IV. Federalism → Limits on State local government power

IV. Federalism → Limits on State local government power

1. 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

2. - 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

3. 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
     • c. Privileges or Immunities Clause of the 14th Amendment
       • i. This is always the wrong answer unless the question involves the right to travel