Commerce Clause and Preemption

Federalism

Federalism

the relationship between the federal government and the states

Supremacy Clause

federal law, where applicable, superior to state law

Concurrent jurisdiction

when the federal statute or regulation does not occupy the entire field and there is room for state regulation

Strict Scrutiny

a standard of Supreme Court review for constitutionality, applied to equal protection issues of race, country of origin, and religion

Intermediate Scrutiny

a midlevel standard of Supreme Court review, applied to "classes" such as sex/gender-based classifications

Rational Basis

the lowest level of Supreme Court review, where courts are generally deferential to the government and the plaintiff must prove that there is no legitimate government interest and no reasonable link between the challenged law and the government's interest

Commerce Clause

a clause in Article I, Section 8 of the Constitution that grants Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes

Dormant Commerce Clause

the idea that the Commerce Clause allows the federal government to regulate commerce inside a state and can also restrict state laws that unduly burden interstate commerce

Protectionism

state legislation that discriminates against certain commercial activity for protectionist purposes

Geographic Discrimination

when state laws discriminate against certain commercial activity based on geographic location

Express Preemption

when the enabling statute explicitly states that it preempts all other regulation in the subject area

Implied Preemption

when the federal statute either occupies the entire field of the subject matter or conflicts with state law, frustrating the objectives of Congress or making compliance with federal law impossible

Statutory Savings Clauses

provisions in federal statutes that allow for the coexistence of state and local laws and regulations, delegate administration of federal statutes to the states, or preserve common law causes of action

Compact Clause

a restriction on states' authority to enter into agreements