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9 Cards in this Set
- Front
- Back
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.
*States are allowed to set stricter guidelines than the fed law, unless explicitly prohibited |
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Express preemption
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explicitly provides in the federal statute that the law is exclusive in the field.
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Implied preemption
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1) If federal laws are mutually exclusive, federal law preempts state law (impossible to comply with both)
2) If state law impedes the achievement of a federal objective 3) Congress evidenses a clear intent to preempt state law |
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Inter-governmental immunity
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States may not tax or regulate federal government activity
*Can tax private owners on federal land *Cannot tax government owners on federal land *Does not have to comply with state pollution contro/environmental laws |
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Dormant Commerce Clause (does not discriminate)
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If Congress has not legislated in an area where a state law has that burdens interstate commerce, the law can potentially violate the dormant commerce clause.
*if the state law does not discriminate against out of staters then the law will violate the dormant commerce clause if its burdens exceed its benefits. |
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Dormant Commerce Clause (discriminates)
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*if the law discriminates against out of staters, it violates the dormant commerce clause unless it is necessary to achieve an important government purpose
Exceptions: -Congressional approval -Market participant: a state or local government may prefer its own citizens in receiving benefits from government programs, or in dealing with government owned business |
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Privileges and Immunities Clause of Article IV
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If the law discriminates against out of staters with regard to their ability to earn their livelihood, in violates PIC unless it is necessary to achieve an important government purpose
-Discriminate civil liberties or important economic activities -Corporations and aliens cannot assert (only citizens) -DISCRIMINATION must be necessary... |
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State Taxation of interstate commerse
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-States can't use tax systems to help-in state business
-May only tax activities if there is a substantial nexus to the state -State taxation of interstate business must be fairly apportioned |
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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
-court the rendered judgment had PJ and SJ -judment was on the merits -judgment final |