Constitutional Law - Quiz 3 [CANVAS]

What is Anti-Commandeering?

The prevention of federal law from forcing states to use state resources to exact federal law.

Should there be a conflicting state law for a federal law to be considered commandeering?

No, a conflicting state law is not needed.

What branch of the government may override anti-commandeering?

Judicial

What singular state action may Congress commandeer?

Nullification

What were the Facts of New York v US (1992)?

Federal law required states to take ownership of radioactive waste if it was not disposed of properly.

What was the Issue in New York v US (1992)?

Did Congress have the authority to require states to take ownership of radioactive waste if it was not disposed of properly?

What was the Ruling of New York v US (1992)?

Congress does not have the authority to require states to take ownership of radioactive waste.

What was the Reasoning for New York v US (1992)?

By requiring states to take ownership of radioactive waste, Congress would be commandeering.

What was the Precedent set by New York v US (1992)?

Congress may not commandeer states, even if it has Constitutionally-granted power to do so.

What were the Facts of Printz v US (1997)?

Federal law required sheriffs to take on additional duties.

What was the Issue in Printz v US (1997)?

Did Congress have the authority to require sheriffs to take on additional duties?

What was the Ruling in Printz v US (1997)?

Congress does not have the authority to require sheriffs to take on additional duties.

What was the Reasoning for Printz v US (1997)?

Federal law cannot regulate the state legislature.

What was the Precedent set by Printz v US (1997)?

Congress cannot force states to do tasks assigned to Congress.

What were the Facts of Reno v Condon (2000)?

South Carolina released drivers' info, against federal law.

What was the Issue in Reno v Condon (2000)?

Is Congress' regulation of the release of info commandeering?

What was the Ruling in Reno v Condon (2000)?

Congress is not commandeering by regulating the release of info.

What was the Reasoning in Reno v Condon (2000)?

Congress' regulation law is generally applicable and does not target South Carolina, and is therefore not commandeering.

What was the Precedent set by Reno v Condon (2000)?

Generally applicable laws are not commandeering.

What is Preemption?

When state law and federal law conflict, Congress has supremacy.

Who must a law be regulating for it to be considered preemption?

Private actors, not state.

What are the four types of preemption?

Express, Impossibility, Obstacle, Field

What is the result of preemption?

Congress has the authority to nullify any state law that is in conflict with federal law.

What were the Facts of Arizona v US (2012)?

Arizona added its own laws to federal regulation of immigration.

What was the Issue in Arizona v US (2012)?

Does Arizona law preempt federal law?

What was the Ruling in Arizona v US (2012)?

Arizona law preempts federal law.

What was the Reasoning for Arizona v US (2012)?

Arizona law preempts federal law by becoming an obstacle to the execution of federal law.

What was the Precedent set by Arizona v US (2012)?

Even if it aligns with federal law, state law may still be an obstacle to federal law.

What were the Facts of Haaland v Brackeen (2023)?

Texas law required courts to prioritize the best interest of a child, whereas federal law required courts to prioritize selecting a guardian also of Native American ethnicity.

What was the Issue in Haaland v Brackeen (2023)?

Did Texas law preempt federal law?

What was the Ruling in Haaland v Brackeen (2023)?

Texas law preempts federal law, the federal law has authority.

What was the Reasoning for Haaland v Brackeen (2023)?

If the federal law is constitutional, it takes precedent over the state law.

What is the Dormant Commerce Clause?

Forbids states from discriminating against out-of-state commerce.

What is the Dormant Commerce Clause test?

1. Does state law burden interstate commerce? 2. Is the state permitted to act as a market participant? 3. Does state law facially discriminate against interstate commerce?

If a state law is facially discriminatory against interstate commerce, it is unconstitutional, unless:

1. It is the least discriminatory method, or 2. There is a legitimate state purpose.

If a state law is not facially discriminatory against interstate commerce, it is constitutional, unless:

1. It has a discriminatory purpose, or 2. It has an adverse impact on interstate commerce that exceeds any legitimate purpose.

What were the Facts of Philadelphia v New Jersey (1978)?

New Jersey banned the import of waste.

What was the Issue in Philadelphia v New Jersey (1978)?

Does New Jersey's ban on the import of waste unduly affect interstate commerce?

What was the Ruling in Philadelphia v New Jersey (1978)?

New Jersey law interferes with interstate commerce.

What was the Reasoning in Philadelphia v New Jersey (1978)?

New Jersey law discriminates against out-of-state commerce.

What was the Precedent set by Philadelphia v New Jersey (1978)?

States may not interfere with interstate commerce.

What were the Facts of Hunt v Washington Apple Advertising Commission (1977)?

North Carolina law required apples to have a US grade or no grade at all, which impact the sale of apples imported from Washington state.

What was the Issue in Hunt v Washington Apple Advertising Commission (1977)?

Does North Carolina law violate the DCC?

What was the Ruling in Hunt v Washington Apple Advertising Commission (1977)?

North Carolina law violates the DCC.

What was the Reasoning in Hunt v Washington Apple Advertising Commission (1977)?

While North Carolina's does not facially discriminate against interstate commerce, it unreasonably impacts Washington state's commerce.

What was the Precedent set by Hunt v Washington Apple Advertising Commission (1977)?

Non-facial discrimination may still be discrimination.

What were the Facts of Camps Newfound/Owatonna v Town of Harrison (1997)?

Maine put higher taxes on charities that benefited more non-Maine residents than Maine residents.

What was the Issue of Camps Newfound/Owatonna v Town of Harrison (1997)?

Does Maine's law violate DCC?

What was the Ruling of Camps Newfound/Owatonna v Town of Harrison (1997)?

Maine's law violates the DCC.

What was the Reasoning for Camps Newfound/Owatonna v Town of Harrison (1997)?

Maine law discriminates in favor of businesses that favor Maine residents.

What was the Dissent in Camps Newfound/Owatonna v Town of Harrison (1997)?

Congress has no DCC over the case as it cannot regulate real estate taxes.

What were the Facts of National Pork Producers Council v Ross (2023)?

California banned the sale of pork that was raised inhumanely.

What was the Issue in National Pork Producers Council v Ross (2023)?

Does California's law violate the DCC?

What was the Ruling in National Pork Producers Council v Ross (2023)?

California's law is legal under DCC.

What was the Reasoning in National Pork Producers Council v Ross (2023)?

The burden of California's law on interstate commerce does not exceed the purpose of California's law.