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Quimbee, Federalism, available at https://www.quimbee.com/keyterms/federalism.
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1What is federalism?
What is federalism?2What are intergovernmental immunities?
What are intergovernmental immunities?3What immunities does the federal government enjoy from actions by state governments?
What immunities does the federal government enjoy from actions by state governments?4Congress passed a law allowing the federal government to build a dam on federal lands located within a state. The state government sought to stop c...
Congress passed a law allowing the federal government to build a dam on federal lands located within a state. The state government sought to stop construction of the dam because the federal government did not apply for or obtain the necessary construction permits from the state government.Can the state require the federal government to obtain state construction permits to build a dam inside the state?5Does the Supremacy Clause of the U.S. Constitution provide a general immunity from state law for federal employees acting within the scope of their...
Does the Supremacy Clause of the U.S. Constitution provide a general immunity from state law for federal employees acting within the scope of their employment duties?6A federal postal employee, in the process of delivering the mail, was arrested by a local police officer for driving while intoxicated in violation...
A federal postal employee, in the process of delivering the mail, was arrested by a local police officer for driving while intoxicated in violation of state law.The postal employee moved to dismiss the state criminal charges. The employee argued that, as a federal employee engaged in the discharge of her official duties, she was immune from arrest by state or local police officers.Is the federal postal employee immune from the state criminal charges because she was performing official federal duties at the time of the arrest?7May the states impose taxes on federal property without the express consent of Congress?
May the states impose taxes on federal property without the express consent of Congress?8Can Congress give the states authority to tax federal property or activities?
Can Congress give the states authority to tax federal property or activities?9What does the Tenth Amendment provide?
What does the Tenth Amendment provide?10What immunities does the state government enjoy from actions by the federal government?
What immunities does the state government enjoy from actions by the federal government?11Congress voted to admit an island as a new state to the union. Congress wanted the new state to relocate its capital to a city near a major militar...
Congress voted to admit an island as a new state to the union. Congress wanted the new state to relocate its capital to a city near a major military base on the island.May Congress direct the state to relocate its state capital to a particular city?12Can Congress require a state legislature to enact state legislation to implement a federal law?
Can Congress require a state legislature to enact state legislation to implement a federal law?13Concerned about the failure of the states to address the problem of teen suicide, Congress enacted a law requiring all states to establish teen-sui...
Concerned about the failure of the states to address the problem of teen suicide, Congress enacted a law requiring all states to establish teen-suicide-prevention programs. Congress claimed the law was necessary to promote the general welfare of the nation. The law gave the states broad discretion to determine how their programs were structured. One state sued, alleging that this federal law violated the Tenth Amendment to the U.S. Constitution.Does this federal law violate the Tenth Amendment?14Congress enacted a law that required states to impose mandatory annual testing for all automobile drivers who were 70 years and older. If a state f...
Congress enacted a law that required states to impose mandatory annual testing for all automobile drivers who were 70 years and older. If a state failed to enact a law imposing the mandatory testing within a year, then that state’s share of federal highway funds would be reduced by 10 percent until the state enacted the legislation. One state did not adopt a law imposing the mandatory testing. After one year, the federal government reduced that state’s annual highway-fund allocation by 10 percent. The state sued, arguing that the federal law requiring mandatory driver testing violated the Tenth Amendment to the U.S. Constitution. Is the state correct?15Can Congress require local and state law enforcement officers to enforce federal laws?
Can Congress require local and state law enforcement officers to enforce federal laws?16If Congress, under its Commerce Clause power, passes a law that does not specifically exclude the states from its reach, does that law automaticall...
If Congress, under its Commerce Clause power, passes a law that does not specifically exclude the states from its reach, does that law automatically apply to the states?17Does the Tenth Amendment to the U.S. Constitution prevent the federal government from regulating the states as market participants that buy or sell...
Does the Tenth Amendment to the U.S. Constitution prevent the federal government from regulating the states as market participants that buy or sell goods and services?18Congress enacted a new disclosure statute. Under this new statute, any entities that sold bonds to the public must have made certain mandatory disc...
