Federal and State Regulation

Question 1

A state or local action that discriminates against interstate commerce violates the dormant commerce clause unless:

Answer 1

1. it furthers a legit, noneconomic state or local interest
   and
2. no reasonable alternatives exist.

Question 2

A state or municipal tax on interstate commerce is valid if it is: (4)

Answer 2

1. levied on persons or activities that have a substantial nexus with the taxing entity,
2. fairly apportioned,
3. nondiscriminatory,
   AND
4. fairly related to the services provided by the taxing entity.

Question 3

A state legislator has absolute immunity from state civil and criminal liability for actions taken:

Answer 3

Pursuant to official legislative functions. (Ie making speeches in the legislature).

Question 4

A state legislator has absolute immunity from federal civil liability for official legislative actions: But not-

Answer 4

Immunity from federal criminal liability.

Question 5

The federal gov - including its agencies or instrumentalities - is not subject to state and local taxes or regulations in the absence of what?

Answer 5

Congressional consent.

Question 6

Under the full faith and credit clause, a state court must recognize and enforce a judicial decision by a court in another state when. (3)

Answer 6

1. that court had personal and SJM jdx.
2. the case was decided on its merits
   AND
3. a final judgement was entered.

Question 7

States can tax the affiliates of the federal gov. unless: (3)

Answer 7

1. congress has granted the affiliate immunity,
2. the tax is discriminatory,
   OR
3. the tax substantially interferes with the affiliate’s federal purpose or duties

Question 8

What does the supremacy clause hold?

Answer 8

Under the supremacy clause the US constitution, fed laws, and treaties preempt conflicting state constitutions, state law, and local laws.

Question 9

What is the Compact clause ?

Answer 9

The compact clause requires states to obtain Congress’s consent for agreements between the states (ie, interstate compacts) that increase the political power of the compacting states at the expense of the federal gov.

Question 10

The 10th amendment prohibits the fed gov. from?

Answer 10

Requiring states to
1. enact states laws
OR
2. enforce fed. law.

Question 11

The dormant commerce clause does not apply when

Answer 11

A state acts as a market participant (buyer or seller).