VIII. Federalism Flashcards
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
11th amendment
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Dormant Commerce Clause
If a laws purpose or effect is to substantially burden interstate commerce, it will be invalid. Two tests used depending on whether or not there is a discriminatory purpose or effect.
Test to analyze Dormant commerce clause
1) Does the challenged law burden interstate commerce for everyone or only out-of-state citizens?
- Look to the (1) text, (2) purpose, and (3) effect
see. . facially discriminatory, discriminatorily purpose, discriminatory effect
2) Apply Appropriate Test
see. …. test for discriminatory laws and even handed laws
3) Policy considerations
Facially discriminatory law:
Typically invalid per se
■ When a law attempts to regulate conduct outside the state or taxes more for transactions that don’t occur entirely within the State
Compensatory Tax Doctrine:
a facially discriminatory tax on interstate commerce is valid under NCC if it is substantially similar to a roughly equivalent identifiable tax on intrastate commerce
Privileges & Immunities of Article IV
States are not allowed to discriminate against out-of-state citizens with regard to the protection and allocation of fundamental rights.
(1) Is the asserted interest considered “fundamental” to the promotion of interstate harmony and interstate economic unity
(2) Intermediate Scrutiny
Government Interest: important or substantial purpose
■ Relation of Means to Purpose: substantially / directly related
■ Fit: not under- or over-inclusive
Express Preemption
when Congress explicitly states in a regulation
Types Of Implied preemption
- Field Preemption
- Conflict Preemption
- Obstacle Preemption
Field preemption
preemption implied bc Act of Congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject
Conflict Preemption
state law is preempted to the extent that it
actually conflicts with federal law; a conflict arises when compliance with both
federal and state regulations is a physical impossibility
Obstacle preemption
preemption implied bc state law stands to frustrate the
accomplishment and execution of the full purposes and objectives of Congress
Commerce Clause Analysis
(1) Is there a jurisdictional nexus connecting individual instances regulated activity with
interstate commerce
(2) Is there a direct and substantial connection between regulated activity and interstate
commerce?
(3) Are there congressional findings of fact indicating a substantial effect?
Commerce Clause Policy Considerations
- Would accepting regulation of this non-economic activity give Congress unlimited power?
- Does the federal law regulate in areas where states have been historically sovereign?
Commandeering
The Federal Gov’t can’t compel the States to enact a federal regulatory program
The Federal Gov’t can’t compel the States to enforce a federal regulatory program
