Constitutional Law AMP - Intergovernmental Immunities Flashcards
Which of the following state taxes would be permissible?
A Directly taxing federal property and instrumentalities within the state
B Imposing an income tax on persons who receive a salary from the federal government
C Charging a sales tax on items purchased by contractors acting as purchasing agents for the federal government
B
States may impose an income tax on persons who receive a salary from the federal government, as long as the tax is nondiscriminatory and does not unreasonably burden the federal government. Generally, states are not free to directly tax the federal government, but an indirect tax, such as taxing the income of federal employees, has been upheld. States may not directly tax federal property and instrumentalities within the state. States may not charge a sales tax on items purchased by contractors acting as purchasing agents for the federal government. This would be a prohibited direct tax. However, states can charge a sales tax to a contractor who is working on a federal project on a cost-plus profit basis, even though the tax ultimately will be borne by the federal government, because, in such a case, the tax is indirect. QUESTION ID: L0029A Additional Learning
Which of the following statements is most accurate under the constitutional doctrine of preemption?
A A state law will not be held invalid unless it interferes with achievement of a federal objective
B A preemption clause in a federal law will be construed broadly by the federal courts
C A state law that does not interfere with achievement of a federal objective will be upheld unless a federal law expressly prohibits state legislation
D Federal laws can occupy an entire field and prevent any state laws in the field, whether conflicting or complementary
D
Under the Supremacy Clause, federal laws can occupy an entire field and prevent any state laws in the field, whether conflicting or complementary. The statement that a state law will not be held invalid unless it interferes with achievement of a federal objective is not true; it is too narrow. As discussed above, a state or local law may fail under the Supremacy Clause, even if it does not conflict with federally regulated conduct or objectives, if it appears that Congress intended to “occupy” the entire field, thus precluding any state or local regulation. The statement that a state law that does not interfere with achievement of a federal objective will be upheld unless a federal law expressly prohibits state legislation is not correct. Preemption may be express or implied. The statement that a preemption clause in a federal law will be construed broadly by the federal courts is not correct. The opposite is true. An express preemption clause will be construed narrowly. QUESTION ID: L0023B Additional Learning
The Fourteenth Amendment Privileges or Immunities Clause prohibits states from denying their citizens the privileges and immunities of national citizenship.
Under the Privileges or Immunities Clause of the Fourteenth Amendment a __________.
A state may not infringe upon its citizens’ right to travel
B state may not infringe upon its citizens’ right to an attorney
C state may not infringe upon its citizens’ freedom of speech
D state may not infringe upon its citizens’ right to earn a living
A
The right to travel is a right of national citizenship and is protected against infringement by the Privileges or Immunities Clause of the Fourteenth Amendment. The freedom of speech is not a right of national citizenship under the Privileges or Immunities Clause of the Fourteenth Amendment. In The Slaughterhouse Cases, the Supreme Court held that rights of national citizenship do not include the Bill of Rights, although rights under the Bill of Rights may be held applicable to the states as incidents of due process. The right to earn a living is not a right of national citizenship under the Privileges or Immunities Clause of the Fourteenth Amendment, although the right is protected under the Privileges and Immunities Clause of Article IV, which limits states from discriminating against nonresidents. The right to an attorney is not a right of national citizenship under the Privileges or Immunities Clause of the Fourteenth Amendment. Although the right is included in the Bill of Rights under the Sixth Amendment, as discussed above, in The Slaughterhouse Cases, the Supreme Court held that rights of national citizenship do not include the Bill of Rights. QUESTION ID: L0031 Additional Learning
Under the Privileges and Immunities Clause of Article IV, Section 2, __________.
A states may not discriminate against nonresidents regarding fundamental rights
B states may not deny their own citizens rights of national citizenship
C corporations are protected as well as natural persons
D aliens are protected as well as citizens
A
Under the Privileges and Immunities Clause, states may not discriminate against nonresidents regarding fundamental rights—i.e., those involving important commercial activities (such as pursuit of a livelihood) or civil liberties—absent a substantial justification: i.e., the state shows that nonresidents either cause or are part of the problem the state is attempting to solve, and that there are no less restrictive means to solve the problem. For example, states may not charge nonresident commercial fishermen substantially more for a license than they charge residents absent substantial justification. While it is true that states may not deny their own citizens rights of national citizenship, this rule comes from the Privileges or Immunities Clause of the Fourteenth Amendment rather than from the Article IV Privileges and Immunities Clause. Corporations are NOT protected as well as natural persons under the Article IV Privileges and Immunities Clause. The Clause has been held to extend only to natural persons. Aliens are NOT protected as well as citizens under the Article IV Privileges and Immunities Clause. The Clause has been held to extend only to citizens. QUESTION ID: L0030 Additional Learning
Regarding intersovereign litigation among the states and the federal government, which of the following statements is true?
