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16 Cards in this Set

  • Front
  • Back
What categories fall under Federalism?
1. Preemption
2. Dormant Commerce Clause
3. Privileges & Immunities Clause of Article IV
4. State Taxation of Interstate Commerce
5. Full Faith & Credit
What is preemption?
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.
What is express preemption?
If a federal statute says that federal law is exclusive, it preempts states statutes/laws.
What is implied preemption?
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.
What is inter-governmental immunity?
States may not tax or regulate federal gov't activity.
What does the privileges and immunities clause of Article IV say?
No state may deny citizens of another State of the privileges/immunities it accords its own citizens.
What about the privileges and immunities clause of the 14th?
Usually the wrong answer, unless the question is about the Right to Travel.
First question to ask on the Bar when dealing with dormant commerce and privileges/immunities question
1. Does the State law discriminate against out-of-staters?
If law doesn't discriminate against out of staters?
PI doesn't apply but, if it burdens interstate commerce, it violates the dormant commerce clause (if burdens exceed benefits)
If law DOES discriminate against out of staters?
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
If law DOES discriminate against out of staters?
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.
What is the market participant exception?
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.
What's the rule in regard to corporations and aliens pertaining to P&I and Dormant commerce Clause?
1. Dormant Commerce: Corporations and alients can sue under it
2. Corporations and aliens cannot sue under it.
What kind of discrimination does the Privileges & Immunities clause require?
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).
What are the rules on State Taxation of Interstate Commerce?
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.
What is full faith and credit?
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