C: Federalism

SUPREMACY CLAUSE

Federal powers are superior to those of states.

EXPRESS PREEMPTION

IF a federal law explicitly states that it preempts state law, THEN the federal law supersedes the state law.

CONFLICT PREEMPTION

IF a state law prevents achievement of the federal purpose, THEN the federal law supersedes the state law.

FIELD PREEMPTION

IF Congress has passed such extensive regulation in an area that means to occupy the field and leave no room for state regulation in that field, THEN federal law supersedes state law.

DORMANT COMMERCE CLAUSE

States cannot pass laws that…
(i) discriminate against out-of-state commerce, OR
(ii) unduly burden interstate commerce

When is a state law that discriminates against out-of-state commerce unconstitutional?

when it is facially discriminatory OR has a discriminatory impact, UNLESS…
(i) market participant, OR
(ii) subsidies, OR
(iii) federal approval, OR
(iv) fallback

When does a state law place an undue burden on interstate commerce?

when the law clearly outweighs the putative benefit to the state/local gov’t

ARTICLE 4 PRIVILEGES AND IMMUNITIES CLAUSE

Art. 4 P&I Clause prevents the states from discriminating against non-residents, re:
(i) civil liberties (e.g. right to vote, interstate travel), OR
(ii) important economic activities (i.e. ability to earn a livelihood)
UNLESS…
(i) a substantial reason exists
(ii) the discriminatory law has a substantial relationship w/ that reason

FULL FAITH AND CREDIT CLAUSE

requires one state to enforce every other state’s judgments