Federalism Flashcards
What are the general police powers?
The powers reserved to the states pursuant to the Tenth Amendment, including the regulation of health, safety, and welfare.
What is the standard of review for things falling under the general police powers?
Rational basis, unless they burden a fundamental right or involve a suspect or quasi-suspect classification.
Name and explain the 3 kinds of preemption that may prevent a state from enacting law conflicting with federal law.
(1) Express - A federal law may expressly say that the states may not adopt laws concerning the subject matter of the federal legislation.
(2) Implied - If a state or local law prevents achievement of a federal objective, it will be held to be impliedly preempted, even if the state law was enacted for some valid purpose and not to frustrate federal law.
(3) Field - A valid federal law may impliedly “occupy” the entire field, thus barring any state or local law even if the state or local law is nonconflicting.
HYPO: A federal law sets the minimum wage at $7.25 per hour. A state law sets the minimum wage at $15 per hour. Is the state law preempted?
No. There is no conflict because if a business follows state law, it would necessarily be following federal law.
HYPO: A federal law sets the minimum wage at $7.25 per hour. A state law sets the minimum wage at $5 per hour. Is the state law preempted?
Yes. Because compliance with state law would violate federal law, and the state law frustrates the purpose of the federal law, the state law is preempted.
HYPO: A federal law delegates to the Department of Labor exclusive authority to set the minimum wage. The Department sets the minimum wage at $7.25 per hour. A state law sets the minimum wage at $15 per hour. Is the state law preempted?
Yes. Even though there is no conflict, there is express preemption because Congress has delegated the authority to set minimum wage exclusively to the Department of Labor.
HYPO: A federal law encourages the reporting of employment discrimination complaints to a federal agency. A state law denies unemployment benefits to those who report those complaints to the agency. Is the state law preempted?
Yes. Even though there is no direct conflict, there is implied preemption here because the state law frustrates the federal law.
HYPO: Congress extensively regulates the entry requirements for foreign nationals. A state bordering another country imposes additional requirements for entry. Are the state requirements preempted?
Yes. There is extensive federal regulation in this area, and it’s one over which Congress has broad powers: immigration. Thus, there is implied field preemption over the state law.
In all preemption cases, but especially in cases involving a field traditionally within the power of the states, courts will start with the presumption that the historic state police powers are not to be superseded unless:
It was the clear and manifest purpose of Congress
The Interstate Privileges and Immunities Clause of Article IV prohibits discrimination by a state against nonresidents of the state when the discrimination concerns either:
(1) Important commercial activities (e.g., the pursuit of a livelihood) or
(2) Fundamental rights
The Interstate Privileges and Immunities Clause of Article IV prohibits discrimination by a state against nonresidents of the state only if:
The discrimination is intentionally protectionist in nature.
If a state law burdens an important commercial activity or fundamental right, it will be invalid unless: (2 things)
(1) The law is necessary to achieve an important government purpose and
(2) There are no less restrictive means available
(In effect, the state must show that nonresidents either cause or are part of the problem that the state is attempting to solve and that there are no less restrictive means to solve the problem.)
