Supremacy
What does the Supremacy Clause [Art vi sec 2] state?
Is Federalism a legal rule or an ideology?
Federalism is an ideology because there is no Federalism Clause. It expresses a preference for state sovereignty.
The Commerce Clause states that Congress can regulate commerce under what three scenarios?
When exercising its Commerce Power, Congress is allowed to pass laws that closely resemble laws that a state might enact under its police powers; so long as Congress is in fact regulating commerce in one of the ways identified below, the similarity between the laws is not an obstacle.
Cross Border transactions
Infrastructure of Cross Border Transaction
In-state activity with substantial affects on interstate commerce
The power "to make laws necessary and proper for carrying into execution" all other federal powers exemplifies what clause?
The Necessary and Proper Clause found in Art 1 sec 9 cl 18
Is there a federal law powers issue, supremacy issue, or individual rights issue in the ObamaCare case? Explain.
This is a federal laws powers question. The federal government enacts an individual mandate that requires all "individuals to obtain insurance." This was seen as regulating private activity that requires individuals to pay a tax if they do not obtain insurance.
Define the term structural limit and structural limit of supremacy.
A structural limit prevents one part of the govt from exercising a power reserved for another part.
The structural limit of supremacy means that states cannot exercise powers reserved for the federal govt.
Define the structural limit of federalism.
The structural limit of federalism means that the fed govt cannot exercise powers reserved for the states.
According to the Spending Clause what can tax money be used for?
The same clause in the constitution that authorizes taxation says that tax money may be used "to pay the debts and provide for common defense and general welfare of the United States"
No case has ever declared that a spending program fails to advance the common defense of general welfare.
Which two cases describe the degree of relationship required for Item B: Are the Means "Rationally Related" to Implementation of the Power from the Necessary and Proper Clause.
1. McCulloch v. Maryland (creation of federal bank)
"Let the end be legitimate and all means are constitutional"
2. US v. Comstock (civil-commitment proceedings constitutional against prisoners accused of sexual abuse)
"... we look to see whether a statute constitutes a means that is rationally related to the implementation of a constitutionally enumerated power"
In characterizing the individual mandate, the government gets their source of power from what enumerated power?
"Individuals Must Obtain Insurance"
via the Commerce Clause + the Necessary and Proper Clause
"Individuals Must pay a tax if they do not obtain insurance"
via the Taxing Clause
Supremacy is exemplified but what clause [hint: not the Supremacy Clause] in the U.S. Constitution, and when does it occur?
Supremacy is exemplified by the Preemption Clause. Preemption occurs when state laws conflict with federal statutes.
How is Federalism exemplified? Explain.
Federalism is exemplified by Commandeering and the 10th Amendment. In commandeering cases, federalism acts as a structural limit preventing Congress from making an otherwise acceptable use of an enumerated power.
Commandeering - Commandeering occurs when the federal government commands state governments to "enact" or "administer" a "regulatory program" -- a program that regulates private citizens – that the federal government could enact and administer itself
10th Amendment - The 10th amendment is best read as textual evidence that the Constitution's overall structure includes states whose sovereign powers are not limited by the enumeration that controls the federal government
Describe the Dole Factors and their relevance to the Spending Clause Kickstater.
The leading case of South Dakota v. Dole described five factors that should be present for a condition on federal spending to be constitutional.
Dole Factors:
1. Common Defense and General Welfare
2. Clarity
3. Germaneness
4. Constitutional Violations
5. Coerciveness
Define the structural limit of separation of powers.
The structural limit of separation of powers means that branches within the fed govt (legislative, executive, and judicial) may not take actions reserved for other branches; each branch of the US Government has exclusive and concurrent powers with the other branches.
In imposing the Medicaid Expansion, where did Congress get its source of power? Explain why there is concern over federalism.
Congress gets their source of power from the Spending Clause. There is concern over the expansion because it no longer looks like the original plan that was a program to care for the neediest, rather it looks like a re-write "to create a national plan to provide universal healthcare (Justice Roberts)." The expansion included all adults earning <133% of federal poverty level and benefits for all recipients must meet "essential health benefits" package.
There is a concern over federalism because without enacting the expansion programs states could lose up to 20% of state funds which is considered coercive.
Explain the differences between Express Preemption and Implied Preemption.
