Relation between state and federal powers - Answers neither the national gov nor a state gov is superior
to the other court; unless it is within areas of exclusive authority granted under the Constitution
States possess __________ powers - Answers the right to regulate private activities to protect or
promote
1) public safety
2) health
3) welfare
4) morals
(PHWM)
(Power hungry white men)
Ex) insurance is in the realm of state powers
The McCarran-Ferguson Act (1945) - Answers passed by Congress declared that states could regulate the
business of insurance and affirmed that continued regulation of insurance by the state was in the
public's best interest
Relations among the states (2 clauses) - Answers The Privileges and Immunities Clauses
The Full Faith and Credit Clause
The Privileges and Immunities Clause - Answers Article IV, Section 2
Protects fundamental rights concerning commercial activities and civil liberties.
Each state must provide the citizens of other states the same privileges and immunities it provides its
own citizens. A state cannot treat nonresidents engaged in basic, essential activities differently without
substantial justification.
ex) buying a fishing license and charging out of state residents more would violate this
, The Privileges and Immunities Clause covers ____________ - Answers citizens, not corporations or
aliens.
The clause essentially guarantees a citizen of one state is entitled to the same treatment as he/she
would receive in his or her home state. Nonresidents may be treated differently form state residents
ONLY if a substantial reason exists for distinguishing the two
Invalid Type of Discrimination - Answers ex) a rule limiting bar admission (ability to practice law in a
state) only to state residents
Valid type of discrimination - Answers ex) state residents receiving in state tuition, while nonresidents
pay higher out of state tuition
The Full Faith and Credit Clause - Answers Article IV, section 1
Rights associated with property deeds, contracts, and other legal documents in one state must be
honored by all other states
Ex) immunization records, contracts, driver's licenses
Property and contract rights established in one state must be honored by other states.
o Example: GoFlow, Inc., enters into a contractual relationship to provide services to By Gone &
Associates, a business located in another state. GoFlow supplies the requested service, but By Gone &
Associates fails to pay for the services as required under the contract. GoFlow can then go to the state
where By Gone & Associates resides and ask a court in that state to assist the business in enforcing the
judgment of the court located in GoFlow's home state.
"think you are giving full faith and credit to the deeds you are responsible for and the contracts you
sign"
Commerce Clause - Answers Article 1, Section 8