4) Federalism

Question 1

fed gvt’s power (gen):

Answer 1

limited – only what const gives

Question 2

state gvt’s power (gen):

Answer 2

police power – ie, can pass laws w/o IDing power source

Question 3

ways const limits states powers

Answer 3

1) exclusive federal power (things const gives to fed gvt)
2) individual rights (state laws that violate indiv rights are invalid)
3) preemption

Question 4

preemption: def

Answer 4

supremacy clause – if C has power to regulate in some area, preempts state law.

inc. C can say “no state can regulate”

Question 5

fed gvt: sovereign immunity

Answer 5

fed gvt can’t be sued w/o consent (so states can’t create liability right against feds)

Question 6

taxation of fed gvt by state

Answer 6

can’t interfere w performing fed functions

Question 7

state gvts; sovereign immunity

Answer 7

generally can’t sue them under 11A

but ok for feds to sue them!

Question 8

taxation of state gvt by feds

Answer 8

immune if state is doing either:

1) unique state activities (things only states do), OR
2) essential gvt functions (things state must do to operate a gvt)

(ok tax if doing private-ish things like hospitals)

Question 9

anti-comandeering doctrine: def

Answer 9

fed gvt can’t make states act as sovereigns.

Feds can’t:

1) require state legislature to pass certain laws
2) require state officials to enforce federal law

Question 10

anti-comandeering doctrine: const source

Answer 10

10th am

Question 11

anti-comandeering doctrine: state consent

Answer 11

still unconst

Question 12

anti-comandeering doctrine: how to achieve state result

Answer 12

spending clause

Question 13

anti-comandeering doctrine: EXCEPTION

Answer 13

NOT comandeering to forbit the states from doign something! Even if prohibition extends to state sovereign funcntions!

ex. ok prohibit race discrim in employment

Question 14

dormant commerce clause: def

Answer 14

states can’t discrim against out of state economic activity (ex. trying to give advantage to locals)

Question 15

dormant commerce clause: approach

Answer 15

1) if an exception applies, do that
2) otherwise choose btwn 1 of 2 tests:
a) facial discrim
b) incidentally burdens

Question 16

dormant commerce clause: facial discrim test

Answer 16

if state law discriminates on its face gainst OOS goods/actors, state must show:

1) compelling interest AND
2) necessity (only way achieve interest)

(strict scrutiny)

Maine fish parasite thing passed

Question 17

dormant commerce clause: incidental burden on ISC test

Answer 17

if just incidental burden, state must show:

1) important state interest AND
2) no excessive burden on ISC (balance against local interests)

can’t limit length of trucks but a smoke ordinance was ok

Question 18

dormant commerce clause: exceptions

Answer 18

1) Congress approves

2) market participation doctrine

Question 19

dormant commerce clause: exceptions: Congress approves: def

Answer 19

Congress can affirmatively authorize states to pass laws that woudl normalyl violate DCC and that’s ok

Question 20

dormant commerce clause: exceptions: market participation doctrine

Answer 20

when state participates in the market, it can discrim against other states

Question 21

dormant commerce clause: state taxes

Answer 21

state taxes can’t be discriminatory against OOS businesses nor excessive

Question 22

state action requirement: def

Answer 22

const protects against GVTS (state or fed), not private indivs

result: must show state action

Question 23

state action req: exceptions

Answer 23

1) public function
2) significant state invt
3) 13th am

Question 24

state action req: exceptions: 13Am

Answer 24

prohibits action by private indivs too

Question 25

state action req: exceptions: public function: def

Answer 25

private entity is carrying out TRADITIONAL GVT ACTIVITY

Question 26

state action req: exceptions: public function: SC cases

Answer 26

“company town” can’t have regulations that violate 14 Am

but does not apply to privately owned shopping center

Question 27

state action req: exceptions: significant state invt: def

Answer 27

close state encouragement + support of private enterprise (usu: state wanted it done, controlling how it’s done – state hand in private glove)

Question 28

state action req: exceptions: significant state invt: SC cases

Answer 28

private restaurant in gvt building w close rship, school athletic competitions both = yes

but, NOT just granting a liquor license or corporate charter