718253
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Mapa Mental por ditzymuffin, atualizado more than 1 year ago
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Criado por ditzymuffin
mais de 10 anos atrás
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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
- 1. If the federal law and state law are
mutually exclusive (not possible to
simultaneously comply with both)
- i. Express Preemption: Federal
statute explicitly says that federal
law is exclusive in an area
- 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
- 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
- - 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 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
- 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. 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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