This document discusses the concept of federalism in U.S. Constitutional law across 22 pages. It begins by defining federalism as the division of power between national and state governments. It then outlines the goals of federalism, including showing how power is divided and how disputes are resolved. The document explores the sources of power for both the federal and state governments, including express powers, implied powers, and reserved powers. It also examines concurrent powers and how conflicts are resolved through the Supremacy Clause. The remainder of the document analyzes different types of preemption, including examples of cases where state laws have been found to be preempted by federal statutes.
National power can be equated with the entirety of a state’s effectiveness in international politics. The content of National power relies on the combination of so many elements and relative factors that it is very difficult to find out any accurate and final list at any given period of time. Despite this difficulty there has been some agreement about certain elements of national power and even about their classification into stable and unstable, tangible and intangible, human and non-human etc. More possession of these elements do not determine a nation’s power hence they should not be termed as the determinants of power as many scholars call them. What determines power is the proper and efficient utilization of these elements. At best they can be called as elements or factors or components of national power.
https://www.politicalscienceview.com/elements-of-national-power/
Our major goal is to help you achieve your academic goals. We are commited to helping you get top grades in your academic papers.We desire to help you come up with great essays that meet your lecturer's expectations.Contact us now at http://www.premiumessays.net/
National power can be equated with the entirety of a state’s effectiveness in international politics. The content of National power relies on the combination of so many elements and relative factors that it is very difficult to find out any accurate and final list at any given period of time. Despite this difficulty there has been some agreement about certain elements of national power and even about their classification into stable and unstable, tangible and intangible, human and non-human etc. More possession of these elements do not determine a nation’s power hence they should not be termed as the determinants of power as many scholars call them. What determines power is the proper and efficient utilization of these elements. At best they can be called as elements or factors or components of national power.
https://www.politicalscienceview.com/elements-of-national-power/
Our major goal is to help you achieve your academic goals. We are commited to helping you get top grades in your academic papers.We desire to help you come up with great essays that meet your lecturer's expectations.Contact us now at http://www.premiumessays.net/
Slideshow prepared for a lecture on Civil Liberties for PS 101 American Government at the University of Kentucky, Fall 2007. Dr. Christopher S. Rice, Lecturer.
Parliamentary sovereignty is a most thinkable constitutional principle of UK's west minister system of parliament. So, here we discuss some important issues on parliamentary sovereignty.
Slideshow prepared for a lecture on Civil Liberties for PS 101 American Government at the University of Kentucky, Fall 2007. Dr. Christopher S. Rice, Lecturer.
Parliamentary sovereignty is a most thinkable constitutional principle of UK's west minister system of parliament. So, here we discuss some important issues on parliamentary sovereignty.
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxbissacr
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt.
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxmccormicknadine86
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt ...
federalism A system ofgovernment in which power isdivided .docxlmelaine
federalism A system of
government in which power is
divided between a central
authority and constituent
political units.
99
5
Constitutional Principles
! THE CONSTITUTION
! FEDERALISM
! SEPARATION OF POWERS
! THE IMPACT OF THE COMMERCE CLAUSE ON BUSINESS
! THE TAXING AND SPENDING POWERS OF THE FEDERAL
GOVERNMENT
! THE IMPACT OF THE AMENDMENTS ON BUSINESS
F
iercely independent, highly individualistic, and very proud of their country
would be a good characterization of Americans. Many say there is no place
they would rather live than the United States. Much of their pride stems from
a belief that they have a strong Constitution, which secures for all individuals
their most fundamental rights. Most people, however, are not aware of precisely
what their constitutional rights are or of how to go about enforcing those rights.
This chapter provides the future business manager with basic knowledge of the
constitutional framework of our country, as well as an overview of the signifi-
cant impact of some of the constitutional provisions on the legal environment of
business.
The Constitution
The Constitution provides the legal framework for our nation. The articles of the
Constitution set out the basic structure of our government and the respective
roles of the state and federal governments. The Amendments to the Constitution,
especially the first 10, were primarily designed to establish and protect individ-
ual rights.
Federalism
Underlying the system of government established by the Constitution is the prin-
ciple of federalism, which means that the authority to govern is divided be-
tween two sovereigns or supreme lawmakers. In the United States, these two
sovereigns are the state and federal governments. Federalism allocates the power
to control local matters to local governments. This allocation is embodied in the
U.S. Constitution. Under the Constitution, all powers that are neither given ex-
clusively to the federal government nor taken from the states are reserved to the
states. The federal government has only those powers granted to it in the Con-
stitution. Therefore, whenever federal legislation that affects business is passed,
the question of the source of authority for that regulation always arises. The
Commerce Clause is the predominant source of authority for the federal regula-
tion of business, as we will see later.
