Federalism Flashcards
Supremacy Clause
The Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.
Express v. implied preemption
Express: Statute says the federal law is exclusive
Implied: If federal and state laws are mutually exclusive, federal law preempts state law; if state law impedes achievement of a federal objective, federal law preempts; if Congress evidences an intent to occupy the entire field, federal law preempts
Inter-governmental immunity
States may not tax or regulate federal government activity unless it is indirect, nondiscriminatory, and not unreasonably burdensome
P&I Clause of Art. IV
No sate can deny OOSers (non-residents) from P&Is (i.e., FRs–commercial activity that affects OOSers’ ability to earn livelihood); applies when state discriminates against OOS person (NONRESIDENT; does not apply to corporations and aliens
Scrutiny: Necessary to achieve an imp’t / substantial int
P&I Clause of 14A
Right to travel is the only time this comes into play; probably a wrong answer
Dormant Commerce Clause (DCC)
State / local laws cannot unduly burden IC; we DGAF about discrimination against OOS here!!!; corporations and aliens can sue under it
Scrutiny: Necessary to achieve an imp’t int (basically no alternatives - Maine v. Taylor)
DCC Exceptions
Market participant: State or local gov may prefer its own citizens in receiving benefits from gov programs or in dealing with gov-owned businesses
Congressional approval
Analysis of DCC / P&I Art. IV
- If law does not discriminate against OOSers, only DCC applies, and DCC applies ONLY if gov is burdening IC. In that case, balance the benefit to the state against the burden on IC (if benefit > burden, law is upheld).
- If law discriminates against OOSers, it violates the P&I clause if it discriminates against nonresidents w/regard to imp’t commercial activities unless scrutiny is satisfied.
If law discriminates against OOSers, it violates the DCC if it places a burden on IC unless scrutiny is met or an exception applies
Upshot: DCC Test
If Cong has not enacted laws regarding the subject, a state or local government may regulate aspects of IC if the regulation doesn’t discriminate against OOS competition to benefit local economic interests and is not unduly burdensome (i.e., the incidental burden on IC doesnt outweigh the legitimate local benefits produced by the regulation).
Examples of Invalid Discriminatory Regulations
(1) regulations protecting local businesses; (2) regulations requiring local operations (home state processing requirements); (3) regulations limiting access to in-state prods; (4) regulations prohiibiting OOS wastes
21A
Gave state gov’s wide latitude over the importation of liquor and the conditions under which liquor is sold or used within the state; no local favortism allowed though
State Taxation on IC
States cannot use tax systems to help in-state businesses; if tax is nondiscriminatory but appears to burden IC, ask whether burden outweighs. Must be a substantial nexus between the taxpayer and the state, must be fairly apportioned, and must be a fair relationship between the tax and the services / benefits provided by the state
