Con Law--Federalism

Front 1

Preemption

Back 1

The Supremacy Clause of Article VI provides that the Constitution and laws and treaties made pursuant to it, are the supreme law of the land.
*States are allowed to set stricter guidelines than the fed law, unless explicitly prohibited

Front 2

Express preemption

Back 2

explicitly provides in the federal statute that the law is exclusive in the field.

Front 3

Implied preemption

Back 3

1) If federal laws are mutually exclusive, federal law preempts state law (impossible to comply with both)
2) If state law impedes the achievement of a federal objective
3) Congress evidenses a clear intent to preempt state law

Front 4

Inter-governmental immunity

Back 4

States may not tax or regulate federal government activity
*Can tax private owners on federal land
*Cannot tax government owners on federal land
*Does not have to comply with state pollution contro/environmental laws

Front 5

Dormant Commerce Clause (does not discriminate)

Back 5

If Congress has not legislated in an area where a state law has that burdens interstate commerce, the law can potentially violate the dormant commerce clause.
*if the state law does not discriminate against out of staters then the law will violate the dormant commerce clause if its burdens exceed its benefits.

Front 6

Dormant Commerce Clause (discriminates)

Back 6

*if the law discriminates against out of staters, it violates the dormant commerce clause unless it is necessary to achieve an important government purpose
Exceptions:
-Congressional approval
-Market participant: a state or local government may prefer its own citizens in receiving benefits from government programs, or in dealing with government owned business

Front 7

Privileges and Immunities Clause of Article IV

Back 7

If the law discriminates against out of staters with regard to their ability to earn their livelihood, in violates PIC unless it is necessary to achieve an important government purpose
-Discriminate civil liberties or important economic activities
-Corporations and aliens cannot assert (only citizens)
-DISCRIMINATION must be necessary...

Front 8

State Taxation of interstate commerse

Back 8

-States can't use tax systems to help-in state business
-May only tax activities if there is a substantial nexus to the state
-State taxation of interstate business must be fairly apportioned

Front 9

Full Faith and Credit

Back 9

Courts in one state must give full faith and credit to judgments of courts in another state, so long as
-court the rendered judgment had PJ and SJ
-judment was on the merits
-judgment final