Con Law Flashcards
Relation of Nation and States in a Federal System/ Individual Rights
can a state tax an agency?
no
agency is CODE WORD on MBE for the
FEDS
states cannot tax the federal government through ____
agencis
but if there is a scenario where you see an independent contractor, doing business or contracting with the federal government, the states can tax the __
contractor
federal property and lands are also IMMUNTE from state taxes, but people who ____ on federally owed property can ____
lease
property taxes
If you have a gift shop owned in Yellowstone National park, they can still be taxed on their ____
leased property
can federal employees and federal contractors be taxed by the state on their salaries?
YES so long as the tax applies to everyone and is not DISCRIMINATORY or aimed directly at the federal employuees
states cannot get in the way of the federal government when they are carrying out ___-
their duties
a state ___ force a federal nuclear power plant to follow state pollytion laws
cannot
states cannot issue writs of _____ to federal detainees
habeus corpus
states cannot f around with ____
federal lands
the federal government can regulate the states, but if the regulation prevents the states from carrying out their ____ then this violates the ____
core functions
10A
fed gov cannot tax a ______ school
public
if a state is running a public park, can that be taxes by fed?
NO
there can be a ______incomet tax on state emmployees
federal
REMEMBER that STATES can be sued by the federal gov or by othe states without ____
the states giving consent itself
Fed cannot _____ the states where Congress enacts a law that CAUSES the states to enact a law
= NO
comandeer
b/c vioalte 10A
Although Congress can directly regulate teh states, (like establish a federal min wage) Congress cannot _____ a state to regualte in a certain way
force
Congress cannot force states to ,,,
1. .adopt a law
2. force a ____ to adopt a regulation
state agency
can Congress FORCE states to enact legislation criminalizing firearms possessions in certain areas?
NO
Congress also cannot ___ or hijack state officials and turn them into federal government worker slaves.
commandeer
We can’t FORCE the states or their officials to do shit or carry out our little federal schemes… HOWEVER…. we can have these big-ass ____which cover the state as an EMPLOYER and private entities as employers equally.
broad laws
ex: FLSA
The Fair Labor Standards Act sets minimum wage laws, child labor laws, overtime rules… and this applies to both private businesses and the government.
The Bar exam is obsessed with a situation where the federal government ENACTS a law which applies to everyone, both public and private, called “a law of g_____”
eneral applicability
It is _____ considered ____ to induce state compliance to your little federal plan by attaching _____ onto the money you give the states
NOT
Commandeering
STRINGS
Feds can attach strings to the money it gives the states as long as it is not ____
coersive
congress can put CONDITIONS on the $$ it gives to states as long as the conditions are
- clearly stated
- not ___
- related to the puprose of the program
Coersive
The DCC stands for the principle that local laws are _____ if they place an _____ on interstate commerce
unconstiiutional
undue burden
TEST #! Laws that discriminate against interstate commerce ON THEIR
FACE
Let’s say we have a state law that says “every Sea World and Goat Zoo in the state must hire at least 90% in-state residents to work there”
thsi clearly discriminates against OOSers
So when it actually says IN THE DAMN LAW that the state is discriminating… the test is going to be ____ and almost always shot down (it is almost PER se invalid if it discriminates on it’s face)
STRICT
Standard tto apply when a law is facailly disciminating against OOSers =
GOV mist prove that the law serves a LEGIT local purpose
+
the purpose cannot be adequately served by reasonable nondiscrimnatory alt means
And REMEMBER… when we are talking about scenario #1 - laws that are FACIALLY discriminatory against out-of-staters… the “legitimate public purpose” (prong 1) can never be “____ lmao.
helping people in our state”
(Prong 1) Legitimate public purpose: lmao. What actual purpose could this serve besides helping in-state puppy groomers in California? Helping out your OWN residents make more money is ______purpose. Maybe they could say it was for health and safety… if other out-of-state puppy groomers were using dangerous products to groom the puppies fur.
not a legit public
Situation #2 example of neutral facing law that applies to everyone that would probably be struck down under our balancing test:
PIKE BALANCING TEST you weigh
(1) the burdens on interstate commverce v (2) the _____
local benefits