Federalism Flashcards
(36 cards)
Art I, sec 8
Powers of Congress
Art VI, sec 2
Supremacy Clause
Art I, sec 8, cl 18
Necessary and Proper clause
10th Amendment
state powers where Congress is silent
Art I, sec 8, cl 3
Commerce Clause
Commerce Clause Text:
Congress has the power to regulate commerce among the states, with Native tribes, and with foreign nations.
Commerce Clause Test First step:
Sebelius –>
Congress has the power to regulate private entities already voluntarily engaged in interstates commerce, but Congress may not create commerce or force people to engage in commerce against their will
Commerce Clause test Second step:
Morrison/Lopez –>
A Congress may regulate channels of interstate commerce
- rivers, roads, air space, etc
B Congress may regulate the instrumentalities, or persons, or things of interstate commerce
- planes, trains, trucks, etc
C Congress may regulate local (intrastate) activities that substantially affect interstate commerce
1 activity that the statute is regulating must be economic or commercial in nature
2 jurisdictional element: Did Congress specify under what provision of Constitution it passed the law?
3 legislative record: committee reports/congressional record
4 Congress may not regulate traditional areas of state law
5 connection between the activity regulated by the statute and interstate commerce must not be too remote or weak
Commerce Clause test Third step:
Aggregate Effects –>
If all people were to do the same thing nationally that a person or small group of persons is doing locally, would it substantially affect interstate commerce?
Dormant Commerce Clause
state law regulating interstate commerce
Dormant Commerce Clause test Step One
Is there a federal law on point?
Yes. Is it a valid law under Commerce Clause test? YES. This federal law preempts state law.
No –> Step 2
Dormant Commerce Clause test Step Two
Did Congress approve the state/local law?
Yes –> state law valid
No –> Step 3
Dormant Commerce Clause test Step Three
Market Participation Doctrine
Is the state a buyer/seller/lessor/lessee/owner?
Yes? Law is not a regulation and valid
No? step 4
Dormant Commerce Clause test Step Four
Does law discriminate against interstate commerce differently than in-state commerce or is it a ban at the border?
If yes to either –> law is NOT generally applicable –> apply discrimination test
If no to both –> law IS generally applicable –> apply test for general applicability
Dormant Commerce Clause test Step Four Discriminatory state laws test
Does state have legitimate interest aside from economic protectionism?
if no –> law is invalid
If yes –> can the legislative interest be served without discriminating against interstate commerce?
If yes –> law is invalid
If no –> valid
Dormant Commerce Clause test Step Four General Applicable laws test:
Legitimate state interest
Law must be rationally related
Burdens on commerce must not outweigh the benefits to state
Art I, sec 8, cl 1
Tax and Spending Power
Tax Power text
Congress shall have the power to lay and collect taxes, duties, imposts, and excises, to pay debts and provide for the common defense and general welfare of the US
Tax Power test:
- Raises some revenue for gov’t
- Does not violate any other provision of the Constitution
- Does not function like a punitive measure to compel behavior (look at whether it’s an excessive amount or functions like a criminal fine)
Spending power text:
Congress may spend to pay debts, provide for the common defense and general welfare
Conditional spending power test:
- Spending is in pursuit of general welfare
- Condition is unambiguous so a state knows what to do to satisfy the condition, and when it’s violating the condition
- Condition is connected to the purported ends of the statute
- Not barred by another provision of the Constitution
- 10th Amendment
a. Conditional spending is not coercing the states
- compelling behavior
- South Dakota v Dole
10th Amendment text/test
- all powers not specifically given to federal gov’t in the Constitution are reserved to the states
- laws that apply generally to state and private officials do not violate the 10th amendment
federal gov’t may not compel states to enact particular legislation
- federal gov’t may not compel state officers to enforce federal laws
Necessary and Proper clause text
Congress may choose any means that are “necessary” and “proper” for carrying out its enumerated powers so long as it is rationally related to a legitimate gov’t interest
Supremacy clause text
If there is a conflict between a state/local law and federal law, the state/local law is deemed invalid and preempted by the fed. law if the fed. law is constitutional.
