State v. Federal
Principle that state and local laws are unconstitutional if they place an undue burden on interstate commerce
What is the dormant commerce clause?
President wants to have Sec of Commerce take over possession and operate steel mills, Owners think this is a legislative function not authorized by Congress or the Constitution...
What is Youngstown -
apex (height of power),
twilight (concurrent or uncertain authority, if Congress silent, seems they acquiesce),
nadir (congress explicitly said NO)?
Tax & Spend
Congress shall have the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for (spend) the common defense and general welfare of the United States, but all duties shall be uniform throughout the United States.
Can Congress tell the courts to apply a different rule of law to a case after trial?
Yes, Congress can do this, they did it in Bank Markazi (as long as case still pending).
1. State Law
2. No action by feds
3. Does it discriminate against interstate commerce?
Dormant Commerce Clause
Exceptions to dormant commerce clause
1. Congressional approval (if Congress approves, no dormant CC analysis)
2. Market participant (state acting as participant, not regulator)
The notion that the president is the sole voice in foreign affairs is very strong. (Case and Facts)
Curtiss-Wright - US wants to hold CW liable for selling guns to Bolivia against embargo. Court does not want to say that Congress delegated this to the president, instead they make a historically inaccurate argument about British crown.
This part of the constitution EMBODIES federalism
10th Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Ambassadors are members of the executive branch, president negotiates treaties, so the president has _____ power.
Case: Zivotofsky, recognition power.
Standing. Prudential, rule against 3P standing. Do they have it?
Types of preemption
Express (tobacco)
Implied (conflict, FOP, field)
Congress passed a law that forced states to take title to their radioactive waste if they could not find a way to dispose of it.
New York v. U.S. - Congress cannot force states to enact or administer a federal regulatory program. This is commandeering the state's power.
This clause gives the president power over administrative agencies
Take Care Clause -
Article III §3: “shall take care that the laws be faithfully executed”
The two cases we will use to argue a tax/spend question on the exam (and the %)
Dole (5% highway funds) & Sebelius (10-20% of state budgets).
Factors:
1. General welfare (defer to Congress)
2. Unambiguous – state must be able to knowingly choose
3. Related to a federal interest in programs (general welfare)
4. Cannot conflict with another part of the Constitution
5. Consequence cannot be so coercive there is no real choice
The attorney general subpoenas the president's most trusted advisor regarding the president's decision to support drone strikes in Yemen.
Executive Privilege... what kind should the president argue is at play?
3 types of laws that discriminate against interstate commerce
What are Facially discrim, laws with a discrim effect, laws with a discriminatory purpose
President being sued for civil damages because he fired employee for disloyalty.
Nixon v. Fitzgerald - President has absolute immunity from civil damages lawsuits for official actions taken while in office.
This clause must be attached to an enumerated power, it has no power by itself...
Necessary and Proper Clause
How do treaties work?
“He shall have Power with the advice and consent of the senate to make treaties, provided 2/3 concur"
The president is worried about our oil supplies, and reasons that running out of oil could jeopardize our national security because we couldn't fly our fighter jets. Therefore, the president decides to lift tariffs on oil from Venezuela to stabilize prices. Congress has not passed a bill that authorizes this action.
What is state sovereign immunity? Which amendment?
Congress cannot authorize suits against state governments in state court. State governments may not be sued in state court, even on federal claims, without their consent. (11th)
ACA passed by Congress in 2010, wanted to increase health insurance coverage. Individual mandate imposed a penalty paid during tax filing if person did not have health insurance coverage. Medicare expansion required states to cover everyone up to 135% of the poverty line or lost Medicare funding entirely.
Ntl Fed of Ind Businesses v. Sebelius
Individual mandate - Does not have the power under the commerce clause because Congress cannot compel people to engage in commerce. Congress can regulate activities that are already happening.
Medicare - Court said this was a different medicare program altogether.
Standing
Case or Controversy requirement
Court will not intervene in Exec/Cong disputes if both sides have not yet asserted their full authority. Which case?
Goldwater
Congress passes the Arm Your Teachers Act in response to troubling statistics on school shootings. The act requires state governments to train teachers in firearm use in case of an intruder.
10th Amendment (Coles likes!) - NY/Printz. You would compare facts, is this forcing the states?