Con Law -- Federalism

Front 1

Federalism -- Preemption -- Express Preemption

Back 1

Statute says that it is supreme to state law

Front 2

Federalism -- Preemption -- Implied Preemption

Back 2

Fed & State mutually exclusive -- Fed preempts

State impedes federal objective -- Fed preempts

Evidence of Congressional intent to preempt -- Fed preempts

States can enact STRICTER laws as long as no federal law does not prohibit

Front 3

Federalism -- Preemption -- Inter-governmental immunity

Back 3

State cannot tax federal government activity

State taxes cannot be paid from federal treasury

State cannot regulate federal government if substantially burden

Front 4

Federalism -- Preemption -- Dormant Commerce Clause

Back 4

State and local law unconstitutional if it unduly burdens interstate commerce

Front 5

Federalism -- Preemption -- Dormant Commerce Clause -- Undue Burden?

Back 5

Does Not Discriminate -- Does burden exceed benefit?

Discriminates against out of staters? --
1) necessary to 2) important gov purpose EXCEPT:
1) Congressional approval
2) Market participant (state-run org)

Front 6

Federalism -- Preemption -- Privileges and Immunities Clause (Art. 7)

Back 6

No state may deprive citizens of other states of privileges and immunities it provides its own citizens

--> out-of-staters being discriminated against?

Front 7

Federalism -- Preemption -- Privileges and Immunities Violations

Back 7

IF law discriminates against out-of-staters & their livelihoods --> VIOLATION

UNLESS 1) necessary to 2) important gov purpose

-Civil/economic liberties
-DNA to corporations and aliens

Front 8

Federalism -- Preemption -- Privileges and Immunities Clause (14th Amendment)

Back 8

[right to travel ONLY]

Front 9

Federalism -- Preemption -- State taxation of interstate commerce
(3)

Back 9

1) States cannot use tax systems to help in-state businesses
2) States can only tax activities w/ substantial nexus to state
3) State taxes must be fairly apportioned

Front 10

Federalism -- Preemption -- Full Faith and Credit Clause
(3)

Back 10

Judgment enforced in one state must be enforced in all other states IF: 1) entering court has Jx over issue & parties
2) Judgment on merits
3) Judgment is final