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31 Cards in this Set
- Front
- Back
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State Regulation of Interstate Commerce: Analysis
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1. Federal law in fact pattern? (Does the state regulation affect an activity addressed by federal legislation?)
If yes --> (a) INVALID state regulation if fed law PREEMPTS the field OR the state law CONFLICTS with the federal law (b) VALID state regulation if the federal law authorizes the state law (but cannot violate other constitutional provisions) (2) If NO, no federal law in fact pattern Q = Does the state law discriminate against interstate commerce? If YES, invalid unless (a) it furthers an important, non-economic state interest (e.g. pursuing legitimate health and safety objectives, AND and there are NO REASONABLE NONDISCRIMINATORY ALTERNATIVES or (b) the state is acting as a MARKET PARTICIPANT or government subsidies (3) If, no federal law in picture AND state-law is NON-discriminatory ASK = Is it unreasonably burdensome (i.e. -- does it impose a disproportionately heavy cost on the free flow of interstate goods while only providing marginal benefits to the state) NOTE: 21st amendment = states have more power to burden or regulator liquor than other articles of commerce |
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What is the market participant doctrine?
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A state may prefer its own citizens when acting as a market participant (e.g. when state NOT acting as regulator, but instead buying/selling commodities or services, hiring labor, or giving subsidies).
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When may a state convert from a market participant back to a regulator?
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When the state imposes conditions that affect the transaction TOO FAR DOWNSTREAM
EX = Alaska went into timber business. Deal = sold logs only to people who would first process them in the state. When court saw – said not buyer and seller anymore, regulating downstream. Discriminating b/c preserving some economic for in-state = invalid |
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If the state tax affects an activity addressed by federal legislation then the state tax is invalid if _________ and valid if _______
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invalid if
(1) federal law PREEMPTS the field, or (2) state tax conflicts w/fed law VALID if: federal law AUTHORIZES the state tax (but Congress cannot authorize taxes that would violate Constitution) |
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If the state tax does not affect an activity addressed by federal legislation, does the state tax discriminate against or unduly burden the free flow of interstate commerce (no substnatial nexus, unfair appportionment, or no fair relationship between tax and benefits)?
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If yes, INVALID state tax.
If no, VALID state tax |
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To be valid, a tax on interstate commerce must meet 3 requirements:
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(1) Non-discriminatory,
(2) substantial nexus, (3) not unreasonably burdensome (fair apportionment and fair relationship) (1) Non-discriminatory (2) Activity, person, or thing taxed must have a SUBSTANTIAL NEXUS to the taxing state (actual presence needed) (3) The tax must not be UNREASONABLY BURDENSOME (must be proprtioned to company's business done in the state or benefits received in the state) |
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Flat taxes on interstate business are _______
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almost always INVALID (b/c unless the are approtioned,an interstate bsiness could be crushed by the cumulative flat taxes on many states)
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State taxation is a form of __________
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state regulation
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Discriminaatory taxes are _______
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1) invalid
2) and violate the Commerce Clause 3) and may also violate the Privileges and Immunities Clause of Article IV or the Equal Protection Clause |
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Lack of substantial nexus might also violate __________
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due process requirement of minimum contacts (but substantial nexus requires more in-state connections)
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An unfairly apportioned tax may also violate _________
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equal protection
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How does federal power override or extend state authority? (2)
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(1) Preemption
(2) Authoirization of otherwise invalid state action |
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Relations among states (2)
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(1) Interstate compacts
(2) Full faith and credit |
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Special cases of Standing (5)
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(1) Standing of Organizations/Associations
(2) 3rd Party Standing (3) Citizen Standing (4) Taxpayer standing (5) Legislator's standing |
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Leigislator standing:
Legislator may challenge _________ (give examples) |
Legislators may challenge acts that cause them a PERSONAL and CONCRETE injury (directly injur in capacity as legislator).
