Essay Four

Question 1

Can a private actor bring an action against a state government?

Answer 1

No. Federal courts can’t here most private actions against states.

Question 2

What amendment is implicated when a private actor brings an action against a state government?

Answer 2

11th Amendment.

Question 3

What types of actions are barred by what amendment against state governments?

Answer 3

1) Actions in which state is party
OR
2) Where state must pay retroactive damages

Question 4

If an action runs a foul of this amendments ban, what is it called?

Answer 4

Unconstitutional.

Question 5

Can government ever affect this amendments bar on actions?

Who can affect it?

Under what power can they affect it under?

Answer 5

Yes.

Congress can remove immunity via the 11th amendment for actions brought under 14th amendment.

Question 6

Does amendment implicated allow any route to stop government action that hurts individual? what type of conduct?

Answer 6

Yes, private parties can bring actions to enjoin state officers.

State officers can be enjoined from future conduct that violates the constitution.

OR FEDERAL LAW.

Question 7

What type of state actors are implicated by the exception?

Answer 7

State official responsible for enforcing action that violates constitution or federal law.

Question 8

What is one type of harm affected by the dormant commerce clause?

Answer 8

State and local regulations that discriminate against intrastate commerce to protect local economic interests.

Question 9

What is a type of regulation that dormant commerce clause seeks to stop?

Answer 9

Discriminatory regulations

Question 10

What does dormant commerce clause say about non discriminatory regulations? Is there an exception

Answer 10

A state law that discriminates in state and out of state alike is valid for dormant commerce clause purposes.

EXCEPT

when regulation burden to interstate commerce outweighs promotion of legitimate local interest

Question 11

What is a discriminatory regulation for DCC reasons?

Answer 11

Regulations that treat economic interests within state different than out of state.

Question 12

How should you begin essay 4?

Answer 12

The bank cannot maintain a suit in federal court against state A for damages because the suit violates the Eleventh Amendment.

Question 13

What is the issue in the claim against state a?

Answer 13

Whether a private company can sue a state in federal court for damages?

Question 14

What is the issue in the claim against super intendent?

Answer 14

Whether a private company can sue a state official to enjoin enforcement of an unconstitutional state law.

Question 15

If the statute is unconstitutional, what does Superintendent’s behavior constitute?

Answer 15

conduct that violates the constitution.

Question 16

What are the issues with the statute

Answer 16

1) Whether the statute discriminates against interstate commerce.
2) Does the burden of the nondiscriminatory statute outweigh the promotion of a legitimate local interest?

Question 17

What are state or local regs that discriminate against interstate commerce to protect local economic interests?

Answer 17

A violation of the negative implication of the commerce clause–or dormant commerce clause.