Con Law: Federalism Writing Assignment

The Constitution

• establishes the framework of the federal government and fundamental rights for citizens

  • preamble

  • 7 articles (influenced by articles of confederation)

  • 27 amendments (starts with first 10 — bill of rights)

Preemption

• when fed law overrides, displaces, or limits the operation of state laws

  1. when congress says it intends to preempt state regulation

  2. when state law is inconsistent with fed. law

  3. when congress legislates a scheme that regulates a field

• not a formally repealed statute, but if it’s preempted, it can’t be enforced (zombie law)

Express Preemption

occurs when congress states in a statute that fed. law overrides

Implied preemption

when congress doesn’t explicitly state intent, but courts infer preemption

Field preemption

type of implied preemption when fed reg is so pervasive, theres no room for state law in that area

Conflict preemption

• type of implied preemption when

  • compliance with both state and fed law is impossible

  • state law becomes an obstacle

Commerce Clause

• gives Congress the authority to pass laws concerning interstate commerce, navigation, and economic activity that affects multiple states

  • enumerated federal power

The Dormant Commerce Clause

when the cc precludes state action even in the absence of federal legislations

The necessary and proper clause

• in any power fed gov (congress) has, they also the a duty to follow necessary and proper paths to enacting power

  • often called “elastic clause” or “helper clause” scotus decides how elastic it really is

The Supremacy Clause

• the fed gov. has supreme power in the areas where they have the right to legislate

• states have power when the legislate outside of fed jurisdiction

The 10th Amendment

• reaffirms that fed gov is one of many powers

  • bill of rights doesn’t affect fed power

  • other rights not listed in bill of rights lay with “states and people”

The 14th Amendment

defines citizenship, providing ALL with equal protection under the law

Taxing and Spending power

gives Congress the authority to collect taxes and spend federal money for the debts, common defense, and general welfare of the United States

Wickard v. Filburn

• fine for Filburn planting too much wheat, which he claimed as personal not commercial

• Filburn growing his own meant he wasn’t buying from others hence affecting commerce

  • commerce is subjected to the cc and thus fed. reg.

  → absence of participating in commerce

• use the aggregation argument: if everyone did this, it impacts interstate commerce

Lopez v. United States

• Lopez brought a concealed handgun to school

• originally charged under state law but later charged federally under Gun-free school zone act

  • ruled that doesn’t fall within interstate commerce and congress has no power to enact the ban

South Dakota v. Dole

• SD law set drinking age at 19, congress required move to 21 or they would lose 10% of fed. highway funding

• holding: outside of the 10th amendment, it’s constitutional for fed. gov. to attach conditions as long as they’re reasonable

  • can incentivize, not coerce

Printz v. United States

• newly signed gun control act forbids sales to certain people

• under Brady Handgun Act congress required law enforcement to perform background checks

• holding: congress can’t compel states to enact or enforce a fed red program

  • can’t circumvent by directly conscripting state officers

  • under 10th a fed gov can’t deputize (commandeer) states to do their bidding

National Federation of Independent Business v Sebelius

• 2010 Affordable Care Act stipulated people without health insurance pay a tax penalty

• included expansion of medicaid where states had to accept conditions to get all fed funds under medicaid

  • holding: congress has power under cc to require most Americans to purchase insurance, but exceeded t&s powers by withholding 100% of medicaid funding

    • pressured states into accepting conditions that congress couldn’t impose directly

McCulloch v. Maryland

• congress created the 2nd bank of the us →Mculloch of baltimore branch refused to pay state taxes (scotus rules in favor of McCulloch)

  • congress can creat a national bank (N+P)

  • maryland can’t tax the national bank (supremacy clause)

Gonzales v. Raich

• raich had personal growth and use of marijuana

  • aggregation principle from wickard applied bc it would take away from the market

US v. Morrison

• provision of violence against women act struck down and limmitted fed gov

  • women could sue in fed court individually for gender based violence for monetary compensation

• scotus ruled fed gov can’t create potential economic activity then regulate it

Arizona v. United States

• state deters unlawful entry

  • Couldn’t conduct stops without racial profiling

• immigration is preempted by fed law

Brown v. Board of Education Topeka

unanimously ruled “separate but equal” schools inherently violate equal protection clause of 14th Amendment

Marbury v. Madison

• Jefferson admin refuses to reinstate the Adams admin’s midnight judges

• holding: congress doesn’t have the power to pass laws that override the constitution

  • such as expanding the scope of the supreme court’s jurisdiction

Goals of the Federal Government

1. national security

2. domestic peace

3. public works (infrastructure)

IRAC

• issue

• rule (cases used for previous holdings)

• analysis (cases used for factual comparison)

• conclusion

Federalism Framework

1. Is the law/action federal or state?

2. Federal:

   1. is there an enumerated power?

      1. if yes, does it exceed the scope even with N+P

3. State:

   1. is it regulating in a fed. enumerated power?

      1. if yes, is there a conflict (preemption framework)

4. come to a clear conclusion about the laws/actions in question

Commerce Clause Framework

Look for how the courts answer:

1. What is commerce?

2. What does “among the several states” mean

3. does the 10th amendment act as a cap on cc power?

Commerce Clause over the years

Era 1: Founding era - expansive understanding of national power

• Gibbons v. Ogden

  • ferry monopolies

    • court finds commerce is broad - landmark case

Era 2: In great depression, new deal leg. created, - fed gov pushing bounds of what scotus will allow, court restricted congress’ power by creating boundaries to protect states

• Hammer v. Dagenheart

  • child labor (scotus limits congress’ power)

    • production isn’t commerce

• Schechter Poultry

  • not all transportation is commerce

• Carter v. Carter Coal Co.

  • bc mining is a local practice it isn’t commerce

    • manufacturing, production, and labor aren’t commerce

      • crossing state lines

Era 3: new deal era, FDR threatens to “pack” the court (maybe due to threats) courts abandoned strict limits of commerce power

• US v Darby

  • overturned hammer v dagenheart on labor

• NLRB v Jones+Laughlin steel

  • labor laws… ruled production of steel are military concerns

Era 4: federal limits, congress has broad but limited commerce power

• U.S. v Lopez

COMMERCE CLAUSE ISSUES

• Gibbons v. Ogden (1824)

• Hammer v. Dagenheart (1918)

• Scheter Poultry (1935)

• Carter v. Carter Coal Co. (1936)

• NLRB v Jones+Laughlin steel (1937)

• US v Darby (1941)

• Wickard v. Filburn (1942)

• Lopez v. United States (1995)

• Gonzales v. Raich (2005)

• US v. Morrison (2000)

• National Federation of Independent Business v Seblius (2012)

TAX AND SPENDING ISSUES

• South Dakota v. Dole

• National Federation of Independent Business v Seblius

10TH AMENDMENT ISSUE

• Printz v. United States

NECESSARY AND PROPER ISSUE

• McCulloch v. Maryland

SUPREMACY CLAUSE ISSUES

• McCulloch v. Maryland

• Marbury v. Madison

PREEMPTION ISSUE

• Arizona v. United States

14th AMENDMENT ISSUE

• Brown v. Board of Education Topeka