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14 Terms
1
Federalism
the relationship between the federal government and the states
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2
Supremacy Clause
federal law, where applicable, superior to state law
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3
Concurrent jurisdiction
when the federal statute or regulation does not occupy the entire field and there is room for state regulation
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4
Strict Scrutiny
a standard of Supreme Court review for constitutionality, applied to equal protection issues of race, country of origin, and religion
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5
Intermediate Scrutiny
a midlevel standard of Supreme Court review, applied to "classes" such as sex/gender-based classifications
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6
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
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7
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
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8
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
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9
Protectionism
state legislation that discriminates against certain commercial activity for protectionist purposes
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10
Geographic Discrimination
when state laws discriminate against certain commercial activity based on geographic location
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11
Express Preemption
when the enabling statute explicitly states that it preempts all other regulation in the subject area
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12
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
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13
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
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14
Compact Clause
a restriction on states' authority to enter into agreements
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