a particular power is exclusively federal you say there is federal preemption

A particular power is exclusively federal you say

This preview shows page 18 - 20 out of 53 pages.

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 thisissue 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 (page107) - prove relatively comprehensive- prove strong need for uniform national regulation in this area so that states will interfere with objectivesDirect 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 Texasto 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 commerceA state law is void because of direct conflict in only two situations. First, there is a direct conflict if it is impossible tocomply with both the state and federal laws. It violates supremacy clause if a state triesPhiladelphia v. New Jersey- garbage into NJHunt 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)
Image of page 18
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:
Image of page 19
Image of page 20

You've reached the end of your free preview.

Want to read all 53 pages?

  • Spring '08
  • BREDESON
  • Law, Government, Speak, Supreme Court of the United States, U.S Supreme court

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture