Federalism Flashcards

1
Q

Full Faith and Credit Clause

A

Requires final judgment on merits by court and personal and subject matter jurisdiction before judgment enforced in other state, etc.

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2
Q

Supremacy Clause

A

Makes U.S. Constitutional, federal statutes, and treaties the supreme law of the land

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3
Q

Preemption

A

A state law is preempted if there is: (1) an express statement of congress preempting state legislation; (2) the state law prevents or frustrates an achievement of federal objective; or (3) the state law conflicts with a valid federal law

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4
Q

Intergovernmental Immunity

A

State v. U.S. - must have U.S. consent

U.S. v. State - no consent required

State v. State - no consent and original jurisdiction in supreme court

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5
Q

Interstate Compact Clause

A

Contracts between states must have congressional approval

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6
Q

Federal Taxation or Regulation of States

A

Congress can tax or regulate states if law applies to both public and private sectors; BUT the government cannot commandeer state officers to enforce federal laws, and congress may indirectly regulate states by spending power conditions and may restrict state activities that violate civil liberties

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7
Q

State Taxation or Regulation of Federal Government

A

(1) no direct taxes without congressional consent; (2) indirect taxes if non-discriminatory and no unreasonable burden; and (3) no state regulation of federal government or officers while performing federal functions

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8
Q

State Regulation of Interstate Commerce (DCC)

A

There are limits on intentional discrimination against out of state interests if it furthers an important non-economic state interest with no reasonable nondiscriminatory alternatives, the state is acting as a market participant, or where there is congressional permission (balance burden on interstate commerce with benefit to legitimate local interest)

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9
Q

State Taxation of Interstate Commerce (DCC)

A

There can be no discriminatory taxes against out-of-state interests unless there is Congressional authorization; non-discriminatory taxes are permissible if there is a substantial nexus to taxing state, it is fairly apportioned to the activity, and there is a fair relationship to service or state benefits provided

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