Congress enacted a new disclosure statute. Under this new statute, any entities that sold bonds to the public must have made certain mandatory disclosures in the bond-offering prospectus. Congress included a plain and unambiguous statement in the statute which stated that the law’s disclosure provisions applied to states that sold bonds to the public. One state sold bonds to the general public but it did not make the mandated disclosures in the bond-offering prospectus. The federal government sought to enforce the new mandatory-disclosure requirement against the state. The state argued that the Tenth Amendment to the U.S. Constitution gave the state immunity from having to comply with this federal law.Is the state correct?19In addition to the federal government’s immunity from state taxation and regulation, what are the main federalism-based limits on state authority?
In addition to the federal government’s immunity from state taxation and regulation, what are the main federalism-based limits on state authority?20What does the Dormant Commerce Clause prohibit?
What does the Dormant Commerce Clause prohibit?21In the context of the Dormant Commerce Clause, what is a legitimate local objective that a state law may serve?
In the context of the Dormant Commerce Clause, what is a legitimate local objective that a state law may serve?22If a state law facially discriminates against out-of-state interests, what requirements must be met for the law to be constitutional under the dorm...
If a state law facially discriminates against out-of-state interests, what requirements must be met for the law to be constitutional under the dormant aspect of the Commerce Clause?23Concerned about the survival of local wild mountain trout, a state government prohibited selling locally caught wild mountain trout to out-of-state...
Concerned about the survival of local wild mountain trout, a state government prohibited selling locally caught wild mountain trout to out-of-state purchasers. A restaurant operated just across the state line and regularly purchased wild mountain trout from suppliers in the state. However, the ban on sales to out-of-state purchasers caused the restaurant a significant trout-supply problem that impacted the restaurant’s business. The restaurant sued, arguing that the ban violated the Dormant Commerce Clause.Does the ban violate the Dormant Commerce Clause?24What must a state seeking to defend a state law against a Dormant Commerce Clause challenge prove if the challenged law does not facially discrimin...
What must a state seeking to defend a state law against a Dormant Commerce Clause challenge prove if the challenged law does not facially discriminate against interstate commerce?25In a Dormant Commerce Clause case, how does the court weigh the state’s interest against the burden on interstate commerce imposed by the state law?
In a Dormant Commerce Clause case, how does the court weigh the state’s interest against the burden on interstate commerce imposed by the state law?26If a state regulation only incidentally impacts interstate commerce, what elements will a court balance to determine whether the regulation violate...
If a state regulation only incidentally impacts interstate commerce, what elements will a court balance to determine whether the regulation violates the dormant aspect of the Commerce Clause?27A state government enacted a law limiting the length of trains to no more than 100 total cars. Trains longer than 100 cars needed to be reconfigure...
A state government enacted a law limiting the length of trains to no more than 100 total cars. Trains longer than 100 cars needed to be reconfigured before entering the state or else be re-routed to avoid entering the state at all. The law’s legislative history said that the legislature believed shorter trains were safer because shorter trains required shorter braking times to stop. However, safety data showed that the most dangerous aspect of freight-train operation was the initial crossing of a train on a street or highway, not the inability to brake quickly. Having more short trains entering crossings was more dangerous than having fewer long trains because of the increased risk of automobile-train collisions.Does the state law violate the Dormant Commerce Clause?28May states ever pass laws that affect interstate commerce?
May states ever pass laws that affect interstate commerce?29May a state adopt policies governing the state’s direct participation in a market that favor local interests over out-of-state interests without vi...
May a state adopt policies governing the state’s direct participation in a market that favor local interests over out-of-state interests without violating the Dormant Commerce Clause?30A state operated its own colleges. The state also provided a property-tax exemption for a private college if 51 percent of its students were in-sta...
