Module 4 - RELATIVE SPHERES OF FEDERAL AND STATE POWERS

What is an example of a power exclusively held by the federal government because it is expressly limited to states?

Treaty power and coinage of money.

Why are some powers exclusively federal under "Inherent Federal Powers"?

Because the nature of the power, such as declaration of war and federal citizenship, can only be exercised by the federal government.

What powers are reserved to the states?

All powers not delegated to the federal government are reserved to the states, though few state powers are exclusive due to the expansive interpretation of federal powers.

What does the Supremacy Clause in Article VI establish?

The Constitution, laws, and treaties made under it are the supreme law of the land, meaning federal law preempts conflicting state or local laws.

What is Express Preemption?

When a federal statute explicitly states that federal law is exclusive in a particular field.

What is Implied Preemption?

Federal law impliedly preempts state law when:

1) federal and state laws are mutually exclusive,

2) state law prevents achieving federal objectives, or

3) Congress shows intent to preempt the entire field.

What is Field Preemption?

When Congress clearly intends to preempt state law in a certain field, even if the state law doesn't directly conflict with federal law.

What is the presumption against preemption?

Courts presume that state laws involving health, safety, or welfare are not preempted by federal law unless Congress's intent to supersede is clear.

What is the doctrine of intergovernmental immunity?

States cannot regulate or interfere with the operations of the federal government under the Supremacy Clause.

Can states directly tax federal instrumentalities?

No, states cannot directly tax federal instrumentalities without Congress's consent.

What is the anti-commandeering principle under the Tenth Amendment?

Congress cannot force states to enact or enforce federal laws or enact state laws.

Under the doctrine of intergovernmental immunity?

states can't regulate the federal government or its agents while performing their federal functions (for example, a state can't require a member of the armed forces to have a driver's license to drive military equipment in the state).

Nondiscriminatory, indirect taxes are permissible

if they do not unreasonably burden the federal government (for example, state income tax on federal employees).

When is federal taxation of state government activities valid?

When the tax applies to both state and private entities, such as minimum wage laws.

The following acts were found to be invalid under this anti-commandeering principle

1) Requiring states to enact environmental regulations

2) Requiring local law enforcement to conduct background checks for a federal handgun law

3) Banning states from legalizing sports gambling

Non-Coercive Spending Conditions May Be Valid ★

Not all spending conditions are problematic.

Non-coercive spending conditions don't violate the anti-commandeering principle.

These conditional grants are sometimes referred to as grants with strings attached.

EXAMPLE: Congress can incentivize state or local officials to voluntarily assist in administering federal laws (for example, background checks or immigration enforcement) by providing federal dollars for doing so.

Under its Fourteenth Amendment enforcement powers,

Congress may restrict states from discriminating in violation of equal protection or depriving rights protected by due process (see infra).

What does the Full Faith and Credit Clause ensure?

State court judgments are recognized in other states if the court had jurisdiction, the judgment was on the merits, and it is final.