alaska’s conditions are unreasonable. Alaska is a market in the timber market, and this can impose sale restrictions and regulations, but there cannot act as more than a seller in attempt to regulate the process of timber

states can do things that involve sale BUT NOT regulations

Question 26

National Pork Producers

Answer 26

Facts: Cali passed Prop 12, a law that banned the in state sale of certain products if the pigs were treated surely and small stalls. A handful of states had similar laws in place.

Rule: Under the dormant commerce clause a state mat generally ban the in state sale of certain consumer products if the state lacks discriminatory intent.