A state operated its own colleges. The state also provided a property-tax exemption for a private college if 51 percent of its students were in-state residents. However, the law denied the exemption to all other private colleges because at least 50 percent of the students at those private colleges were not in-state residents. A private college in the state sought to claim the property-tax exemption, but it was denied because 75 percent of its students were from out-of-state. The college sued the state arguing that this denial violated the Dormant Commerce Clause. The state responded that it was in the market of providing college services. The state claimed that this meant the market-participant exception protected it from any Dormant Commerce Clause liability.Does the market-participant exception to the Dormant Commerce Clause apply to the state?31For state regulations that impact interstate commerce, does the market-participant exception apply to both direct markets and related markets that ...
For state regulations that impact interstate commerce, does the market-participant exception apply to both direct markets and related markets that are downstream from the direct market?32In the context of evaluating a state tax on interstate commerce under the Dormant Commerce Clause, under what circumstances does a taxed person or ...
In the context of evaluating a state tax on interstate commerce under the Dormant Commerce Clause, under what circumstances does a taxed person or entity have a substantial nexus with the state?33May a state tax interstate commerce without violating the Dormant Commerce Clause?
May a state tax interstate commerce without violating the Dormant Commerce Clause?34What does the Supremacy Clause provide?
What does the Supremacy Clause provide?35What is preemption?
What is preemption?36Does the existence of the Dormant Commerce Clause stem from the Supremacy Clause?
Does the existence of the Dormant Commerce Clause stem from the Supremacy Clause?37What is the hierarchy of laws under the Supremacy Clause, starting with the most authoritative or supreme law and listed in descending order of sup...
What is the hierarchy of laws under the Supremacy Clause, starting with the most authoritative or supreme law and listed in descending order of supremacy?38The U.S. Supreme Court issued a decision that conflicted with a state’s constitution on a particular issue. A state case involving the issue reache...
The U.S. Supreme Court issued a decision that conflicted with a state’s constitution on a particular issue. A state case involving the issue reached the state supreme court. One state supreme court justice wished to follow the state’s constitution on the issue instead of following the U.S. Supreme Court decision. Another state supreme court justice argued the U.S. Supreme Court decision was binding precedent.Is a U.S. Supreme Court decision binding precedent?39If a state law conflicts with a valid federal statute or treaty, is the state law preempted?
If a state law conflicts with a valid federal statute or treaty, is the state law preempted?40What is express preemption?
What is express preemption?41What is conflict or obstacle preemption?
What is conflict or obstacle preemption?42What is field preemption?
What is field preemption?43The federal government enacted extensive and pervasive regulation of the safety requirements of atomic energy in the United States, including the o...
The federal government enacted extensive and pervasive regulation of the safety requirements of atomic energy in the United States, including the operation of nuclear power plants. However, hearing stories about safety issues in nuclear power plants in foreign countries, a state’s citizens became concerned about a nuclear power plant that operated within the state. To ease those citizens’ concerns, the state decided to enact some of its own safety requirements for the operation of nuclear power plants.Does field preemption invalidate the state’s regulation of nuclear power plants?44What is regulatory preemption?
What is regulatory preemption?45A lawyer was registered to practice before the United States Patent and Trademark Office (USPTO). Pursuant to its authority under a federal statute...
A lawyer was registered to practice before the United States Patent and Trademark Office (USPTO). Pursuant to its authority under a federal statute, the USPTO had promulgated licensing regulations for practitioners to practice before it, and the lawyer had met all of them. The lawyer drafted patent applications on behalf of inventors and presented arguments to the USPTO on why the agency should grant the applications. The lawyer was not a member of the bar in the particular state where he worked. The state’s bar association initiated an action against the lawyer for the unauthorized practice of law in the state.Can the state bar association require the lawyer to be a member of its bar to give patent advice to individuals in the state?46Under the Supremacy Clause, in what ways can a state law can be preempted by federal law?
Under the Supremacy Clause, in what ways can a state law can be preempted by federal law?47What is the difference between field preemption and conflict preemption?
What is the difference between field preemption and conflict preemption?48Federal law gave the U.S. Coast Guard broad regulatory authority over the operation of ships using the waters of the United States. Federal statute...
