Fed and state relationship Flashcards
st vs fed po power
no fed po power- fed must legislate through one of its enumerated powers
st po power: may regulate any health, safety, welfare, moral or aesthetic interest through po powers
as a gen rule, supremacy clause impliedly prevents sts from-
regulating the activities of agents or instrumentalities of the fed govt if the regulation will interfere w the govt’s ability to carry out its fed functions
state governments are immune from-
not immune to suits from fed g
not immune to suits from another st
is immune from most suits by st citizens
Under the 10A,–
what is is, and when to pick it on MBE
all powers not delegated to the fedg by the cons are reserved to the states
usu a red herring unless the fed is commandeering the sts
10A spec prohibits any st from (8)
enacting ex post facto law impairing obligation of Ks laying duty on imports or exports, except for where nec for executing its inspection laws passing bill of attainder engaging in war maintaining a peacetime army making treaties with other nations coining money
Under the DCC (negative implications doctrine),-
where cong has not enacted legis regulating inters commerce under the CC, the sts are free to regulate local transax affecting interst commerce, sbj to certain limits
Under DCC analysis, if a st law discrim on its face bt in-st and oo st eco actors, st must show that
1) reg serves a compelling st interest
2) reg is narrowly tailored to serve that interest
Under DCC analysis, if st law incidentally burdens interst commerce, st must show that:
reg serves important st interest
burden on interst comm is not excessive in rel to the interest served
st taxation of interst commerce is permitted as long as-
ok as long as it doesn’t unduly burden or discrim against interst comm.
factors:
substantial nexus (‘sufficient contacts’)
fairly apportioned (divided and allocated)
not discrim against interst comm
fairly related to services being provided by the st
not preempted by fed law
use tax def
tax upon the use of goods within that st that were purchased outside the st
usu depends on if the interst seller has a sufficient nexus within the taxing st
doing-business taxes/ priv/ occ/ franchise/ license/ gross receipts/ net income - what they must have to be ok
flat annual fee or graduated rate based on amnt of revenue derived from the taxing st
must relate to the benefits conferred by the taxing st upon the interst business
flat license fee
gen uncons
fee on solicitors who solicit local orders and then fill them OOS and ship them thorugh interst comm
license tax
on a peddler
ok when it’s on a person who actually sells and delivers the product within the st
