US Government: Federalism

United States Federalism

Federalism. What is federalism? How does it effect my daily life? Federalism is a system of government, whereby there are 2 levels of government, the state (and local government) and the federal government of which all states are a member. Under the legal system known as federalism, the federal law is the supreme law and generally premepts the state law. However, the powers not expressly granted to the federal government were expressly reserved by the states, and to the people respectively (9th and 10th Amendments to the constitution). Generally speaking if there is a conflict between federal and state law, the federal law will premempt it. However, the states have the police power to protect the health welfare, safety, and morals of the constituencies of the state.

 

At what point does the federal government over step its bounds into the states rights? Conversely at what point does the state encroach upon the rights and powers of the federal government? What exactlly are the parameters that the state and federal government are to interact with each other? There have been many conflcits between the states and federal government. Even the Untied States had a civil war.

 

Preemeption: Article 6 Section 2 the "Supremacy Clause"

 

1. Does Congress have a pervasive national interest?

 

2. Has Congress created a dominant interest?

 

3. Conflict Preemeption

 

Express or implied.

 

The 10th Amendment to the Constitution

 

State Sovereingty

 

The State has the Police power to regulate the health safety, welfare and morals of the state constitutencies.

 

Negative Commerce Clause Artilce 1 section 8.

 

Discrimination -strict scrutiny

 

Non-discrimination - balancing test

 

Possible Political Question

 

Market Participant Doctrine Excetion (regulator versus market participant).

 

Privileges and immunities Articel 4 Section 2.

 

Moreover, there is some crossover into equal protection analysis.The 2 are not mutually exclsuive.

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US Government



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Bill of Rights Constitutional Law long term implications (US case law & Precedent).