IV. Federalism → Limits on State local government power

Mind Map by , created over 5 years ago

Graduate/law school Con Law Mind Map on IV. Federalism → Limits on State local government power, created by ditzymuffin on 04/04/2014.

Created by ditzymuffin over 5 years ago
Due Process
A. Preemption
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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.
1.1 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
1.2 b. If the federal law is unconstitutional, then the 10th Amendment kicks in and the State law is valid
1.3 c. Preemption can be found in the following situations:
1.3.1 i. Express Preemption: Federal statute explicitly says that federal law is exclusive in an area
1.3.2 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
1.4 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
1.5 A. Preemption
2 - Federalism is the vertical relationship between the federal government and states
2.1 - Separation of powers is the horizontal relationship between the federal government and states
2.1.1 - 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 -
3.1 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.
3.1.1 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
3.1.2 c. Privileges or Immunities Clause of the 14th Amendment i. This is always the wrong answer unless the question involves the right to travel

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