A The United States may not sue a state without the state’s consent
B A state may not sue another state without the state’s consent
C A state may not sue the United States without the United States’ consent
C
As a consequence of sovereign immunity, a state may not sue the United States unless the United States consents. The United States MAY sue a state without the state’s consent, and a state MAY sue another state without the other state’s consent. In the latter case, the Supreme Court has exclusive original jurisdiction. QUESTION ID: L0027A Additional Learning
The Tenth Amendment provides that powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved to the states.
Under the Tenth Amendment, the federal government may not __________.
Aimpose conditions on grants of federal funds to states that cannot be imposed by direct legislation
B prohibit states from discriminating against their citizens in any way on the basis of race
C interfere with state-imposed literacy tests as a prerequisite to voting in a state election
D commandeer state officials, such as requiring them to do background checks on prospective handgun owners
D
The federal government may NOT commandeer state officials, such as requiring them to do background checks on prospective handgun owners. Under the Tenth Amendment, the federal government may not require states to regulate their own citizens. The federal government MAY interfere with state-imposed literacy tests as a prerequisite to voting in a state election despite the Tenth Amendment. While as a general rule, the Tenth Amendment prohibits the federal government from regulating states as states, exceptions have been carved out for violations of the Fourteenth and Fifteenth Amendments. Literacy tests have been found to violate these Amendments. The federal government MAY impose conditions on grants of federal funds to states that cannot be imposed by direct legislation. For example, the federal government may require states that take federal funds for roads to prohibit persons under the age of 21 from consuming alcohol. Such strings on federal funds are allowed because the states are free to choose to take the funds and follow the conditions or reject the funds and not have to follow the conditions. The federal government MAY prohibit states from discriminating against their citizens in any way on the basis of race for the same reason why they can outlaw literacy tests—exceptions have been carved out of the Tenth Amendment for violations of the Fourteenth and Fifteenth Amendments, and discrimination on the basis of race violates these amendments. QUESTION ID: L0028 Additional Learning
The power to tax imports or exports is:
A A concurrent state and federal power
B An exclusive federal power
C An exclusive state power
B
The power to tax either imports or exports is an exclusive federal power. Absent congressional consent, states may not tax imports or exports. QUESTION ID: L0050C Additional Learning
The Tenth Amendment prohibits Congress from:
A Passing legislation requiring states not to discriminate based on race
B Imposing conditions on grants of federal funds
C Outlawing state-imposed literacy tests as a prerequisite to voting in state elections
D Commandeering state officials
D
The Tenth Amendment prohibits Congress from commandeering state officials, such as by requiring them to do background checks on prospective handgun owners. Under the Tenth Amendment, the federal government may not require states to regulate their own citizens. The federal government may outlaw state-imposed literacy tests as a prerequisite to voting in a state election despite the Tenth Amendment. While, as a general rule, the Tenth Amendment prohibits the federal government from regulating states as states, exceptions have been carved out for violations of the Fourteenth and Fifteenth Amendments. Literacy tests have been found to violate these Amendments. The federal government may impose conditions on grants of federal funds to states that cannot be imposed by direct legislation. For example, the federal government may require states that take federal funds for roads to prohibit persons under the age of 21 from consuming alcohol. Such strings on federal funds are allowed because the states are free to choose to take the funds and follow the conditions or reject the funds and not have to follow the conditions. The federal government may pass legislation barring states from discriminating against their citizens in any way on the basis of race for the same reason that they can outlaw literacy tests—exceptions have been carved out of the Tenth Amendment for violations of the Fourteenth and Fifteenth Amendments, and discrimination on the basis of race violates these amendments. QUESTION ID: L0028A Additional Learning
The doctrine of “field preemption” means that:
A State laws can occupy an entire field, and preempt any federal laws in that field, whether conflicting or complementary
B Federal laws can occupy an entire field, but preempt only state laws that conflict with federal laws
C Federal laws can occupy an entire field, and preempt any state laws in that field, whether conflicting or complementary
C
Under the doctrine of field preemption, federal laws can occupy an entire field and prevent any state laws in the field, whether conflicting or complementary. A state or local law may fail under the Supremacy Clause, even if it does not conflict with federally regulated conduct or objectives, if it appears that Congress intended to “occupy” the entire field, thus precluding any state or local regulation. QUESTION ID: L0023A Additional Learning
The Privileges and Immunities Clause of Article IV, Section 2 of the U.S. Constitution prohibits states from:
A Discriminating against nonresidents in matters involving fundamental rights
B Denying corporations the rights owed to residents
C Denying their own citizens rights of national citizenship
A
Under the Privileges and Immunities Clause, states may not discriminate against nonresidents regarding fundamental rights—i.e., those involving important commercial activities (such as pursuit of a livelihood) or civil liberties—absent a substantial justification: i.e., the state shows that nonresidents either cause or are part of the problem the state is attempting to solve, and that there are no less restrictive means to solve the problem. For example, states may not charge nonresident commercial fishermen substantially more for a license than they charge residents absent substantial justification. While it is true that states may not deny their own citizens rights of national citizenship, this rule comes from the Privileges or Immunities Clause of the Fourteenth Amendment rather than from the Article IV Privileges and Immunities Clause. Corporations are not protected as are natural persons under the Article IV Privileges and Immunities Clause. The Clause has been held to extend only to natural persons. QUESTION ID: L0030A Additional Learning