C H A P T E R 5 " Constitutional Principles 101
Does the state law directly
conflict with a federal law?
If yes, the state law is
invalid under the
Supremacy Clause.
If no, does the state law
attempt to regulate in an
area where federal law is
so pervasive that it appears
that Congress intended
only federal regulation in
that area?
If yes, the state law is
invalid under the doctrine
of federal preemption.
If no, the state law is valid.
EXHIBIT 5-1
APPLICATION OF THE
SUPREMACY CLAUSE TO
STATE REGULATION
pertaining to interstate commerce, such as when a local regulation imposes a sub-
stantial burden on ...
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
1. U.S. Constitutional Law
Page 1
Federalism
American Federalism
"The States should be left to do whatever acts they can do as well as the
General Government." --Thomas Jefferson
2. U.S. Constitutional Law
Page 2
Federalism
Goals of this Lecture
Show division of power
between states and federal
government: Federalism
Explain how battles over
concurrent power are settled
Illustrate how spending
power can be used to get
around federalism limitations
3. U.S. Constitutional Law
Page 3
Federalism
What is Federalism?
Federalism divides power
between national and
state governments
Federalism addresses
two main questions:
What power does each
level of government have?
Who should pay for
exercising that power?
Join, or Die by Benjamin Franklin,
published to encourage the former
colonies to unite against British rule
4. U.S. Constitutional Law
Page 4
Federalism
The Foundation of Federalism
To understand
American federalism, one
must understand:
express powersexpress powers
implied powersimplied powers
the meaning of the SupremacySupremacy
ClauseClause
the meaning of the 1010thth
AmendmentAmendment
5. U.S. Constitutional Law
Page 5
Federalism
Sources of Federal (Granted) Power
Express Federal PowersExpress Federal Powers
Article 1, Sec. 7 (lawmaking);
Section 8 (limited powers)
Implied Federal PowersImplied Federal Powers
Necessary & Proper Clause
Inherent Federal Powers
preamble of the U.S. Constitution
“establish justice, insure domestic tranquility, provide for the common
defense, promote the general welfare, and secure the blessings of liberty”
6. U.S. Constitutional Law
Page 6
Federalism
Prohibited Powers
Prohibited Powers: Federal
Government
see Article 1, Section 9Article 1, Section 9
What are they talking about in clause 1?
How does the 16th Amendment change clause 4?
Prohibited Powers: State Government
see Article 1, Section 10Article 1, Section 10
The 10th Amendment – those power
not given to federal government belong
to the states.
7. U.S. Constitutional Law
Page 7
Federalism
Sources of State (Reserved) Powers
Reserved PowersReserved Powers – those
powers not given to the federal
government by the Constitution
Look at Art. 1, Sec. 8. What
powers that we normally associate
with government are not
mentioned?
Do any of these powers fall under
a broad interpretation of the
commerce clause?
For comparison see GG Art. 70 –
74
Health & Safety
Intrastate
commerce
Elections
Family Law
Education
8. U.S. Constitutional Law
Page 8
Federalism
Concurrent PowersConcurrent Powers
Powers that both
the national and
federal government
can exercise.
Combination of Art
I, Sec. 8, 9 &10
Plus 10th
Amendment.
9. U.S. Constitutional Law
Page 9
Federalism
Who is Supreme?
The Supremacy ClauseSupremacy Clause:
“Constitution and the Laws of the United
States . . . shall be the Supreme Law of
the Land; and the Judges in every State
shall be bound thereby.”
Article VI, United States Constitution
Prerequisite = federal
government has the power to
act.
If no power to act, no conflict.
The state law prevails.
“Diese Verfassung...,[und] Gesetze der
Vereinigten Staaten...sind das oberste
Gesetz des Landes; und die Richter in
jedem Einzelstaat sind...daran gebunden.”
10. U.S. Constitutional Law
Page 10
Federalism
Cliqr Question
1) Under Federalism:
a) The federal government has the most power
b) The state government have the most power
c) Power is divided according to the constitution
d) None of the above
11. U.S. Constitutional Law
Page 11
Federalism
The Preemption Doctrine
Court created doctrine
Used when both federal
and state law regulate the
same conduct
Preemption = federal law
is supreme to state law
and is the one that must
be followed.
