Constitutional Law - Relation of Nation and States in a Federal System

Answer 1

Supremacy Clause of Article VI of the Constitution provides that the Constitution, Laws, and Treaties of the US take precedence over state laws and that the judges of state courts must follow federal law, notwithstanding anything in the constitution or laws of any state to the contrary (Fletcher v. Peck)

Question 2

What are the exclusive federal powers?

Answer 2

Some powers are exclusively federal because of express constitutional limitation on or prohibition of the states’ exercise thereof such as treaty power, coinage of money, and duty on imports. Other powers are exclusively federal in view of their nature such as declaration of war, federal citizenship, naturalization and foreign relations

Question 3

What are the exclusive state powers?

Answer 3

Whereas the federal government has only those powers granted to it by the Constitution, the state governments are governments of “unlimited” powers, having all powers not prohibited to them by the Constitution as recognized by the Tenth Amendment, which provides that all powers not delegated to the federal government by the Constitution are reserved to the states

Question 4

What are the concurrent powers?

Answer 4

Most governmental power is concurrent, belonging to both the states and the federal government, which means it is possible for states and the federal government to pass legislation on the same subject matter

Question 5

Do federal laws take precedence over state laws in the case of concurrent powers?

Answer 5

Where states and the federal government can pass legislation on the same subject matter, the Supremacy Clause provides that the federal law is supreme, and the state law is rendered void if it is pre-empted either expressly or implied

Express Pre-Emption: Federal law may expressly provide that the states may not adopt laws concerning the subject matter of the federal legislation (Altria Group, Inc. v. Good)

Implied Pre-Emption: Even if federal law does not expressly prohibit state action, state laws will nevertheless be held impliedly pre-empted if they actually conflict with federal requirements, they prevent achievement of federal objectives, or Congress has pre-empted the entire field

Question 6

In what circumstances would pre-emption not be presumed?

Answer 6

Supreme Court has stated that in all pre-emption cases, especially any involving a field traditionally within the power of the states such as regulations involving health, safety, or welfare, it will start with the presumption that the historic state police powers are not to be superseded unless that was the clear and manifest purpose of Congress (Wyeth v. Levine)

Question 7

What is the effect of the Full Faith and Credit Clause?

Answer 7

By virtue of the Full Faith and Credit Clause, if a judgment is entitled to full faith and credit, it must be recognized in sister states provided three requirements are met:
1. Court that rendered the judgment must have had jurisdiction over the parties and the subject matter
2. Judgment must have been on the merits
3. Judgment must be final

Question 8

What is the effect of the Interstate Compact Clause?

Answer 8

Constitution provides that states may enter into agreements or compacts with other states upon the consent of Congress (Art I, §10, Clause 3) in circumstances where the interstate agreements increase the political power of the states at the expense of federal supremacy (United States Steel Corp. v. Multistate Tax Commission)

Question 9

What are the rules governing intersovereign litigation?

Answer 9

1. US may sue states without their consent
2. States cannot sue the United States without its consent
3. State can sue other states in federal court and Supreme Court has exclusive jurisdiction over such disputes

Question 10

What are the federal taxation and regulation applicable to states?

Answer 10

1. Tax or Regulation Applying to State and Private Entities – Valid: Supreme Court will not likely strike down on Tenth Amendment grounds a tax or regulation that subjects states or local governments to regulations or taxes that apply to both the public sector and the private sector
2. Tax or Regulation that Applies Only to States – Generally Invalid: If Congress passes a tax that does not apply to private businesses but merely taxes state government entities, there is a possibility that the Court would use the Tenth Amendment to prohibit the tax (New York v. United States). Pursuant to the Anti-Commandeering Rule, Supreme Court has held that the Tenth Amendment prohibits Congress from adopting a statute that “commandeers” state officials by requiring states to regulate their own citizens (Printz v. US)

Question 11

What are the state taxation and regulation applicable to states?

Answer 11

1. State cannot directly tax federal government without the consent of Congress
2. State cannot directly regulate federal government unless Congress consents to the regulation
3. State may indirectly tax federal employee and contractor salaries if they do not unreasonably burden the federal government