Express Preemption - express language indicating how a federal statute will interact with state laws
Implied Preemption - when a state law is alleged to conflict with a federal statute in a way not resolved by an express preemption clause, a court must determine whether the statute taken as a whole implies that certain state laws should be preempted
Implied Conflict Preemption - exists where there is a federal statute without preemption clauses and the court must determine whether the statute, taken as a whole, implies that certain state laws should be preempted
Impossibility Preemption - aka “direct conflict” occurs when it is physically or legally impossible for a person to obey both the federal and state statutes [rare]
Obstacle Preemption - Occurs when state law enacts an obstacle to, or undercuts the effect of the federal law [most common]
Implied Field Preemption - if Congress chooses to "occupy a field" there can be no state or local laws on the subject [rare also]
Give a case example where the federal govt exemplified commandeering of the state legislature to enact a federal regulatory program and was struck down by the Supreme Court.
New York v. the United States (1992)
A federal statute [passed through the Commerce Clause] indicated that if it did not pass laws to dispose of low-level radioactive waste, it becomes the owner of all such waste generated within the state. The supreme court held that Congress could not force a state to pass laws about waste disposal.
or
Murphy v. NCAA (2018)
A federal law stating that it is unlawful for any state or local government to license or authorize any gambling or sports was considered commandeering because the federal govt is telling the states what to do instead of making it a federal crime.
[commandeering the state legislature]
What does the Taxing Clause say about Congress' enumerated powers?
One of Congress' enumerated powers is "to lay and collect taxes, duties, imposts and excises" Art 1 sec 8 cl 1
What is significant about the Vesting Clauses?
Sometimes the text of the constitution is sufficiently clear on its own to resolve some separation of powers questions.
The text assigns general roles for each branch though language known as the vesting causes.
What type of preemption do we see in Arizona v. U.S (2012). How do you know?
Sec 3: Failure to Comply with Federal Non-Citizen Registration Laws is a State Crime
This is Implied Field Preemption, the field being "non-citizen registration laws." The federal govts' occupation of this field is shown through case precedent.
Sec 5C - Accepting Employment While a Non-Citizen is a State Crime
This is an Implied Preemption Obstacle because it is clear that Congress took the affirmative step to not criminalize employees, only employers. The obstacle is imposing criminal liability when the federal govt deliberately chose to avoid it.
Sec 6 - State Officer May Arrest w/o Warrant a Person Believed to be Removable Due to Public Offenses
This is an Implied Preemption Obstacle because the govt doesn’t want state police to act on the matter of who stays and who goes because the fed govt trains its own employees to make those decisions.
Sec 2C - State Officers are Required to Investigate the Immigration Status of Some Stopped Persons
No Preemption here because federal law allows information sharing.
Give a case example where the federal govt exemplified commandeering of state or local officers to administer a federal regulatory program and was struck down by the Supreme Court. How does Reno v. Condon compare?
Printz v. United States (1997)
A federal statute was implemented that required local law enforcement to make reasonable efforts to ascertain by checking available databases if a proposed gun buyer is ineligible. The federal govt has the commerce clause power to enforce background checks because guns impact interstate commerce; however, the Supreme Court held the federal govt exceeded their authority because they cannot force local sheriffs to perform background checks.
[commandeering of state or local officers to administer a fed. reg program]
Reno v. Condon (2000)
A federal statute implemented that says state depts of motor vehicles cannot disclose information about individuals gathered during the licensing process without their consent. The Supreme Court held this was a proper use of Congress's regulation of interstate commerce through the Commerce Clause because data was being sold. Further, the statute was not considered commandeering to regulate a state because it is not requiring states to change their laws or assist in enforcing the law.
[commandeering to regulate a state]
What are the Non-Exclusive Considerations in determining what is a tax versus a penalty?
Tax
1. Proportional to amount or value of things taxed
2. A tax-like amount
3. Owed even if taxed activity is performed without bad intent (scienter)
4. Codified and enforced like other taxes
5. Little coercive purpose or effect
6. Uses words like "tax"
Penalty
1. Not proportional
2. Punitive Amount
3. Owed only if taxed activity performed with scienter
4. Codified and enforced unlike other taxes
5. Coercive purpose or effect
6. Used words like "penalty" or "fine"
Define Justice Jackson's Theory of Presidential Power and when is it considered.
Jackson's theory of presidental power [from Youngstown Sheet case] is used with disputes between congress and the executive powers whereby the presidents actions are categorized within three zones:
1. President Acts in Pursuant to Statute [no separation of powers problem]
2. President Acts While Congress is Silent [act of power depends on imperatives of events]
3. President Acts Contrary to Statute [president wins only is the power is exclusively executive]