Preemption
When is obstacle preemption applied?
Where the state / local law would interfere or frustrate the objectives of the federal law.
When is the only time a law discriminating against out-of-state goods or nonresident economic actors be sustained?
If the state/local law is narrowly tailored to achieve a legitimate local purpose.
No reasonable nondiscriminatory alternatives adequate to achieve legitimate local interests.
What are the 2 things that the Privileges AND Immunities Clause prohibit states from doing?
Prohibits states from discriminating against the citizens of other states with respect to (1) constitutional rights and (2) important economic activities.
What is the Lugar 2-part test?
1. Did the deprivation result from exercise of a right / privilege sourced from state authority?
2. Can the private party charged with the deprivation be fairly described as a state actor?
Prior to the passage of the Reconstruction Era amendments after the Civil War, SCOTUS held that the Bill of Rights applied only to whom?
Bill of Rights applied only to federal, not state / local, action that infringed upon individual rights.
What are the 2 questions courts should use to construe the meaning and scope of the provision?
1. What, if anything, did Congress intend to preempt; AND
2. Whether the challenged state or local action falls within the scope of what Congress intended to preempt.
What are the 2 exceptions to the dormant commerce clause?
1. Congressional approval
2. Market-participant
With regard to the Privileges OR Immunities right to travel, a discriminatory state statute will not survive if what is available?
A non-discriminatory alternative
What is the public functions exception?
Private conduct must comply with the Constitution when it is performing a task traditionally done exclusively by the government.
What amendment allowed for the incorporation of the Bill of Rights to state / local governments?
14th Amendment
When is conflict preemption applied?
What is the Pike balancing test?
A nondiscriminatory state or local law / regulation burdening interstate commerce will be upheld so long as the benefits to the state or locality outweigh the burden on interstate commerce.
How does the Privileges OR Immunities Clause protections differ from the Privileges AND Immunities Clause protections?
Privileges OR Immunities Clause protects only the "privileges or immunities" pertaining to citizenship of the United States, not those that pertain to state citizenship
Why would the enforcement of racial covenants by state / local judges in a court of law constitute state action under the entanglement exception?
State judges would in effect be affirmatively facilitating unconstitutional conduct.
Under the selective incorporation doctrine, a right will be deemed fundamental (and therefore incorporated against state / local governments) if those rights are what?
Implicit in the concept of ordered-liberty OR
Deeply rooted in our nation's history and traditions.
When is field preemption applied?
The court concludes Congress intended to "fully occupy the field" leaving no room for supplemental regulation in that legal area.
What is the market-participant exception?
Where state is acting as a market participant rather than a regulator - the dormant commerce clause does not apply and its discriminatory actions against out-of-staters is permitted.
What is the 2-step test for identifying whether or not the Privileges AND Immunities Clause has been triggered?
1. Whether the law discriminates against citizens of other states with respect to a fundamental right or important economic activity;
2. If so, whether there is a substantial reason for the discrimination that substantially relates to the State or localities' objectives. (Substantial substantial test)
Entanglement Exception
Private actors must comply with constitutional rights protections if the government affirmatively authorizes, encourages, or facilitates the unconstitutional conduct.
What is the only Amendment in the Bill of Rights to NOT be incorporated by SCOTUS to the states? (Almost certain this will not be tested but I had to fill in the gap)
The Third Amendment: the right of citizens to not have soldiers quartered in their homes without their consent during peacetime
To determine congressional intent, courts consider what? (Rank in order of priority)
1. Plain meaning of the text
2. Context and structure of the statutory scheme in which the text is located
3. Legislative history
4. Canons of statutory construction
What are downstream conditions?
Where the market-participant exception does NOT apply to conditions that have a substantial regulatory effect outside of the particular market the state is actually participating in.
What are the 3 ways that the Privileges OR Immunities Clause protects the right to travel?
1. Allowing citizens to move freely between states;
2. Securing the right to be treated equally in all states when visiting; AND
3. Securing the rights of new citizens to be treated like long-time citizens.
What are the factors to consider with regards to Step 2 of the Lugar Test?
1. Extent the private actor relies on government assistance / benefits
2. Whether actor performs traditional government function
3. Whether the injury caused is aggravated in a unique way by governmental authority
What is reverse incorporation used for and what amendment allows the Court to interpret such?
To make provisions that apply to the states alone applicable to the federal government.
The 5th Amendment