Federalism and Misc.

Question 1

What is the Supremacy Clause’s impact on federal and state law conflicts?

Answer 1

Federal law displaces conflicting state law through express preemption, impossibility conflict, obstacle conflict, or field preemption.

Question 2

What is the supremacy clause

Answer 2

Establishes a hierarchy of laws under which valid federal aw preempt or displace conflicting state law.

Question 3

When does a federal law displace or supersede state law

Answer 3

If:
- The fed law says that it has preemptive effect (express preemption)
- The fed law and the state law conflict. 2 types:
o Impossibility: Compliance with both federal and state law is impossible.
o Obstacle: State law stands as an obstacle to the accomplishment of federal goals.
- The federal law has occupied the entire field of regulation leaving no room for states to act (field preemption)

Question 4

What is the presumption against preemption

Answer 4

There is a PRESUMPTION against preemption of state control of intrastate activities like storage of grain for future sale, unless Congress explicitly details in their statutes that they intend to use the supremacy clause (often through the authority of commerce clause).

Question 5

What is the Ex parte Young doctrine?

Answer 5

It allows private parties to sue state officials (not the state itself) in federal court for prospective injunctive relief to stop ongoing violations of federal law.

Question 6

What are the exceptions to the sovereign immunity doctrine

Answer 6

• Private parties can sue state officials (NOT the state itself) for prospective injunctive relief to stop ongoing violations of federal law
• You cannot seek money damages against the state, but you can ask a federal court to order a state official to stop unconstitutional actions.

Question 7

How does Sovereign Immunity work with the 11th Amendment

Answer 7

States are immune from suit unless they consent (sovereign immunity). Federal government waived immunity via Federal Tort Claims Act, but: No punitive damages, can only sue for ordinary torts.

Question 8

What are two ways congress enforces the 14th amendment?

Answer 8

Remedial authority (Congress can pass laws responding to actual constitutional violations)
and
prophylactic (preventative) legislation (Congress tries to anticipate violations before they occur and Can go beyond Court’s interpretation of 14A rights.)

Question 9

Congressional Subpoenas and the President:

Answer 9

Courts weigh whether
(1) alternative sources exist,
(2) there is a legitimate legislative purpose,
(3) the subpoena is narrowly tailored, and
(4) the subpoena is free from improper political motivation.