Federalism

Question 1

Preemption

Answer 1

• Supremacy Clause in Article VI which says that the Constitution and laws and treaties made pursuant to it, are the supreme law of the land.
• Valid federal law overrides or preempts inconsistent state law
• Found in three ways:
  
  • Express Preemption
  • Implied Preemption
  • Intergovernmental Immunity

Question 2

Express Preemption

Answer 2

When Congress has authority to act, it can state that its power is exclusive in a field

if a federal statute says that a federal law is exclusive in a field, then state nad local laws are preempted

Question 3

Implied Preemptions

Answer 3

• Even if a federal statute is silent about preemption, implied preemptions can be found in any of the following ways
  
  • Simultaneous Compliance: if it is not possible for someone to simultanelously comply with both federal and state laws, than the state slaw is deemed preempted
  • Federal Objective: if a state law impeded achievment of a federal objective, then the state or local law is deemed preempted
  • Clear Intent: Congress evidences a clear intent to preempt, than preemption is valid

Question 4

Inter-governmental Immunity

Answer 4

States may not charge state tax to be paid out of federal treasury for federal government activity

(federal government is immune from unwanted state taxation or regulation)

Question 5

Domant Commerce Clause/Priviliges and Immunities analysis

Answer 5

1. Does the state law discriminate against out-of states
2. If it does not, ask whether it burdens on interstate commmerce if its burdne outweighs the laws benefits
3. If it does discriminate,
   
   1. violates dormant commerce clause if brudens interstate commerces unless it is necessary to achieve an important government purpose and the government mus show that no less discriminatory alternative can achieve its goal
      
      1. Exceptions: 1) If Congress approves it; 2) Market Participation exception–> state or local government may prefer its citizens in receiving benefits from gov programs or gov owned businesses
   2. Violates Priviliges and immunities if harms ability to earn a liviing unless it is necessary to achieve important govenrment purpose
      
      1. COrporations and aliens cannot invoke it

Question 6

If it does not burden out-of-staters

Answer 6

If it does not, ask whether it burdens on interstate commmerce if its burdne outweighs the laws benefits

Question 7

If it does burden out-of-staters

Answer 7

If it does discriminate:

• violates dormant commerce clause if brudens interstate commerces unless it is necessary to achieve an important government purpose and the government mus show that no less discriminatory alternative can achieve its goal
  
  • Exceptions:
    
    • 1) If Congress approves it;
    • 2) Market Participation exception–> state or local government may prefer its citizens in receiving benefits from gov programs or gov owned businesses
• Violates Priviliges and immunities if harms ability to earn a liviing unless it is necessary to achieve important govenrment purpose
  
  • COrporations and aliens cannot invoke it

Question 8

Dormant Commerce Clause

Answer 8

• State and local laws are unconstitutional if htey put undue buden on interstate commerce–also called negative implications
  *

Question 9

Privilegs and Immunities Clause

Answer 9

• Article IV: no state or municipality may deny citizens of other states the privieges and immunities it affords its own citizens without substantial justification
• 14th Amendment: preserve a persons right to travel from one state to another

Question 10

State Taxation of Interestate Commerce

Answer 10

• State may not use tax system to help in-state business
• STate may only tax acitivites if there is a substantial nexus between the product or activity to be taxed and the state
• State taxation of interstate business or companies must be fairly apportioned

Question 11

Full Faith and Credit

Answer 11

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

• The court rendering the judgment must have had personal or subject matter jurisdiciton
• the judgment is on the merits
• and the judgment is final