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17 Cards in this Set

  • Front
  • Back
Define Federalism
• States form a union and sovereign power is divided between a central governing authority and the member states
• *The sharing of power between the states and the federal government
• Federal government is more powerful than state governments
Traditional division of power
divides the power between federal and state and separates the Federal government into 3 separate divisions so that it does not abuse its power arbitrarily
• Legislative – make laws
• Executive – enforce laws
• Judicial – interpret laws
• Checks and balances limit the power that any one branch can accumulate
Concurrent Authority
• An overlap whereby both federal and state governments have the power to act if the governments are not in agreement the federal government supersedes – Article 6 Section 2, Supremacy Clause
• ie: California legalizing medical marijuana but on the federal side, it’s not legal
Supremacy
• When the federal and state law directly conflicts, the federal government laws supersede
• A provision in Article VI of the constitution, that provides that the constitution, laws, and treaties of the US are the “supreme law of the land”
Pre-Emption
• A doctrine under which certain federal laws take precedence over conflicting state or local laws
• *Pre-emption occurs when federal and state governments have concurrent power over an area
• To decide if pre-emption will occur, consider…
• Impact on interstate commerce
• Whether state action furthers federal aims
• Is state action contrary to federal law
• Would compliance of both laws be burdensome for business
• Interstate Commerce is one area for pre-emption
• ie: Cipollene vs. Liggett Group because federal label and advertising act requires specific warnings on cigarettes/ not state warnings.
Interstate Commerce Clause
• Comes from Article I of constitution that gives congress the power to regulate interstate commerce within states, between states, and foreign countries
• **The power over commerce authorizes the national government to regulate every commercial enterprise in the US
• Police Powers: of states give them the right to regulate private activities, protect or promote the public order, health, and safety within their borders
• ie: parking regulations
Rebirth of Federalism
• Federalism starting to get back into Supreme Court decisions. They are not preempting states
• ie: Under the 10th Amendment Reserve Clause and 11th Amendment granting State Sovereign immunity
Printz V. US
related to the Brady Bill – Federal law requires state troopers to do background checks on guns. Violates federalism because congress is ordering the states to do something and as a result, it enhances the powers of the states
Sovereign Immunity
• Sovereign Immunity: (11th Amendment) Federal laws don’t apply state governments in some instances such as employment law. *Thus, states are allowed to violate certain laws.
• Spending Power: the way that the Federal government gets around this is telling the states, if you want money, you have to do X, Y, and Z.”
• ie: at the University of Florida, a professor was fired because he was too old. The school did not have to follow equal treatment laws because the university is a state institution… so, what the government can do is stop allocating money to the school
• if the person worked for a federal or private institution and got fired, this would be considered illegal and the person could file suit against the school
Reserve Clause
• Reserve Clause: (10th Amendment) powers not granted to the federal government are reserved to the state – states can give more rights to the citizens but cannot impose on the Bill of Rights
• While state action doesn’t have to comply with the Federal Law, state law must comply with the Federal Law
Authority of Legislative branch
• The legislative branch provides that congress has “the power to lay and collect taxes, duties, imposts, and excises” (Article I Section 8) Congress must apply uniformity to all the states.
Regulation of Interstate Commerce
• Regulation of Interstate Commerce: prior to 1935, congress had no real power to regulate, but from 1937-1995 the Supreme Court extended the powers of Congress
US v. Heart of Atlanta Hotel
wouldn’t permit blacks to stay in the hotel. Related to interstate commerce because customers came from other states
U.S. v. Lake
under the regulation of the Interstate Commerce Act, Congress was able to exert its power because Lake was a mining company that sells products to many states and also buys coal from many states
US V. Lopez
Supreme Court limited the interstate commerce powers of Congress. In the case, a boy brings a gun to school. The Fed tries to say that because people come from other states it can be related to the interstate commerce law. Congress tried to pass the “Gun Free School Zones Act” but the court called the act unconstitutional because schools are regulated by the state.
Violence Against Women Act
: a girl who was raped tried to sue in both the Fed & state courts. She wanted to sue in Fed court because her insurance company was in another state. The Supreme Court however said that the state is the only one who can deal with domestic violence.
Dormant Commerce Clause
the Fed government is the only agency with the power to regulate interstate commerce, the state cannot.
• Law applies when the state tries to regulate some area directly related to interstate commerce
• ie: Georgia can’t pass a law about mud-flaps on trucks & Alabama can’t pass a law to prevent out of state people from dumping hazardous waste in their landfill.