Constitutional Law Chapter 6 Review

883 Words4 Pages
Constitutional Law Chapter 6 Review 1. In general, what does the Supreme Court consider when faced with the constitutionality of state law? a. The Supremacy Clause clearly states that the Constitution is the supreme law of the land, making any law that is not based on the Constitution to be unconstitutional and therefore void. The Supreme Court deems if the federal law preempts the state laws and if it violates the Dormant Commerce Clause. Although in some cases it is almost impossible for both a state law and federal law to conform. This is known as the conflict preemption. 2. Define the terms express preemption, field preemption and conflict preemption. a. Express preemption refers to when a federal law contain provisions which allow…show more content…
What criteria do the courts use to determine if a state law violated dormant commerce clause? a. The courts must determine whether the state law discriminated out of state businesses and if it placed too great of a burden on interstate commerce in the relationship to the local benefit. 7. Why do states have constitutional problems when they tax out of state businesses? a. States have a problem trying to tax out of state businesses because these taxes will interfere with the right of businesses to do business out of state. This causes a problem because it is a violation of interstate commerce to tax a business for trying to work in another state. 8. List the criteria used by the court to determine the constitutionality of a tax on an out of state business. a. The nexus requirement t must be met. In other words, the tax of the sale must be taking place in the state where the tax is being derived from. b. The fair apportionment requirement states that the tax that is being deducted must be within the state and another state does not have the right to tax for the same thing. No double taxing. c. There must be no discrimination; therefore there may be no indication that local businesses did not pay a different sales

More about Constitutional Law Chapter 6 Review

Open Document