Mindmap
IV. Federalism → Limits on State local government power

Mind map: federalism limits on state power
Inhalt der Mindmap
IV. Federalism → Limits on State local government power
Supremacy Clause-Art. VI cl. 2.- This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
- a. Article VI, cl. 2 contains the Supremacy Clause which says that if there is a conflict between a valid federal law and a valid state or local law, the state or local law is deemed to be preemptive and is struck as invalid
- b. If the federal law is unconstitutional, then the 10th Amendment kicks in and the State law is valid
- c. Preemption can be found in the following situations:
- i. Express Preemption: Federal statute explicitly says that federal law is exclusive in an area
- ii. Implied Preemption: Even if the federal statute is silent, there can still be implied preemption
- 1. If the federal law and state law are mutually exclusive (not possible to simultaneously comply with both)
- 2. If a state local law impermissibly interferes the objective of a federal law
- 3. Congress evidences a clear intent to preempt the state local laws through its legislative history
- d. States may not tax or regulate federal government activity i. The power to tax is the power to destroy, and if states could impose a tax on the federal government, they would be able to tax them out of existence
- A. Preemption
- Federalism is the vertical relationship between the federal government and states
- - Separation of powers is the horizontal relationship between the federal government and states
- - Article I – Legislative (Congress) → makes laws
- - Article II – Executive (President) → executes the laws Congress makes
- - Article III – Judicial → interprets laws
- - Article II – Executive (President) → executes the laws Congress makes
- - Article I – Legislative (Congress) → makes laws
- - Separation of powers is the horizontal relationship between the federal government and states
B. Article IV Dormant Commerce Clause and Privileges and Immunities Clause -
- PRIVILEGES AND IMMUNITIES CLAUSE- Art IV, § 2, cl. 1-The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
- i. No state may deprive citizens of other states of the privileges and immunities it grants its own citizens
- ii. It is an anti-discriminatory provision that limits the states from discriminating against citizens of other states
- iii. Even if you are denied a fundamental privilege, you will lose if you are a citizen of the peculiar source of evil which the state is trying to prevent
- iv. Deals only with temporary interstate travel
- v. i.e. City of Camdon
- iv. Deals only with temporary interstate travel
- iii. Even if you are denied a fundamental privilege, you will lose if you are a citizen of the peculiar source of evil which the state is trying to prevent
- ii. It is an anti-discriminatory provision that limits the states from discriminating against citizens of other states
- c. Privileges or Immunities Clause of the 14th Amendment
- i. This is always the wrong answer unless the question involves the right to travel
- i. No state may deprive citizens of other states of the privileges and immunities it grants its own citizens
- PRIVILEGES AND IMMUNITIES CLAUSE- Art IV, § 2, cl. 1-The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
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- Graduate/law school Con Law Mindmap am IV. Federalism → Limits on State local government power, erstellt von ditzymuffin am 04/04/2014.
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