Federal-State Relationship Flashcards
What is sovereign immunity?
Federal government can’t be sued without its consent
What is the supremacy clause?
Federal law is supreme over state law
What immunity do federal agencies have?
Immune from state taxation and regulation that would interfere with their performance of federal functions
What is the anti-comandeering doctrine?
Federal government can’t force states to act or prohibit them from acting in their sovereign capacities
What is the dormant commerce clause?
States can’t discriminate against out-of-state businesses; unduly burden interstate commerce; or regulate out-of-state activity
If a state law discriminates against out of state businesses on its face, what standard of review is applied?
The regulation must serve a compelling interest and be narrowly tailored
If a state law discriminates against out of state businesses and the discrimination is only incidental, what standard of review is applied?
Court will apply a balancing test. Law will be upheld unless the burden imposed on interstate commerce is excessive.
What are the exceptions to the Dormant Commerce Clause?
(1) Congress can authorize it;
(2) States acting as market participants (state controls the entire industry);
(3) performance of traditional government functions;
(4) necessary to an important state interest
What is the full faith and credit clause?
The judgment on the mertis in one state must be given the full faith and credit in another state
What is federal immunity?
(1) states can’t sue the federal government
(2) states can’t tax the federal government
(3) state can tax individuals who work for the federal government
(4) individuals can’t sue the federal government, unless the government gives consent
What is state immunity?
(1) federal government and other states are allowed to sue an individual state;
(2) federal government can’t tax a state if the tax relates to the government activity
(3) federal government may tax a proprietary business that happens to be on state property
What is the Tenth Amendment?
States have police power. States can pass any laws for the health, safety, and welfare of its citizens
