3. Federal State Relationship Flashcards
What powers does the Federal Government have?
The Federal Government has powers granted by the Constitution and no others.
There is NO federal police power.
What powers do states have?
States have police power and can pass laws without identifying a source of power for doing so.
What are the constitutional limitations on state police powers?
- Exclusive Federal Power: Reserves certain enumerated powers exclusively for the federal government;
- Individual Rights: Restricts the state governments from acting in violation of constitutional provisions; and
- Preemption: Under the Supremacy Clause, if Congress enacts legislation with the intention of preempting state law, the congressional regulation will control.
Do states have unlimited authority to enact regulations?
No, state laws are always subject to constitutional limits.
Do states have absolute power over the transfer of land?
No, states do not have absolute power over the transferability of land within state borders.
Can the federal government be sued?
No, the federal government cannot be sued without its consent.
The prohibition against suing the federal government without its consent ONLY applies to cases involving
compensatory monetary relief, NOT actions involving prospective injunctive relief
Can a state impose a tax directly on the federal government?
No, a state cannot impose a tax directly on the federal government or any of its agencies without the consent of Congress.
What type of taxes are permissible for states to impose on the federal government?
Non-discriminatory, indirect taxes that do not unreasonably burden the federal government.
What is the rule regarding states taxing contractors working for the federal government?
States may collect a nondiscriminatory tax on persons who deal or contract with the federal government.
What is the rule regarding states regulating federal government activities?
States have no power to regulate the activities of the federal government unless Congress consents to the regulation.
Under what conditions is a state immune from federal taxation?
A state is immune from federal taxation if the tax is applied to unique state activities or essential governmental functions.
What does the Constitution specifically prohibit states from doing?
- Making treaties with other nations
- Coining money
- Passing a bill of attainder
- Enacting an ex post facto law
- Impairing the obligation of contracts
- Laying any duty on imports or exports
- Engaging in war
- Maintaining a peacetime army
What is the Anti-Commandeering Doctrine?
The Tenth Amendment prohibits the federal government from using an enumerated power to:
1. force a state legislature to pass a law; or
2. state executive official to administer a federal program.
What does the Commerce Clause grant Congress to power to regulate?
power to regulate commerce among the states, including the ability to explicitly authorize states to regulate interstate commerce themselves
What is the negative implication of the Commerce (“Dormant Commerce Clause”)?
in the absence of federal regulations on the subject, states
cannot pass regulations on local aspects of interstate commerce unless they do not discriminate against out-of-state parties to benefit local economic interests and are not unduly burdensome.
Who does the Dormant Commerce Clause apply to?
The Dormant Commerce Clause applies to aliens, businesses and corporations, as well as individuals, as it deals with laws affecting interstate commerce.
What happens when a state regulation does not discriminate, but merely burdens interstate commerce?
it may be upheld based on a case-by-case balancing of the
legitimate state interest versus the burden on interstate commerce. T
This balancing test is appropriate only if Congress has not enacted a statute authorizing the state regulation at issue.
When a state regulation does discriminate against interstate commerce, absent federal authorization, a more difficult
test applies:
(i) the state law must further an important, non-economic state interest; and
(ii) there must be no reasonable alternative options available
What can states do when Congress has not enacted legislation?
States have police powers to regulate any phase of local business (production, marketing, sales, etc.) provided such regulations neither discriminate against nor burden interstate commerce.
What must a state show if its law discriminates between in-state and out-of-state economic actors?
If a state law discriminates on its face between in-state and out-of-state economic actors, the state MUST show that:
i.) The regulation serves a compelling state interest; and
ii.) The regulation is narrowly tailored to serve that interest.
When is a state show that imposes a burden on interstate commerce but does not discriminate on its face between in-state and out-of-state actors?
A state law that imposes a burden on interstate commerce but that does not discriminate on its face between in-state and out-of-state actors will be upheld if:
i.) The law serves an important state interest; and
ii.) The burden on interstate commerce is not excessive in relation to the interest served.
What happens if a state law merely incidentally burdens interstate commerce?
The court will apply a balancing test and the law will be upheld unless the burden on interstate commerce clearly outweighs the local benefits.
What rights does a state have when acting as a market participant?
A state may decide with whom it wishes to contract without regard to the restrictions of the Dormant Commerce Clause.
It can discriminate between in-state and out-of-state businesses.
