Anti-Commandeering Flashcards
The most salient limit to what the federal govt can do under the CC and NP clause is ___
state sovereignty/anti-commandeering
Garcia facts
DOL attempted to apply FLSA to SATMA
Garcia holding 1
National League of Cities overruled
Garcia holding 2
attempt to draw boundaries of state regulatory immunity in terms of “traditional government function” is not only unworkable but also incosistent with federalism
Garcia holding 3
nothing in overtime/min wage requirements of FLSA that is destructive of state sovereignty
Garcia reasoning 1
Post National League identifying which state functions are immune as “traditional” difficult for courts
Garcia reasoning 2
States retain sovereignty only to the extent that Const not divested them and transferred to Fed
Garcia reasoning 3
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
Garcia court is essentially arguing that the protection for states in all of this is through ___
political process not limits on Fed govt
Hamburger critiques of Garcia
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
O’Connor dissent in Garcia
majority washes its hands of all efforts to protect the States
Powell dissent in Garcia
the result of the holding is that federal political officials, invoking CC, are sole judges of limits of their own power
Main takeway of Garica
State sovereignty does not limit CC
Effect of Garcia on the states
replace “traditional govt functions test” with nothing so almost no limit left on what Congress can legislate over the States
Some observers have suggested Garcia court effectively holds that federalism questions are ___
political questions and thus not justiciable
NY v. US facts
radioactive waste policy required state govts to adopt fed legislation or take tile of waste within their borders
NY v. US holding
Congress can’t require States to do either, Fed cannot compel State to enact/administer federal regulatory program
Printz facts
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
Printz holding 1
Congress can circumvent (NY decision) by conscripting state officers
Printz has helped create ___
anti-commandeering doctrine
Printz holding 2
Fed Govt cannot issue directives requiring States to address particular problems, command State officers to enforce/admin fed regulatory program
Printz holding 3
doesn’t matter if policymaking involved or case by case weighing
Printz reason 1
Absence of executive-commandeering statues in early Congresses and in later history
Printz reason 2
Consti establishes dual sovereignty, would augment executive power so much and upset balance, NP doesn’t support (not law executing CC, instead a usurpation)
Printz reason 3
New York v. US precedent
What could be “traditional state power”
police power – sex, marriage, family, education, contracts, torts, health
Garcia court basically says limits protecting states ___
do not lie in the Court, in political process
Anti-commandeering doctrine cases
New York, Printz
Problems with commandeering (3)`
reduce states to cogs of fed govt (undermine localized self-govt), accountability concerns (who will voters blame), detract from states as public policy labs
Anti-commandeering doctrine is a product not of ___ but of __
constitutional provision, construction of dual sovereign
What are wasy around anti-commandeering
taxing and spending powers (conditional grants and taxing as penalty) + preemption
Sebelius says anti commandeering applies not only to ___ but also __
direct regulation, conditions
What is police power
general legislative power to regulate a Jdx internal affairs
police power was ___ and did not exist ___
imported from civil law system, at the founding
Police power includes ____ so it can justify ___
exec/judicial/leg, the admin state
Court says Congresss ____ have police power (___)
does not have (lopez)
In practice, ______ have given fed govt police power (___)
expansive interpretations of CC and NP, Comstock Thomas dissent
