(16) Constitutional Law: Fed/State Relationship

Question 1

10th Amendment

State Power

Answer 1

Under the 10th Amendment all powers not granted to the federal government are reserved to the States or to the people.

Question 2

Can Congress compel States to implement legislation?

State Power

Answer 2

NO, Congress cannot compel state governments to implement legislation, but congress may induce state government action by attaching restrictions and conditions on federal funding pursuant to its federal taxing and spending power.

Question 3

Federal Government Immunity

Federal Power

Answer 3

1. Sovereign Immunity - The Federal government cannot be sued without its consent.
2. State Tax Immunity - Federal agencies are immune from State taxation and regulation that would interfere with their performance of Federal Functions

Question 4

Can states mandate federal agents to do something not required under Federal law?

Answer 4

NO

Question 5

General Rule:

Supremacy Clause/Preemption

Federal Power

Answer 5

Under the supremacy clause, federal law will always preempt conflicting state law.

Aka: Federal law is supreme over state law.

Question 6

Express Preemption

Federal Power

Answer 6

Federal legislation expressly preempts state law and makes federal law exclusive. An express federal preemption must be narrowly construed.

Question 7

Implied Preemption

Federal Power

Answer 7

Implied preemption occurs when: (a) State law directly conflicts with federal law; OR (b) Field preemption (it appears from the law itself or its legislative history that the federal government intended for it to be exclusive; OR (c) when the state law substantially interferes with the objectives of the federal law.

aka: doesnt need to be narrowly construed.

Question 8

What are the States rights in the absence of preemption?

Answer 8

If the federal law does not preempt state law or allows room for the state to supplement the federal regulation then the state is free to enact legislation regarding the same issue.

Question 9

Dormant Commerce Clause/ Negative Commerce Clause

State Powers

Answer 9

A state or local government may regulate interstate commerce, as long as Congress has not enacted laws in the particular area of interstate commerce and the state or local action does not (a) discriminate against out of state commerce; (b) unduly burden interstate commerce; OR (c) regulate extraterritorial activity (wholly out of state activities).

Question 10

Dormant Commerce Clause/Negative Commerce Clause:

When is a state or local action considered discriminatory?

State Powers

Answer 10

A law is deemed discriminatory when it either (a) facially discriminates; OR (b) the law has a discriminatory impact (i.e., favoring in-state commerce over out of state commerce).

Question 11

Dormant Commerce Clause/Negative Commerce Clause:

When can a state or local action discriminate?

State Powers

Answer 11

The law may be upheld if the state or local government can establish that

(a) the burden on the interstate commerce is narrowly tailored to achieve an important local interest AND there are no less-discriminatory alternatives available; OR

(b) the state or local government is a “market participant” rather than a market regulator; OR

(c) the regulation favors state or local government entities when they are performing a traditional governmental function, such as waste disposal.

Question 12

Dormant Commerce Clause/Negative Commerce Clause:

When does a state or local action unduly burden interstate commerce?

State Powers

Answer 12

State and local government laws that are not discriminatory but place an undue burden on interstate commerce are unconstitutional when (a) the burden on interstate commerce is clearly excessive to (b) the putative benefits to the state/local government.

*Putative = “assumed” or “generally" considered to be

aka: a balancing test of the burden vs the benefit to the government

Question 13

Dormant Commerce Clause/Negative Commerce Clause:

Is a regulation discriminating against an out of state business presumptively invalid under the dormant commerce clause?

State Powers

Answer 13

YES, if there is not an important non-economic interest with no reasonable alternatives available.

Question 14

Dormant Commerce Clause/Negative Commerce Clause:

Is a higher tax on companies using out of state manufacturing to promote local economic interest constitutional?

State Powers

Answer 14

NO, this is unconstitutional and is discriminatory.

Question 15

14th Amendment: Privileges & Immunities Clause

Limit on State Powers

Answer 15

States may not intentionally discriminate against non-residents concerning civil liberties, such as:
(a) Right to travel; (b) Petition Congress; (c) Vote for national officers; (d) Right to Assemble; (e) Enter public lands; and (f) Discuss matters of national legislation.

Usually a distractor on MBE these rights already protected under Due Process and Equal Protection.

Question 16

Article IV: Privileges & Immunities Clause

Limit on State Powers

Answer 16

States may not intentionally discriminate against non-residents concerning important economic activities (ability to earn a living, owning property) and basic rights (medical care, court access).

*Does not protect aliens or corporations from discrimination.

Question 17

Article IV: Privileges
& Immunities Clause Exception

Limit on State Powers

Answer 17

However, laws that discriminate against non-residents are upheld when (a) the discrimination is closely related to achieving a substantial state purpose AND (b) there is no less restrictive means available to achieve the purpose.

Ex. Instate tuition, divorce, registering to vote (states may require a limited reasonable residency requirement).

Question 18

Article IV: Privileges & Immunities Clause

Is it discriminatory for a State to require non-residents to pay higher recreational licensing fees than residents?

Limit on State Powers

Answer 18

NO, this has been upheld by the court.

Question 19

Article IV: Privileges & Immunities Clause

Is it discriminatory for a State to require non-residents to pay higher commercial licensing fees than residents?

Limit on State Powers

Answer 19

YES, courts have not allowed this type of discrimination.

Question 20

Article IV: Privileges & Immunities Clause

Is it discriminatory for States to apply a commuter tax on non-residents but not residents?

Limit on State Powers

Answer 20

YES, courts have not allowed this type of discrimination.

Question 21

Article IV: Privileges & Immunities Clause

Is it discriminatory for States to require employers to give hiring preferences to state residents?

Limit on State Powers

Answer 21

YES, courts have not allowed this type of discrimination.

Question 22

Contracts Clause

State Powers

Answer 22

When determining whether a contract may be modified, courts will consider (1) the severity of the impairment AND (2) the importance of the public interest to be served.

*Only applies to State Legislation. Does not apply to State court decisions.

Question 23

Full Faith & Credit

State Powers

Answer 23

Full faith and credit requires that out of state judgements be given in-state effect.

To be given full faith and credit a decision must meet three requirements: (1) the court that rendered the judgement must have had jurisdiction over the parties and subject matter (2) the judgement must have been on the merits rather than on a procedural issue; AND (3) the judgement must be final.