Federal-State Relationship Flashcards
How is a state’s power limited?
A state’s power is limited only insofar as no state may pass any law that violates the Constitution. The state does not need to be empowered by the Constitution to pass constitutional laws – its powers are inherent.
How is the federal government’s power limited?
The Federal government, however, is limited to passing laws in only those areas in which the Constitution bestows it power.
What does it mean for the federal government to have sovereign immunity?
The federal government cannot be sued without its consent
What is the supremacy clause?
States that federal law is supreme over state law
How does the federal government have immunity over state governments?
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
How are state governments immune from federal interference under the Eleventh Amendment
Under the 11th Amendment, Congress cannot create a private cause of action for damages against a state unless it is using its enforcement powers
How are state governments immune from federal taxation?
A state is immune from federal taxation if the tax is applied to unique state activities or essential governmental functions
How are state governments immune under the 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)
What does the dormant commerce clause require?
States cannot discriminate against out-of-state economic actors
What must a state show to justify discriminating against an out-of-state economic actor?
(1) The regulation serves a compelling interest; AND
(2) The regulation is narrowly tailored to serve that interest
Will a state regulation be upheld if it incidentally burdens interstate commerce?
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
What is the state action requirement?
For suits against the government, the plaintiff must show that there is governmental action
What are the three exceptions to the state action requirement?
- public function theory
- significant state involvement theory
- 13th Amendment
What is the public function theory?
The state action requirement may be satisfied where a private entity is carrying on activities traditionally performed by the government
What is the significant-state-involvement theory?
The state action requirement may be satisfied 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
