Federal and State Immunity Flashcards

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1
Q

What is sovereign immunity?

A

Prevents the federal government from being sued without its consent

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2
Q

What is the Supremacy Clause

A

States that federal law is supreme over state law

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3
Q

To what extent are federal agencies immune from state taxation and regulation?

A

Federal agencies are immune from state taxation and regulation that would interfere with their performance of federal functions and states cannot mandate federal agents do something that isn’t required by federal law

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4
Q

What is 11th A grant of immunity regarding state governments?

A

11th A states that Congress cannot create a private cause of action for money damages against a state unless it is using its enforcement powers

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5
Q

When is state immune from federal taxation?

A

A state is immune from federal taxation if the tax is applied to unique state activities or essential government functions

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6
Q

What is the anti-commandeering doctrine?

A

The federal government can’t force states to act, nor can it prohibit them from acting in their sovereign capacities

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