Relation b/w Federal and State Government Flashcards
If state law conflicting with federal law, who wins?
Federal Law; Supremacy Clause
-In hypo; one says you can and one says you cant (allow vs prohibit)
-State law is saying you can, Fed law is saying you can’t and Fed always wins.
What if federal and state laws don’t conflict?
-State law can be more restrictive than Federal Law
-State law can’t be less restive than federal law because it has police power; 10th amendment.
-No federal police power
What is the 10th amendment?
-Police Power
-A state can pass any law as long as it’s from the health and safety, welfare of the citizens
-It can pass a law like this when it doesn’t conflict with the federal law
-Whatever is not given to congress it’s given to the state and states can pass a law on whatever they want (as long as it doesn’t conflict with federal law)
-Congress doesn’t have police power
-Congress can’t pass the law for health general welfare but only can tax + spend for general welfare, can
-They can pass a law only if it’s gonna benefit their enumerated law
Congress has no
Police power; there is no general welfare clause for Congress.
Can a state pass a law?
If there is no mention of federal law and the hypo is only talking about the purpose and intent of the law; can a state pass a law if there is no mention of federal?
Yes; especially for healthy, welfare, safety of citizens.
-10th amendment
As long it doesn’t conflict w/ federal
Commandeering Rule
-Federal government can’t command the state to do anything
-Congress passed a law and requires the state to do something; unconstitutional violates the commandeering rule. (Command, require)
What is the government doing
Dormant Commerce Clause
-State is passing a law regulating business & discriminates against out of state businesses.
-State law regulating business cannot discriminate against out of state business
-If discriminating “on face” then strict scrutiny “ “compelling”
-If incidental then “intermediate” “important gov interest; burden on commerce should not be excessive”
Sometimes they won’t use the word dormant
When can a state pass a law that discriminates against out of state business?
-When state is acting as a market participant
-When the state itself runs that industry
-State can then discriminate
Market participant
Full faith and credit
-Judgement on the merits in one state must be given full faith and credit in another state
-If there’s judgement in state A courts in state B have to follow too (respect)
Federal Immunity
Federal Immunity
-States can’t sue the federal government
-States can’t tax the federal government ( individuals in it can be)
-Individual can’t sue federal government except when the federal government consents
State Immunity
-Federal government and other states can sue other states
-Federal government can’t tax a state given to if that tax relates to a governmental function; BUT can tax if someone runs a business on state property (proprietary business)