EX = denied right to vote, denied from debate denied from seat |
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Legislator has NO standing to challenge _______________
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laws which were PROPERLY ENACTED which he/she BELIEVES ARE UNCONSTITUTIONAL
EX = members of congress have no standing to challenge Line Item Veto Act as violation of sep of poers |
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Taxpayer Standing (3 rules)
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(1) Taxpayer may sue to challenge OWN tax liability
(2) Taxapyer has NO standing "AS TAXPAYERS" to challenge how the government SPENDS the money it has collected. (3) Exception - Taxpayer has standing, as taxpayer, to challenge a measure under the TAXING or SPENDING power that violates the ESTABLISHMENT clause (cannot be PROPERTY power)! |
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PROCEDURAL DUE PROCESS:
Basic Principle |
Due Process Clause of the 5th Amendment (incoprorated by the states under the 14th amendment) provides that an INDIVIDUAL is entitled to a fair process/procedure (notice and opportunity to be heard) before being INENTIONALLY deprived (by the gov't) of a LIFE, LIBERTY, OR PROPERTY interest.
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PROCEDURAL DUE PROCESS:
Analysis/Elements |
(1) Gov't must deprive INDIVIDUAL
(2) Must be INTENTIONAL deprivation (not merely negligent; and must be no remedy or inadequate remedy) (3) Has a LIFE, LIBERTY, or PROPERTY interest been taken? LEGITIMATE CLAIM of ENTITLEMENT; NOT "rights" or "privileges" (4) What process is due? -Balancing Test -Notice and opportunity to be heard -Timing of opportunity to be heard (5) Waiver of due process? (6) Access to courts - Indigent Paintiffs |
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PROCEDURAL DUE PROCESS:
Deprivation of liberty occurs where __________ |
Not specifically defined
(1) A deprivation of liberty occurs if a person: (a) loses signficant freedom of action; or (b) is denied a freedom provided by the Constitution or a statute (2) Summary: Signficant governmental restraints on: (a) PHYSICAL freedom (locking you up, involuntary committment to mental institution, take away jail credits for time) (b) exercise of FUNDAMENTAL RIGHTS, and (c) freedom of CHOICE or ACTION (right to contract and get gaineful employment) requires a procedural safeguard. |
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PROCEDURAL DUE PROCESS:
Is injury to REPUTATION a liberty interest? |
Maybe
(1) Mere injury to reputation = NO (2) Need injury to reputation + loss of some state created right |
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PROCEDURAL DUE PROCESS:
"Property Interest" Categories |
Must be ENTITLEMENT (not mere expectancy or desire)
(1) Conventional real and personal property (tangible and intangible) (2) Government benefits (EX = welfare benefits, right to attend school, disability benefits, and government licenses) -NOT mere appplicants, but people have qualified for and recieve benefits, and government taking it way from THEM (not cancelling whole program) (3) Government employment (sometimes) |
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PROCEDURAL DUE PROCESS:
Test to determine if individual has property interest in gov't employment |
Issue = Does individual have ENTITLEMENT to gov't employment?
(1) employment not terminated except for "cause" (e.g. tenure) --> entitlement to gov't employ = property interest (2) employment "merely at will" --> no proeprty interest (3) Contract but it EXPIRED on its terms = NO property interest |
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If employment not terminated except for "cause" (e.g. tenure)(civil service ee, permanent ee, tenured ee) -->
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entitlement to gov't employ = property interest
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If employment "merely at will" (e.g. probationary employee provision or temoray employee, non civil service employee or non tenured ee)
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employment "merely at will" = NO proeprty interest
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PROCEDURAL DUE PROCESS:
What process is due? Balancing test |
Minimal due process requires a NOTICE and OPPORTUNITY ot be heard, but to determine actual procedures needed in each case the COURT must balance 3 factors:
(1) importance of the interest to the INDIVIDUAL (2) the value of SPECIFIC PROCEDURAL SAFEGUARDS to that interest and (3) the GOVERNMENT INTEREST in fiscal and adminsitrative efficiency |
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When are due process rights waived?
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If waiver is VOLUNTARY and make KNOWINGLY
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What type of process is required for COMMITTMENT TO MENTAL INSTITUTION?
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(1) Adults = PRIOR notice and prior evidentiary hearing (except in emergency)
(2) Children = prior screening by "NEUTRAL" factfinder (parental consent alone insufficient) |
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What type of process required for WELFARE BENEFITS?
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PRIOR notice and PRIOR evidentiary hearing
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What type of process required for termination of DISABILITY BENEFITS?
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PRIOR notice and opportunity to respond, and SUBSEQUENT evidentiary hearing
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What type of process required for termination of PUBLIC EMPLOYMENT (tenured or termination only "for cause)
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Generally, prior notice and opportunity to respond, and SUBSEQUENT evidentiary hearing
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