Anti-Commandeering

Question 1

The most salient limit to what the federal govt can do under the CC and NP clause is ___

Answer 1

state sovereignty/anti-commandeering

Question 2

Garcia facts

Answer 2

DOL attempted to apply FLSA to SATMA

Question 3

Garcia holding 1

Answer 3

National League of Cities overruled

Question 4

Garcia holding 2

Answer 4

attempt to draw boundaries of state regulatory immunity in terms of “traditional government function” is not only unworkable but also incosistent with federalism

Question 5

Garcia holding 3

Answer 5

nothing in overtime/min wage requirements of FLSA that is destructive of state sovereignty

Question 6

Garcia reasoning 1

Answer 6

Post National League identifying which state functions are immune as “traditional” difficult for courts

Question 7

Garcia reasoning 2

Answer 7

States retain sovereignty only to the extent that Const not divested them and transferred to Fed

Question 8

Garcia reasoning 3

Answer 8

Framers chose system with special restraints on federal power inhered principally in workings of National Govt, rather than discrete limitations on objects of federal authority

Question 9

Garcia court is essentially arguing that the protection for states in all of this is through ___

Answer 9

political process not limits on Fed govt

Question 10

Hamburger critiques of Garcia

Answer 10

political process protection maybe not true after 17th + point of Consti to not just create a structure but also rights that are enforceable in court

Question 11

O’Connor dissent in Garcia

Answer 11

majority washes its hands of all efforts to protect the States

Question 12

Powell dissent in Garcia

Answer 12

the result of the holding is that federal political officials, invoking CC, are sole judges of limits of their own power

Question 13

Main takeway of Garica

Answer 13

State sovereignty does not limit CC

Question 14

Effect of Garcia on the states

Answer 14

replace “traditional govt functions test” with nothing so almost no limit left on what Congress can legislate over the States

Question 15

Some observers have suggested Garcia court effectively holds that federalism questions are ___

Answer 15

political questions and thus not justiciable

Question 16

NY v. US facts

Answer 16

radioactive waste policy required state govts to adopt fed legislation or take tile of waste within their borders

Question 17

NY v. US holding

Answer 17

Congress can’t require States to do either, Fed cannot compel State to enact/administer federal regulatory program

Question 18

Printz facts

Answer 18

act that firearms dealers must send forms to chief law enforcemtn officer of gun owner residence who in 5 days should ascertain whether posession of gun lawful

Question 19

Printz holding 1

Answer 19

Congress can circumvent (NY decision) by conscripting state officers

Question 20

Printz has helped create ___

Answer 20

anti-commandeering doctrine

Question 21

Printz holding 2

Answer 21

Fed Govt cannot issue directives requiring States to address particular problems, command State officers to enforce/admin fed regulatory program

Question 22

Printz holding 3

Answer 22

doesn’t matter if policymaking involved or case by case weighing

Question 23

Printz reason 1

Answer 23

Absence of executive-commandeering statues in early Congresses and in later history

Question 24

Printz reason 2

Answer 24

Consti establishes dual sovereignty, would augment executive power so much and upset balance, NP doesn’t support (not law executing CC, instead a usurpation)

Question 25

Printz reason 3

Answer 25

New York v. US precedent

Question 26

What could be “traditional state power”

Answer 26

police power – sex, marriage, family, education, contracts, torts, health

Question 27

Garcia court basically says limits protecting states ___

Answer 27

do not lie in the Court, in political process

Question 28

Anti-commandeering doctrine cases

Answer 28

New York, Printz

Question 29

Problems with commandeering (3)`

Answer 29

reduce states to cogs of fed govt (undermine localized self-govt), accountability concerns (who will voters blame), detract from states as public policy labs

Question 30

Anti-commandeering doctrine is a product not of ___ but of __

Answer 30

constitutional provision, construction of dual sovereign

Question 31

What are wasy around anti-commandeering

Answer 31

taxing and spending powers (conditional grants and taxing as penalty) + preemption

Question 32

Sebelius says anti commandeering applies not only to ___ but also __

Answer 32

direct regulation, conditions

Question 33

What is police power

Answer 33

general legislative power to regulate a Jdx internal affairs

Question 34

police power was ___ and did not exist ___

Answer 34

imported from civil law system, at the founding

Question 35

Police power includes ____ so it can justify ___

Answer 35

exec/judicial/leg, the admin state

Question 36

Court says Congresss ____ have police power (___)

Answer 36

does not have (lopez)

Question 37

In practice, ______ have given fed govt police power (___)

Answer 37

expansive interpretations of CC and NP, Comstock Thomas dissent