12. U.S. Constitutional Law
Page 12
Federalism
Types of Preemption
ExpressExpress – Congress specifically
says its law should be followed
and not the state’s.
Can also say states are welcome
to regulate as well.
ImpliedImplied – Congress intends its
law to be superior
The federal law is so
comprehensive in a field of law that
there is no room for state laws
It is impossible to comply with
obligations imposed by both laws
because they have conflicting
commands.
The state law creates an obstacle
to reaching the goal of the federal
law.
13. U.S. Constitutional Law
Page 13
Federalism
Express Preemption
Airline Deregulation Act of 1978 -
“No State . . . shall enact or
enforce any law, rule, regulation,
standard or other provision having
the force and effect of law relating
to rates, routes, or services of any
air carrier.”
Plaintiff's were members of American
Airlines' frequent flier program.
They sued under the Illinois Consumer
Fraud Law after AA had changed the rules
of the program.
AA claimed the Ill. law was preempted by
federal law.
Court (5-3) agreed with AA, stating there
was express preemption.
NOTE – state contract claims still exist!
14. U.S. Constitutional Law
Page 14
Federalism
(Implied) Field Preemption(Implied) Field Preemption
Where Congress has
acted in way to show that
it intends to occupy an
entire field of regulation.
Hines v. Davidowitz (1941)
Federal government runs system
that registers foreigners.
Pennsylvania passes law requiring
foreigners to register every year,
even though federal law only
required foreigners to register once.
Supreme Court ruled Congress
enacted a “complete” registration
system that leaves no room for
additional state requirements.
State law is preempted by federal
law.
15. U.S. Constitutional Law
Page 15
Federalism
Conflict PreemptionConflict Preemption
State and federal law are
mutually exclusive.
impossible to fulfill
obligation under conflicting
laws!
McDermott v. Wisconsin
(1913)
Federal law requires
ingredients to be on maple
syrup bottles.
Wisconsin law requires no
ingredients to be listed.
Court says Supremacy Clause
settles conflict = federal law
preempts state law.
NOTE – under current
precedent, no preemption
if conflict involves
refraining from acts.
16. U.S. Constitutional Law
Page 16
Federalism
Obstacle PreemptionObstacle Preemption
Controversial doctrine
Sometimes viewed as part of field
preemption, other times as part of
conflict preemption.
TEST - state “stands as an
obstacle” to the federal objective.
Focus here is the intent of
Congress.
General Rule
Federal law is viewed as floor,
not ceiling → states can add to
federal law, but only if doing
does not create an obstacle to
the purpose of federal law.
EXAMPLE – state law that
creates more work for federal
agency might be seen as an
obstacle.
See Buckman Co. v. Plaintiffs Legal
Committee (2001)
17. U.S. Constitutional Law
Page 17
Federalism
Geier v. Honda Motor Co. (2000)
Geier suffered injuries in Honda without
driver's side air-bag & sued under state law
claiming Honda was negligent for making
care without driver's side airbag.
Federal Vehicle Safety Standard (FMVSS)
require some but not all vehicles to be
equipped with passive restraints like airbags.
Congress gave companies flexibility to
encourage gradual introduction of new safety
technology in the face of public resistance.
HELD - imposing a duty under state law to
install airbags would create obstacle to
gradual introduction of safety devices goal.
NOTE – defining Congress’s
goal is key to this analysis.
18. U.S. Constitutional Law
Page 18
Federalism
Chamber of Commerce v. Whiting (2011)
Federal law → illegal to hire
immigrants without work
permit.
States cannot also make it
crime but can make complying
with law condition of getting
state business license.
Arizona law allows for
suspension of business
license for employing workers
with no work permit.
Held – federal law expressly allows
states to use licensing power in
this manner. Doing so does not
create an obstacle to Congress
goal. If anything it achieves the
same goal without creating any
burden on federal government.
Federal program that allows
employers to verify the
immigration status of their
employees.
20. U.S. Constitutional Law
Page 20
Federalism
Preemption in Action: Arizona v. U.S.
After President Obama
creates different priorities
for enforcing federal
immigration laws, states
attempt to enforce
immigration law
themselves.
Arizona passed law giving state
officers ability to act against people
who were in violation of federal law.
Federal Government sued to stop enforcement of state law
21. U.S. Constitutional Law
Page 21
Federalism
Preemption Questions
Has Congress specifically
said that only it can
undertake this task?
