Constitutional Law - State's Powers / Federalism

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Supremacy Clause of Art. VI - Fed law trumps State law

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- The Const., and laws and treaties made pursuant to it, are the supreme law of the land.
- Used to strike down state laws that conflict w/ fed laws or involve field Congress has preempted

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Express Preemption

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Fed statute explicitly provides that fed law is exclusive in a field; the state and local laws are preempted

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Implied Preemption

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Fed statute silent, can be implied; fed law preempts state law:
1. If fed and state laws are mutually exclusive
2. If state/local law impedes achievement of a fed obj
3. If Congress evidences a clear intent to preempt state law (i.e., immigration)

Front 4

States may not tax or regulate fed govt activity (“inter-governmental immunity”)
- UNLESS Congress consents to the regulation
- Pollution/environmental laws?

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Fed govt NEVER has to comply w/ STATE POLLUTION LAWS BUT states may set ENVIRONMENTAL STANDARDS stricter than fed law unless Congress expressly prohibits this.

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Unconstitutional to pay a state tax out of the federal treasury

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States cannot regulate fed govt if placing significant burden on fed activity.

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"DORMANT COMMERCE CLAUSE”
or “NEGATIVE COMMERCE CLAUSE”

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State/local law may regulate local aspects of interstate commerce if (1) regulation does not conflict w/ fed law and (2) ONLY if that regulation:
1. Does not discriminate against out-of-state competition to benefit local economic interests and
2. Does not place an undue burden on interstate commerce. Balancing Test: burdens exceed its benefits; necessary to achieve important govt purpose

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PRIVILEGES AND IMMUNITIES CLAUSE OF THE ART. IV

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“No state may deprive citizens of other states of the Ps&Is it’s according its own citizens.” Forbids state from arbitrarily discriminating against citizens of another state

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P&I Clause
- Analysis if the law discriminates against out-of-staters:

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If the law burdens interstate commerce, it violates the dormant commerce clause UNLESS it is NECESSARY to achieve an important govt purpose (= no less discriminatory alternative may be used to achieve obj- rigorous scrutiny)
- Ex: If the law discriminates against out-of-staters re: their ABILITY TO EARN THEIR LIVELIHOOD, violates P & I clause UNLESS it is necessary to achieve an important govt purpose.

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P&I Clause Requirements:

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- Law must discrim against out-of-staters
- Discrim must be re: civil lib’s or imp econ activities (not apply to corp’s/aliens)
- Discrim must be nec to achieve an imp gov purp (no less discrim alt could achieve its goal)

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P&I Clause Exceptions:

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1. Congressional approval (under Commerce Power), no longer dormant
2. State is a Market Participant: a state/local govt may exercise its right to favor its own citizens in receiving benefits from govt programs or in dealing with govt-owned business.
- Buying/selling products, hiring labor, giving subsidies…

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P&I Clause does not apply to:

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Corporations and Aliens

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Power of States to Tax Interstate Commerce

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States:
1. MAY NOT tax imported goods or on commercial activity connected with imported goods
- EXCEPT W/ CONGRESSIONAL CONSENT (Import-Export Clause);
2. MAY NOT use their tax systems to help in-state business;
3. MAY ONLY tax activities if there is a substantial nexus to the state. State taxation of interstate businesses must be fairly/ reasonably apportioned.

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Full Faith and Credit

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Courts in one state must enforce judgments of courts in other states so long as:
- Court that issued judgment must have had jurisdiction over the parties and subject matter; Judgment was on the merits; Judgment is final.