__________ governmental powers are split between Congress and the states.
A No
B All
C Some
C
Some, but not all, governmental powers are split between Congress and the states. One example of a governmental power denied to both Congress and the states are the Qualification Clauses [Art. I, §2, cl. 2; §3, cl. 3] The Supreme Court has held that the Qualifications Clauses, setting the qualifications to serve in Congress, are exclusive and cannot be altered by Congress or the states. It would be incorrect to say that no governmental powers are split between Congress and the states. There are many areas of regulation where federal and state powers overlap. QUESTION ID: L0025B Additional Learning
Which of the following statements regarding the division of power between states and the federal government is true?
A The states are governments of limited power.
B Powers not reserved to the federal government in the Constitution belong to the states.
C The federal government is a government of unlimited power.
D The states may act in any area in which the federal government has not acted.
B
It is true that powers not reserved to the federal government in the Constitution belong to the states. It is not true that the federal government is a government of unlimited power. The federal government has only those powers reserved to it by the Constitution and hence is a government of limited power. It is said that the states are governments of UNLIMITED power (rather than limited power) because the Tenth Amendment reserves to the states all powers not delegated by the Constitution to the federal government. It is not true that the states may act in any area in which the federal government has not acted. Certain powers delegated to the federal government by the Constitution are either expressly or inherently exclusive, such as the power to coin money or make treaties (expressly federal) or the power over naturalization (inherently federal). QUESTION ID: L0021 Additional Learning
Under what circumstances will a state law or action be held invalidated by the Supremacy Clause?
A Only if it commands conduct that is prohibited by a federal law
B If it directly conflicts with a federal law or interferes with achievement of a federal objective
C Only if it prohibits conduct that is required by a federal law
D Only if it prevents achievement of a federal objective
B
If a state law directly conflicts with a federal law or interferes with achievement of a federal objective, it will be held invalid under the Supremacy Clause. The Supremacy Clause reaches beyond state laws that command conduct that is prohibited by a federal law. It also applies to state laws that prohibit conduct that is required by federal law and instances in which a state law prevents achievement of a federal objective. Thus, the three choices beginning with the word “only” are too limited to be correct. QUESTION ID: L0022A Additional Learning
The Constitution provides that:
A All powers are delegated to either Congress or the states
B The federal government and states share equally in all powers
C Powers not explicitly delegated to the states are reserved for the federal government
D Powers not explicitly delegated to the federal government are reserved for the states
D
Under our constitutional system, powers not explicitly delegated to the federal government are reserved for the states. The federal government and states do NOT share equally in all powers; the Supremacy Clause provides that, where federal and state laws conflict, federal law is supreme. Not all governmental power is delegated to either Congress or the states. For example, the Supreme Court has the power to interpret laws, and the Supreme Court has held that neither Congress nor the states have the power to alter the Qualifications Clauses (for determining who may be a member of Congress). QUESTION ID: L0025A Additional Learning
Which of the following statements is correct with respect to federal legislation?
A A federal law that expressly prohibits states from adopting laws concerning the subject matter of the federal legislation will be liberally construed
B A federal law that expressly prohibits states from adopting laws concerning the subject matter of the federal legislation will be narrowly construed
C A federal law that expressly prohibits states from adopting laws concerning the subject matter of the federal legislation is void
D A federal law that expressly prohibits states from adopting laws concerning the subject matter of the federal legislation is valid if it is narrowly tailored to serve a compelling government interest
B
A federal law may expressly provide that the states may not adopt laws concerning the subject matter of the federal legislation. An express preemption clause will be narrowly construed (e.g., a federal law that barred state restrictions based on smoking and health did not preempt a smoker from bringing a state law consumer fraud claim against a cigarette company, claiming the company’s advertisements that its cigarettes were “light” were fraudulent, because the consumer protection law was based on a duty not to deceive rather than on smoking or health). QUESTION ID: L0026 Additional Learning
