Constitutional Law: Federalism

Front 1

10th Amendment

Back 1

Powers not granted to US, or prohibited to the states, are reserved to the states or the people

Front 2

Supremacy Clause --> Article VI says that federal law (Constitution, statutes, regulations, treaties, executive agreements) preempts inconsistent state and local laws

Back 2

1) Express Preemption
2) Implied Preemption (Conflict, Field)

Front 3

Express Preemption

Back 3

Federal law displaces state law when Congress expressly says so.

Congress can express an intent to occupy an entire field

Front 4

Implied Preemption

Back 4

Conflict:
1) Impossible to comply with both federal and state law; or
2) State law impedes achievement of federal law objective

Field:
Extensive federal regulation in area indicates congressional intent to "occupy the field"

Front 5

Dormant "Negative" Commerce Clause

Even where Congress has not acted to regulate commerce (i.e., no preemption), states and localities may not discriminate against or unduly burden interstate commerce

Back 5

Exceptions:

1) State law may discriminate if authorized by Congress

2) State acting not as regulator, but as buyer/seller (market participant)

Front 6

Discriminatory Laws: favor commerce by in-staters over out-of-staters or that have substantial discriminatory impact on out-of-staters

Back 6

Generally invalid unless necessary to serve important government purpose (unrelated to economic protectionism), and no less discriminatory alternatives.

Front 7

Nondiscriminatory Laws

Back 7

Balancing test. State law that evenly applies to in-staters and out-of-staters is generally upheld.

But if it burdens interstate commerce, it's invalid if burden substantially outweighs (non-protectionist) benefits.

Front 8

State taxation of interstate commerce

Same dormant commerce clause considerations i.e., discriminatory taxes generally invalid, and nondiscriminatory taxes must pass balancing test

Back 8

Generally invalid if:

1) Tax singles out interstate commerce
2) No substantial nexus bet. taxpayer/state
3) No fairly apportioned to business done in state or benefits received in state

Front 9

Privileges and Immunities (Art. IV)

States may not discriminate against out-of-state CITIZENS with respect to important commercial activities or civil liberties

Back 9

... unless necessary to achieve important government purpose AND no less restrictve alternatives

EXCEPTION: government employment

Front 10

Federal Immunity

Back 10

States may not regulate or directly tax federal government (including agents and activities) without its consent