4.3 Federalism

When a valid federal law and a state law conflict, the […] law prevails.

federal

The Supremacy Clause makes the Constitution and [..1..] the “[..2..]” of the land.

federal laws, supreme Law

The doctrine where a comprehensive federal law is so dominant it precludes state law even without a [..1..] is called [..2..]

direct conflict, preemption

T/F: If a hypo involves only a state law with no conflicting federal statute, the Supremacy Clause is the central issue.

F

States possess inherent police power to regulate for the:

• [..1..]

• [..2..] and

• [..3..] of their citizens.

health

safety

welfare

A state's police power is reserved to it by the […] Amendment.

Tenth

T/F: A state can enact a law that is less restrictive than a federal standard if it would undermine the federal law's purpose.

F

Unlike states, the federal government has NO general […]

police power

To legislate, Congress must tie its laws to an […]

enumerated power

A state can generally make its public health and safety laws [..1..] restrictive than federal standards, provided there is [..2..]

more, no conflict

The General Welfare Clause grants Congress the power to [..1..] and [..2..] for the general welfare. This is not an independent power to [..3..]

tax, spend, legislate

T/F: The General Welfare Clause provides Congress a standalone power to pass any law it deems necessary for the good of the country.

F

An answer choice suggesting a federal law is constitutional merely because it promotes the “general welfare” (outside of taxing and spending) is typically […]

incorrect

The anti-[..1..] doctrine states that the federal government cannot compel states to enact or enforce [..2..]

commandeering, federal laws

A federal statute that […] a state legislature to enact a specific environmental regulation is unconstitutional.

requires

T/F: A federal law requiring state police to enforce a new federal database is a constitutional exercise of federal power.

F

Congress can encourage state action by conditioning the receipt of […] on compliance with federal rules, but it cannot compel action.

federal funds

T/F: States may regulate interstate commerce subject to the negative implications of the Commerce Clause

T

The […] prohibits states from passing laws that improperly burden or discriminate against interstate commerce.

Dormant Commerce Clause

If Congress has not acted, state regulation of interstate commerce is valid if:

• the regulation does not discriminate against [..1..] to benefit local economic interests AND

• does not [..2..] interstate commerce.

If the regulation discriminates against interstate commerce, it is valid if it is [..3..] to an important, [..4..] government interest.

out-of-state competition

unduly burden

necessary

noneconomic

DCC Exceptions (2)

• When a state acts as a [..1..]

• When a regulation is [..2..] to further an [..3..], noneconomic state interest such as health or safety.

  • necessary means there are no [..4..]

• market participant

• necessary, important

• reasonable alternatives

A state law that facially discriminates against out-of-state commerce is presumptively invalid and subject to […]

Strict Scrutiny

To survive strict scrutiny, a state must show a discriminatory law is [..1..] to achieve a [..2..] government interest.

necessary, compelling

A facially neutral state law that incidentally burdens interstate commerce is subject to the […] balancing test.

Pike

The Pike Test Balances:

1. The burdens a [..1..] law imposes on [..2..] commerce and the

2. [..3..] local benefits the state law seeks to achieve.

The core principle of the Pike Balancing Test is that a state law will be upheld unless the burden it imposes on interstate commerce is "[..4..] in relation to the reputed local benefits."  

1. facially neutral state

2. interstate

3. legitimate

4. clearly excessive

DCC Exception

A state law discriminating against interstate commerce may be valid if there is explicit […]

Congressional approval

The [..1..] exception allows a state to favor its own citizens when it acts as a [..2..], not as a [..3..]

1. market-participant

2. buyer or seller

3. regulator

T/F: A state-owned university can charge lower tuition to in-state residents under the market participant exception to the DCC.

T

The […] Clause requires that a valid final judgment from one state be given the same effect in sister states.

Full Faith and Credit

For full faith and credit to apply:

• the rendering court must have had proper [..1..] AND

• the judgment must be a [..2..]

1. jurisdiction

2. final judgment on the merits

T/F: A state court can refuse to enforce a judgment from another state if it had proper jurisdiction but the court believes the judgment was legally incorrect.

F