Federalism-Based Limits on State Authority

Question 1

negative commerce clause

Answer 1

a state MAY regulate commerce so long as Congress has NOT enacted laws on the subject matter
- if such laws are enacted, then any state/local law would be pre-empted by federal law

Notwithstanding the above, States CANNOT pass laws that:
1. discriminate against out-of-state commerce, OR
2. place an undue burden on interstate commerce

Question 2

discriminatory regulations

Answer 2

laws that are facially discriminatory OR have a discriminatory impact are unconstitutional UNLESS:
1.. the burden is narrowly tailored to achieve a legitimate, non-protectionist state objective (no less-discriminatory alternatives are available), OR
2.the state is a market participant rather than a regulator of economic activity

Question 3

unduly burdensom regulations

Answer 3

laws that are NOT discriminatory but place an undue burden on interstate commerce are UNCONSTITUTIONAL when:
1. the burden on interstate commerce,
2. is clearly excessive to the putative benefits to the state/local govts

NOTE: courts apply this balancing tet on a case-by-case basis

Question 4

supremacy clause & preemption

Answer 4

under the supremacy clause, a validly enacted federal law will always preempt conflicting state law

Question 5

types of preemption

Answer 5

1. express preemption: occurs when the federal law specifically states it is exclusive
2. implied preemption: occcurs when
   - direct conflict w/ state
   - field preemption (appears from the law itself or legislative history), or
   - state law substantially interferes w/ the objective of the federal law