Federal law gave the U.S. Coast Guard broad regulatory authority over the operation of ships using the waters of the United States. Federal statutes and U.S. Coast Guard regulations specifically addressed the safety and operation of oil tankers. Federal law had regulated vessel safety for many years and the regulations were both comprehensive and complex. The federal laws and regulations made it clear that their intent was to create a uniform set of standards governing all oil tankers. A state imposed its own safety regulations for the operation of oil tankers using the state’s navigable waterways.Are the state’s tanker-safety regulations subject to both implied conflict preemption and field preemption?49Can Congress authorize states to regulate in ways that would otherwise be preempted by a federal law?
Can Congress authorize states to regulate in ways that would otherwise be preempted by a federal law?50Congress enacted a comprehensive workplace-safety law. This law included a savings clause that allowed states to submit a plan to the federal gover...
Congress enacted a comprehensive workplace-safety law. This law included a savings clause that allowed states to submit a plan to the federal government for voluntarily enacting an equivalent state workplace-safety law. The saving clause also said that if a state’s plan was accepted, then the state was allowed to adopt workplace-safety regulations that met or exceeded the applicable federal safety standards. A state chose not to submit a plan to the federal government. However, the non-plan state decided to enact a law that established a workplace-safety standard that was more demanding than the applicable federal standard.Is the non-plan state’s workplace-safety law preempted?51Can Congress give authority to the states to enact laws and regulations that impact interstate commerce?
Can Congress give authority to the states to enact laws and regulations that impact interstate commerce?52Congress enacted a statute that authorized state governments to regulate the insurance industry. A state enacted a law governing companies that sol...
Congress enacted a statute that authorized state governments to regulate the insurance industry. A state enacted a law governing companies that sold life insurance in that state. This new state law stated that any company that sold life insurance in the state must have either incorporated in the state or have done business through a locally-incorporated subsidiary. An out-of-state insurance company sued to invalidate the law. The company argued that the state law discriminated against out-of-state companies and, therefore, unconstitutionally burdened interstate commerce. The company claimed that the state law violated the Dormant Commerce Clause.Can the Dormant Commerce Clause invalidate this state law?53Under the Compact Clause of the U.S. Constitution, when is congressional consent required to validate an agreement between two or more states?
Under the Compact Clause of the U.S. Constitution, when is congressional consent required to validate an agreement between two or more states?54For multistate agreements that require congressional approval under the Compact Clause, does that congressional approval need to express to be valid?
For multistate agreements that require congressional approval under the Compact Clause, does that congressional approval need to express to be valid?55Does Congress have the power to suspend the rights protected by the Equal Protection Clause?
Does Congress have the power to suspend the rights protected by the Equal Protection Clause?56Several states wanted to pass laws offering reduced social-welfare benefits to new residents. The states argued that until a person had lived in a ...
Several states wanted to pass laws offering reduced social-welfare benefits to new residents. The states argued that until a person had lived in a state long enough to have a real attachment to the state, that person should only receive partial welfare benefits from that state’s treasury. However, one state argued that a law providing reduced benefits to new residents would burden the ability of indigent people to exercise the right to travel to establish residence in a new state. On their own, the states could not pass laws burdening the right to travel. Accordingly, these states lobbied Congress to pass a federal law giving authority to the states to pass these proposed state laws.Can Congress authorize the states to pass laws that burden the right to travel?57Can Congress include exceptions in a federal statute that save some state laws from being preempted by that federal statute?
Can Congress include exceptions in a federal statute that save some state laws from being preempted by that federal statute?58Congress enacted a comprehensive statute that regulated workplace safety. The legislation expressly stated that a state could also enact its own wo...
Congress enacted a comprehensive statute that regulated workplace safety. The legislation expressly stated that a state could also enact its own workplace-safety standards that exceeded those the federal workplace-safety standards. A state agency cited an employer for violating a state workplace standard. The employer complied with the relevant federal standard, but the state standard required stricter standards than the federal standard. The employer argued that the state standard was pre-empted and invalid because it interfered with the methods used by the federal law to achieve the goal of workplace safety. The state agency argued that, while the state standard would normally be preempted in this situation, the federal workplace-safety statute had a saving clause that made this state standard valid. Is the state agency correct?