(Express)
Is the federal system for
achieving this task so
comprehensive that there
is no room for state law?
(Implied, Field)
Does both state and federal
law create conflicting
obligations? (conflict)
Does the state’s action
create an obstacle to
achieving the purpose of
federal law or interfere with
the way Congress intended
it to operate? (Obstacle)
22. U.S. Constitutional Law
Page 22
Federalism
§3 State Registration Penalty
cliqr question #2
State crime = fail to register
as an immigrant or to lack
registration papers. §3
AZ: because it is already
a crime under federal law,
state law adds nothing,
no conflict.Federal
Government
runs registration
system.
Federal law
makes failing to
register a crime.
US: registration system is
complete and
comprehensive.
23. U.S. Constitutional Law
Page 23
Federalism
§5: Work Permits
cliqr question #3
State crime to seek work
without permit.
AZ: Congress intent
→ make working
without permit illegal.
State law just fills gap.
US: Congress intent →
no criminal
punishment for
working without permit.
Federal law:
civil fine for
working without
permit
criminal penalty
for hiring
person lacking
permit.
24. U.S. Constitutional Law
Page 24
Federalism
§6 Arrest Law
cliqr question #4
Local police may arrest
anyone they believe might
be in the country without
permission.
Federal law → generally not
crime for removable alien to
remain in U.S..
instead someone suspected of
being in the U.S. illegally is
issued a notice to appear before
an immigration judge.
AZ: state police power
(reserved power) allows it
to detain people who are
in the state illegally.
US: Congress created
strict rules for arrest in
order to protect foreign
relations with other
countries.
25. U.S. Constitutional Law
Page 25
Federalism
Arizona v. United States: The Result
Court: Federal government has broad power over
immigration
Registration System
Congress intended to take
over the field of immigrant
registration.
“complete”
“single integrated and all-
embracing system”
Work Permit
Congress only created civil
penalty for working w/out
permit.
Intent was no criminal
penalty!
State law creates criminal
penalty = obstacle to intent
of Congress
26. U.S. Constitutional Law
Page 26
Federalism
Arizona v. United States: The Result
Warrantless arrests
Federal law provides
scheme for removal of
aliens.
Arrest is rarely part of this
scheme.
State creates an obstacle
to scheme by allowing for
widespread arrests.
Dissent (Alito)
State law that is
inconsistent with
enforcement practices
does not amount to pre-
emption.
Dissent (Scalia)
States have concurrent
power to regulate illegal
immigration.
27. U.S. Constitutional Law
Page 27
Federalism
The Preemption Debate
Debate over preemption
is usually shaped by
views on state vs. federal
power.
Narrow federal preemption
= more power to the states.
Broad federal preemption =
more power to federal
government.
29. U.S. Constitutional Law
Page 29
Federalism
Tenth 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.”
Tenth Amendment to the United
States Constitution.
Issue – does this place limits
on federal government or
simply state how powers are
to be divided?
Die Machtbefugnisse, die von der
Verfassung weder den Vereinigten
Staaten übertragen noch den
Einzelstaaten entzogen werden,
bleiben den Einzelstaaten oder
dem Volke vorbehalten.
30. U.S. Constitutional Law
Page 30
Federalism
10th
Amendment Competing Views
Dual FederalismDual Federalism (or dual
sovereignty)
federal government and
states are co-equals
(“equal sovereignty”)
narrow reading of federal
power = more power for
states
Cooperative FederalismCooperative Federalism
national government is
supreme over the states
broad reading of federal
power leaves little room for
10th
Amendment.
10th
Amendment itself is not
a limit on federal power.
31. U.S. Constitutional Law
Page 31
Federalism
Current View: Anti-Commandeering
States must follow federal law, but . . .
The Federal government cannot force states to enact laws or
prohibit them from doing so.
New York v. United States; Murphy v. NCAA
The Federal government cannot force states to enforce
federal law.
Printz v. United States.
The Federal government cannot compel states to comply with
federal law via spending power.
National Federation of Independent Business v. Sebelius
32. U.S. Constitutional Law
Page 32
Federalism
Reasons for Anti-Commandeering
Protect proper balance between states and federal
government = neither will become too powerful.
Political accountability: keep lines of responsibility clear
= easier for voters to hold them accountable.
Prevents Shifting Costs to the States: Congress must
supply funding for enforcement, cannot pass costs onto
the states.
