A particular power is exclusively federal you say

a particular power is exclusively federal, you say there is
federal preemption. Can be express or implied:
 Express pre-emption: Congress says states stay out of this
issue b/c we are going to handle it, Congress creates a
statute and specifically bans states from creating similar
laws, federal law Is the supreme law,
 Implied pre-emption: Congress passes enough laws in an
area that it’s impossible for states to pass any laws that
would not contradict what Congress has already done,
may also block states from creating valid laws even when
Congress does not specifically prohibit such actions (page
107)
- prove relatively comprehensive
- prove strong need for uniform national regulation in this area so
that states will interfere with objectives
 Direct Conflict: when a specific state law is in direct conflict with a
federal law state law is void, (page 108)
 If Texas tried to pass a law that made it illegal to sell oil from Texas
to buyers in other states, the law would fail for discriminating
against interstate commerce
 State cannot pass a law that discriminated against
interstate commerce or international commerce
 A state law is void because of direct conflict in only two
situations. First, there is a direct conflict if it is impossible to
comply with both the state and federal laws.
 It violates supremacy clause if a state tries
 Philadelphia v. New Jersey- garbage into NJ
 Hunt v. Washington State Apple Advertising
 State cannot pass laws that create significant roadblocks to
interstate commerce “unduly burdening interstate commerce”
 Discrimination= question of intent, this one is question of
impact
 Xerox v. Harris County
 Granholm v. Heald (below)


 Full Faith and Credit Clause
 The courts of one state must recognize court judgments and other
public actions of its sister states
 2 limitations: if the court that entered the judgment did not
originally have jurisdiction then the other state courts will not
recognize the judgment, and if the judgment violates the public
policy of the state where enforcement is sought then the courts of
that state will not enforce it
 Comity: generally calls for the enforcement of another nation’s court
judgments subject to the 2 exceptions for lack of jurisdiction and public
policy

 Contract Clause: applies only to states, is intended to prevent states from
changing the terms of existing contracts by passage of subsequent
legislation


 Criminal Law: most important mechanism for controlling individual
behavior in order to protect society (chart is on page 132)
 Can impose fines
 Can sentence to law
 A crime is a wrong committed against a society, the wrong is
defined by the society
 Occasionally can give death penalty
 Has to be brought by the government
 Burden of proof-
 Civil cases plaintiff has to have the “preponderance of
evidence”
 Criminal case- government has to prove without any
reasonable doubt, because the penalties are much more
severe
 Government has to prove beyond a reasonable doubt that:
