Federalism/Intergovernmental Immunities

Question 1

Dormant commerce clause

Answer 1

if congress has NOT enacted laws on a subject matter, states and local gov. may regulate local aspects of interstate commerce so long as the regulation does not 1) discriminate against out of state commerce or 2) unduly burden interstate commerce

Question 2

Discriminatory regulations

Answer 2

discriminates against out of state commerce if it protects local economic interests at the expense of out of state competitors

Question 3

a state law that discriminates against out of state commerce is valid IF:

Answer 3

1) it is necessary to achieve an important non economic state interest AND there are no reasonable alternatives available
2) congress approves the law OR
3) the state is a market participant

Question 4

10th amendment

Answer 4

all powers not granted to the federal gov, are reserved for the states

Question 5

under the 10th amendment, congress CANNOT compel

Answer 5

state regulatory action (the fed gov cannot require states to address particular problems or administer or enforce a specific program

Question 6

how can congress induce state action under 10th amendment

Answer 6

putting strings on grants so long as the conditions are 1) expressly stated 2) relate to the purpose of the grant 3) are not unduly coercive

Question 7

supremacy clause

Answer 7

consitution and laws made pursuant to it, are the supreme law of the land

Question 8

express preemption

Answer 8

when a fed law explicitly says state may NOT adopt laws concerning the subject matter of the federal law

Question 9

implied preemption

Answer 9

state laws are impliedly preempted if 1) they directly conflict with federal law; 2) they prevent achievement of federal objectives or 3) congress has evidenced a clear intent to preempt the entire field