“Unfunded Mandates”
33. U.S. Constitutional Law
Page 33
Federalism
Anti-Commandeering v. Preemption
Preemption occurs when both the federal government and
states seek to regulate private activity.
Commandeering occurs when the federal government
orders the states to do/not do something.
Key Distinguishing Question – does the federal law seek to
regulate private activity that states also engage in?
If yes, preemption possible.
If no and only states are the target of federal law, then apply anti-
commandeering principles.
34. U.S. Constitutional Law
Page 34
Federalism
New York v. United States (1992)
Facts:
Federal law required states to create
regulatory scheme for safe disposal of
nuclear waste.
Held:
10th Amendment prohibits federal government
from compelling to states to create law.
Rationale:
Political accountability.
Congress mandates, but states might be held
politically accountable. That violated 10th
Amendment.
35. U.S. Constitutional Law
Page 35
Federalism
What Congress Could Do?
Could establish federal
standards that private and
public actors must follow!
Preemption of conflicting
state law.
Could also use spending
power to get states to
follow if there was no
preemption.
36. U.S. Constitutional Law
Page 36
Federalism
Printz v. United States (1997)
Brady Handgun Violence Prevention Act
Signed November 30, 1993
Federal Law required local police
to conduct background checks on
people purchasing guns.
Issue – Can Congress order state
actors to enforce federal law.
Holding – Necessary and Proper
Clause cannot be used to order
state actors to enforce federal law
37. U.S. Constitutional Law
Page 37
Federalism
Printz v. United States
Rationale
Constitution created “dual sovereignty” = states have some
power that cannot be interfered with by Congress.
Thus, 10th
Amendment acts as limit on federal power.
State actors must follow federal law/court rulings under
Supremacy Clause but cannot be ordered (commandeered) to
enforce it
REMEMBER – Congress can still use spending power to
encourage states to act. They just cannot force states to
act.
38. U.S. Constitutional Law
Page 38
Federalism
Another View
Not all Justices agree with the anti-commandeering
principle.
In fact, Justice Breyer has held up Germany as an
example of how having local and state officials carry
out federal law increases state power and creates a
healthy system of federalism.
Printz v. United States, 521 U.S. 898, 976-77 (1997) (Breyer, J.,
dissenting).
39. U.S. Constitutional Law
Page 39
Federalism
Reno v. Condon (2000)
Facts:
Federal Driver’s Privacy Protection Act prohibited states and “other
authorized recipients” from giving out personal information of drivers.
HELD – this did not amount to commandeering.
Law was valid use of commerce clause = license is “article of
interstate commerce.”
Law applied to owners of databases, including states.
Law does not require state to pass law or enforce federal law. It must
merely comply with federal law just like private individuals.
40. U.S. Constitutional Law
Page 40
Federalism
Murphy v. NCAA (2018)
FACTS:
Federal law prohibits states to authorize gambling on sports.
BUT, it does not make sports gambling a federal crime!
Instead allows sports organizations to bring lawsuits against states who
allow sports betting.
Procedural History
Lower courts refused to find federal law unconstitutional
because it did not order states to take any action.
41. U.S. Constitutional Law
Page 41
Federalism
Murphy v. NCAA
HELD – Congress may not prohibit states from passing
laws or regulations.
Rationale
The distinction between ordering and prohibiting is an empty
one.
Cases like Condon are different. There Congress was
regulating behavior (public and private), not ordering states to
do something.
42. U.S. Constitutional Law
Page 42
Federalism
Murphy v. NCAA
Why isn’t this preemption?
Preemption = when both state and federal government seek
to regulate private behavior.
If a law does not grant a right to or restrict in some way private
actors, there is no preemption issue.
In this case no one was granted the right to gamble nor was it
being directly prohibited under federal law.
A different case if federal law banned sports gambling. Then potential
preemption.
43. U.S. Constitutional Law
Page 43
Federalism
Cliqr Question
3) If the federal government wants the states to help it
enforce federal law:
a) The President can order the states to do so
b) Congress can use its spending power to try and induce the
states to act
c) Congress can withhold all federal money from the states to
force states to act
d) Congress can order the states to act
44. U.S. Constitutional Law
Page 44
Federalism
To Summarize
Supremacy Clause – states must follow federal court
orders.
Example – court order to stop discrimination.
Preemption Clause – states must follow/not interfere
with federal law.
Example – states cannot set up their own immigration system.
10th
Amendment – states cannot be forced to enforce
federal law or pass law.