Federal-state relationship

Question 1

Nature and scope of federal and state powers

Answer 1

Fed gov’t only has powers granted by constitution

States: have police power. Don’t need power source for passing laws. However, 3 constitutional limits:

• exclusive federal powers
• individual constitutional rights
• preemption

Question 2

Immunity of federal government (3 types)

Answer 2

• Sovereign immunity: cannot be sued without consent
• supremacy clause: fed law trumps state law
• taxation: fed gov’t and agencies are immune from state taxation and regulation that would
  interfere

Question 3

Immunity of state governments (3)

Answer 3

• 11th amendment: no suits for money damages against states, except for postwar
  enforcement. suits for injunctive relief ok
• state immune to federal taxation on UNIQUE STATE ACTIVITIES or ESSENTIAL GOV’T
  FUNCTIONS
• Anti-commandeering doctrine: fed can’t force states to act in their sov capacities

Question 4

Dormant commerce claus

Answer 4

States can’t discriminate against out-of-state economic actors unless

• compelling interest AND
• regulation necessary for that interest

State laws that regulate interstate commerce EVENLY are upheld unless burden is clearly excessive re: local benefit

Exceptions:

• Congress can affirmatively authorize
• when states are market participants