Federal-State Relationship

Question 1

What is the Immunity of Federal Government?

Answer 1

a) Sovereign immunity: the federal government cannot be sued without its consent
b) Supremacy Clause: federal law is supreme over state law
c) Federal agencies are immune from state taxation and regulation that would interfere with their performance of federal functions – meaning a state cannot mandate that federal agents do something not required by federal law

Question 2

What is Immunity of State Governments?

Answer 2

a) 11th Amendment: Congress cannot create a private cause of action for money damages against a state unless it is using its enforcement powers
b) A state is immune from federal taxation if the tax is applied to unique state activities or essential governmental functions
c) Anti-Commandeering Doctrine: the federal government can’t force states to act, nor prohibit them from acting, in their sovereign capacities (i.e., enforce laws)

Question 3

What Authority is Reserved for the States?

Answer 3

a) Dormant Commerce Clause
i) General rule: States cannot discriminate against out-of-state economic actors

ii) Rule—If a state law discriminates on its face against out-of-state goods or economic actors, the state must show:
(1) The regulation serves a compelling interest; and
(2) The regulation is narrowly tailored to serve that interest

iii) Rule—If a state law merely incidentally burdens interstate commerce, the court will apply a balancing test and the law will be upheld unless the burden imposed on interstate commerce clearly outweighs the local benefits

iv) Exceptions:
(1) Congress may affirmatively authorize states to legislate in areas that would violate the Dormant Commerce Clause
(2) States acting as market participants may discriminate between in-state and out-of-state businesses

Question 4

Exam tip!

Answer 4

the 10th amendment is frequently a “red herring” wrong answer choice, except when the facts show the federal government “commanding”
the states

Question 5

Exam tip!

Answer 5

it does not matter if a state is happy to obey the federal government regarding legislation or enforcement of a law

It is sill unconstitutional

the Spending Clause can often be used instead to achieve the same result

Question 6

State Action v. Private Action

Answer 6

1) State-action requirement: the plaintiff must show that there is governmental action, not private actors (with exception of 13th am.)

2) Exceptions:
a) Public-function theory
i) Where a private entity is carrying on activities traditionally performed by the government (entwinement)

b) Significant-state-involvement theory
i) Where a private party’s action is closely encouraged and supported by the state, the private party’s action can be treated as action by the government (entanglement)

c) 13th Amendment
i) Does not require state action; it protects against actions of private individuals