ConLaw - Relation of Nation and States in Federal System Flashcards
What is the supremacy clause?
Federal law and state law and there’s a conflict (fed says yes, state says no, or vise versa)
Federal always wins out as the supreme law of the land
This is also known as preemption
Note: if you do not have federal law and state law in hypo, then supremacy clause is NOT going to be the answer
What if federal and state laws on same** subject matter** but do not conflict?
States can be more restrictive on the subject matter under their police power, but CANNOT make less restrictive.
Federal government DOES NOT HAVE POLICE POWER!
Eg, FDA says if you’re cooking beef, need to cook for 320 degrees for 20 minutes. State of oklahoma says, wait a minute and passes law to cook at 400 for 20 minutes. This is okay under police power (aka general welfare clause) because MORE RESTRICTIVE.
Also, note if there is no federal law, then states can do what they want bc no conflict
What is the state police power?
This is the 10th amendment power granting states the power to do whatever is in the health, safety, welfare of citizens?
AKA general welfare clause
NOTE: if answer choice says that federal govt can do something under general welfare clause, this is WRONG, UNLESS HAS TO DO WITH TAXING AND SPENDING, as that is the only power congress has that has to do with general welfare.
What is commandeering?
Federal govt cannot require/make/compel a state govt to act (the act being compelled will usually take the form of congress requiring states to pass a law…thereby “commandeering the legislative processes of the states” (see below language)
eg, Congress cannot pass statute that requires state or states to do so and so…this would violate ban on commandeering. They can ask but not require.
Under the Tenth Amendment, Congress may not “commandee[r] the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program.”
Look for “REQUIRE” “MAKE” “COMPEL”
What is the dormant commerce clause?
Congress has power to regulate interstate business, but when state’s are passing laws regulating business, we are talking about the DORMANT COMMERCE CLAUSE.
This is inferred from Commerce Clause in constitution
Note: usually will not use the word “dormant,” will just have to notice that it’s a state passing law about business, not the federal govt (IC clause)
States cannot pass law about business if it discriminates against out of state business interests to benefit local interests AND also cannot unduly burden interstate commerce with its regulations.
What types of discrimination are there for purposes of dormant commerce clause?
On its face; in practical effect; excessive burden
State laws that discriminate against out-of-state commerce in favor of in-state commerce—either on their face or in practical effect—are subject to strict scrutiny and thus a nearly per se rule of invalidity (narrowly tailored to meet a legitimate, nonprotectionist purpose.)
Even if not discriminatory, state laws that substantially affect interstate commerce can also be invalidated if the burden on interstate commerce is clearly excessive in relation to the putative in-state benefits.
Note: evidence of protectionist motives (such as statements in the legislative
history) might be relevant to whether the law is discriminatory in practical effect
Usually they will just give you statute that state A passed law, then other state complains that violates commerce clause. If any possibility that it could discriminate against them, usually will be found discriminatory and in violation of dormant commerce clause.
On q’s, will be looking for a state passing a law and another state complaining
When can states pass laws discriminating against out of state businesses?
Exceptions to dormant commerce clause:
When **Congress passes law allowing states **to do this
When state is acting as market participant (ie, state takes over, acting as a monopoly over an industry, will need to see F’s showing that state owns all of the businesses in the market; no private businesses, state has taken over control of the industry). When market participant, may favor in-staters over out-of-staters
state or local government entities are performing a
traditional government function
What is the full faith and credit clause?
If there is a judgment on the merits in one state, then that judgment gets full faith and credit in other states
In hypos, look for case in one state, there’s a decision, and party tries to get different judgment in another state. Answer = No, can’t do under FFC clause
Exclusive v Inherent federal powers
** Power of States Expressly Limited**. Some powers are exclusively federal because the Constitution limits or prohibits the use of the power by state (e.g., treaty power, coinage of money).
b) Inherent Federal Powers. Other powers are exclusively federal because the nature of the power itself is such that it can be exercised only by the federal government (e.g., declaration of war, federal citizenship)
What is the 10th amendment?
8.3%
The 10th Amendment provides that all **powers not assigned **by the Constitution to the federal government are reserved to the states, or to the people.
Short of commandeering, what is federal power over states?
The federal government has** virtually unlimited power** to regulate the states.
Generally, Congress may regulate the states so long as it is exercising an enumerated power.
While Congress cannot command state legislatures to enact specific legislation or administer federal regulatory programs, it may encourage state action through the use of its **taxing and spending powers **(e.g., Congress can condition federal highway funds on the state’s requiring a minimum drinking age of 21).
Can a state regulate business activity that is wholly out of state?
No, dormant commerce clause forbids states from Regulating wholly out-of-state activity.
As to the supremacy clause, when is there express preemption?
Express Preemption. Federal law expressly preempts state law when:
(1) The Constitution makes the federal power exclusive; OR
(2) Congress has enacted legislation that explicitly prohibits state regulation in the same area.
As to the supremacy clause, when is there implied preemption?
Federal law implicitly preempts state law when:
(1) Congress intended for federal law to occupy the entire field (intent to occupy a field can be inferred from a framework of regulation so pervasive that Congress left no room for states to supplement it or when there is a federal interest so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject);
(2) The state law directly conflicts with the federal law (e.g., requiring conduct that is forbidden by the federal law or making it impossible to comply with both); OR
(3) The state law indirectly conflicts with the federal law by creating an obstacle to or frustrating the accomplishment of the federal law’s purpose.
