Federalism

Question 1

Federalism Refers to:

Answer 1

Limits on State/Local Government

Question 2

Federalism Topics

Answer 2

1. Preemption
2. The dormant commerce clause and the privileges and immunities clause of Article IV
3. State taxation of interstate commerce
4. Full faith and credit

Question 3

Preemption

Answer 3

The Supremacy Clause of Article VI provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.

Federal law thus preempts State law

Question 4

Types of Preemption

Answer 4

1. Express Preemption
2. Implied Preemption
3. Intergovernment Immunity

Question 5

Express Preemption

Answer 5

If a federal statute says federal law is exclusive in an area, then State/local law is preempted.

Question 6

Implied Preemption

Answer 6

1. If federal and state laws are mutually exclusive, federal law preempts state law
   
   • Mutally Exclusive:
     
     • Impossible to comply with both fed and state law at same time
   • State also may make stricter environmental laws unless congress clearly prohibits it.
2. If state law impedes the achievement of a federal objective, federal law preempts state law
   
   • i.e. State making a law deterring people from filing for something under Federal Law
3. If Congress evidences a clear intent to preempt state law, federal law preempts state law
   
   • Ex: Immigration Law
   • Look to legislatve history

Question 7

Intergovernmental Immunity

Answer 7

States may not tax or regulate federal government activity

Examples:

• Unconstitutional to pay a State tax out of the Federal Treasury
• Federal Govt never has to comply with State Pollution Control Laws

Question 8

The dormant commerce clause (Negative implications of the commerce clause)

Answer 8

State/Local laws unconstitutional if they place an undue burden on interstate commerce - inferred by SCOTUS, not express in Constitution.

Question 9

The privileges and immunities clause of Article IV

Answer 9

No state may deprives citizens of others states of the privilege and immunities it affords its citizens - anti-discrimination provision for out-of Staters

Question 10

The privileges or immunities clause of the Fourteenth Amendment

Answer 10

Always the wrong answer unless the question involves the right to travel

Question 11

Where to Begin Analysis for The dormant commerce clause and the privileges and immunities clause of Article IV

Answer 11

Does the state law discriminate against out-of-staters?

Question 12

Analysis for if the Law Does not Discriminate Against Out of Staters:

Answer 12

• The privileges and immunities clause of Article IV does not apply
• If the law burdens interstate commerce, it violates the dormant commerce clause if its burdens exceed its benefits

Question 13

Analysis if the law discriminates against out-of-staters

Answer 13

If the law burdens interstate commerce, it violates the dormant commerce clause unless:

1. it is necessary to achieve
2. an important government purpose

Question 14

Exceptions for when we will allow a law violates the dormant commerce clause (a law that discriminates against out of states)

Answer 14

1. Congressional approval
2. The market participant exception.
   
   • A state or local government may prefer its own citizens in receiving benefits from government programs or in dealing with government-owned businesses.
   • Examples:
     
     • less tuition for in-staters than out-of-staters for a State university (not private) because State schools are a public benefit payed by residents taxes
     • Government businesses can favor in-staters

Question 15

What’s a violation of the privileges and
immunities clause of Article IV?

Answer 15

If the law discriminates against out-of-staters with regard to their ability to earn their livelihood, it violates the privileges and immunities clause of Article IV unless it is necessary to achieve an important government purpose

Question 16

Rules for privileges and
immunities clause of Article IV?

Answer 16

1. The law must discriminate against out-of-staters.
2. The discrimination must be with regard to fundamental rights or important economic activities.
   
   • Econ Activity = ability to earn a livelihood
     (not hobbies)
3. Corporations and aliens cannot use the privileges and immunities clause.
   
   • If a law discriminates against out-of-staters and the petitioner is a corporation, only use negative CC
4. The discrimination must be necessary to achieve an important government purpose.

Question 17

Summary of Dormant Commerce Clause Rules

Answer 17

• Does not require discrimination against out-of-staters in order to apply
• Requires a burden on interstate commerce
• Corporations and aliens can sue under it
• Exceptions: Congressional approval and the market participant exception

Question 18

Summary of Privileges and Immunities Clause of Article IV

Answer 18

• Requires discrimination against outof- staters in order to apply
• Requires discrimination with regard to fundamental rights or important economic activities
• Corporations and aliens cannot sue under it
• No exceptions

Question 19

State taxation of interstate commerce

Answer 19

1. States may not use their tax systems to help in-state businesses
2. A state may only tax activities if there is a substantial nexus to the state
3. State taxation of interstate businesses must be fairly apportioned

Question 20

Full Faith & Credit

Answer 20

Courts in one state must give full faith and credit to judgments of courts in another state, so long as:

1. 1. The court that rendered the judgment had jurisdiction over the parties and the subject matter.
2. 2. The judgment was on the merits.
3. 3. The judgment is final.