Federalism

Question 1

Dormant Commerce Clause: State Regulation of Interstate Commerce

Answer 1

States may regulate local aspects of interstate commerce as long as

(1) the local regulation does not conflict with, or is not preempted by, federal regulation and the regulation meets the following tests:

(2) the regulation does not discriminate against out-of-state competition in order to benefit local economic interests, and

(3) the incidental burden on interstate commerce does not outweigh the local benefits of the regulation.

Question 2

Privileges and Immunities Clause of Article IV, Section 2

Answer 2

States may not discriminate against nonresidents regarding fundamental rights (i.e., those involving important commercial activities (such as pursuit of a livelihood)) or civil liberties unless (i) the discrimination is closely related to a substantial state purpose, and (ii) less restrictive means are not available.

Substantial justification = nonresidents either cause or are part of the problem it is attempting to solve

Article IV P&I only applies to citizens who are natural persons. Corporations and Aliens are NOT protected by Article IV P&I Clause

Question 3

Fourteenth Amendment Privileges or Immunities Clause

Answer 3

Prohibits states from denying their own citizens the “rights of national citizenship” guaranteed by the Constitution such as:

the right to petition Congress for redress of grievances, the right to vote for federal officers, the right to enter public lands, the right to interstate travel, and any other right flowing from the distinct relation of a citizen to the United States Government.

The right to travel includes the right of newly arrived citizens to enjoy the same privileges and immunities as are enjoyed by other citizens of the state.

Corporations, aliens, and legal residents are not citizens of the United States and are not protected by the Fourteenth Amendment Privileges or Immunities Clause.

Question 4

Dormant Commerce Clause

Answer 4

If Congress hasn’t regulated, state can regulate local aspect of interstate commerce if the law d/n discriminate against interstate commerce OR unduly burden interstate commerce

Exceptions: (1) State is a market participant or (2) discrimination furthers an important non-economic state interest, and no reasonable alternatives exist.

Question 5

Eleventh Amendment

Answer 5

A federal court generally may not hear a private party’s or a foreign government’s claims against a state government.

Exceptions:

Congress can remove Eleventh Amendment immunity as to actions created under the Fourteenth Amendment.

Private parties may bring actions to enjoin an officer from “future conduct that violates the Constitution or federal law.” This exception includes enjoining an appropriate state official from enforcing an unconstitutional state law.

Moreover, the Eleventh Amendment does not bar actions by one state government against another state government in federal court.