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16 Cards in this Set
- Front
- Back
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What categories fall under Federalism?
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1. Preemption
2. Dormant Commerce Clause 3. Privileges & Immunities Clause of Article IV 4. State Taxation of Interstate Commerce 5. Full Faith & Credit |
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What is preemption?
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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.
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What is express preemption?
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If a federal statute says that federal law is exclusive, it preempts states statutes/laws.
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What is implied preemption?
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1. If federal and state laws are mutually exclusive, federal law preempts state law
2. If state law impedes the achievement of a federal objective, federal law preempts state law 3. If Congress evidences a clear intent to preempt state law, federal law preempts state law. |
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What is inter-governmental immunity?
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States may not tax or regulate federal gov't activity.
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What does the privileges and immunities clause of Article IV say?
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No state may deny citizens of another State of the privileges/immunities it accords its own citizens.
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What about the privileges and immunities clause of the 14th?
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Usually the wrong answer, unless the question is about the Right to Travel.
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First question to ask on the Bar when dealing with dormant commerce and privileges/immunities question
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1. Does the State law discriminate against out-of-staters?
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If law doesn't discriminate against out of staters?
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PI doesn't apply but, if it burdens interstate commerce, it violates the dormant commerce clause (if burdens exceed benefits)
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If law DOES discriminate against out of staters?
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Violates the Dormant Commerce Clause if it places a burden on interstate commerce, unless it is necessary to achieve an important gov't purpose.
2 exceptions: 1. Congressional approval of discrimination 2. Market participant exception |
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If law DOES discriminate against out of staters?
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Violates privileges/immunities of Art. 4 if it discriminates against individuals with regard to important economic activities or civil liberties... unless it is necessary to achieve an important gov't purpose.
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What is the market participant exception?
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A state or local gov't may prefer its own citizens in receiving benefits from gov't programs or in dealing with gov't-owned businesses.
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What's the rule in regard to corporations and aliens pertaining to P&I and Dormant commerce Clause?
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1. Dormant Commerce: Corporations and alients can sue under it
2. Corporations and aliens cannot sue under it. |
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What kind of discrimination does the Privileges & Immunities clause require?
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Discrimination with regard to civil liberties or important economic activities. And of course, it REQUIRES discrimination against out-of-staters (otherwise doesn't apply, unlike dormant commerce clause).
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What are the rules on State Taxation of Interstate Commerce?
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1. States may not use their tax systems to help in-state businesses.
2. State may only tax activities if there is a substantial nexus to the state 3. State taxation of interstate businesses must be fairly apportioned. |
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What is full faith and credit?
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Courts in one state must give full faith and credit to judgments of courts in another state, so long as:
1. Court rendering judgment had jurisdiction over parties and subject matter, & 2. Judgment on merits; and 3. Judgment is final |
