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Unformatted text preview: Constitution Final Study Guide Federal Preemption- conflicts between the state and federal government. When the national government is exercising legitimate constitutional conduct, and conduct will result in the feds winning. Mo v. Holland- Missouri passed a law saying all migratory waterfowl were property of state. Then the federal government passed a law saying all migratory waterfowl were federal property. The feds won because they had passed the law as a result of a treaty signed with Canada and Britain. Article 6 says treaties are supreme law of the land. Preemption doctrine- federal law can supersede any inconsistent state law or regulation. Example: Pennsylvania v Nelson (1956): case concerning Nelson a member of the Communist Party, who violated Penn Sedition Act. Penn law was past prior to US Congress Smith Act of 1940. Question was does the Federal law supersede the States law Held : that the Federal law superseded the state law in that federal law that pursued communists was “pervasive and left no room for the states to supplement it” 1) Is the federal Law so pervasive that Congress intended to supersede State law? 2) Is their a Federal Interest? 3) Would the State Law hinder federal enforcement? Expressed Preemption: Congress clearly states that federal law supersedes States. Implied Preemption : Federal Law not clear but State Law hinders enforcement. Virginia and Kentucky Resolutions (1798)- Written by James Madison and Thomas Jefferson respectively. Written to emphasize the importance of States Rights. Specifically targeted the Alien and Sedition acts which extended the powers of the federal government. The resolutions declared that the Constitution was a "compact." That is, it was an agreement among the states. The resolutions claimed the federal government had no right to exercise powers not specifically delegated to it. Unpopular in the North Federalist #33 Kansas-Nebraska Act (1854) Laissez-Faire Federalism Direct Effects Test “Stream of Commerce” Test- Substantial Relationship Test- Police Powers- refers to the general authority of a government to regulate for the health, safety, morals, and general welfare of its citizens. The states possessed general police powers prior to the adoption of the federal Constitution and retained them when the national government was created. Consequently, states may pass laws for the general welfare without any specific grant of power to do so. As long as the legislation does not run afoul of specific constitutional limitations, the state is free to act. Eleventh Amendment- Article I I I of the Constitution allowed for the suing of a state in Federal Court, giving the Court that right to waive the state’s sovereign immunity. After a state was sued in federal court in Chisolm v Ga ( in which the SC held that states could be sued in federal court in action at common law) , the states quickly ratified the 11 th Amend....
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This note was uploaded on 07/26/2011 for the course PLSC 4253 taught by Professor Schreckhise during the Spring '10 term at Arkansas.
- Spring '10