Federal-State Relationship

Question 1

Sovereign immunity

Answer 1

the federal government cannot be sued without its consent

Question 2

Supremacy clause

Answer 2

federal law is supreme over state law

Question 3

Federal agencies are immune from state taxation and regulation that would:

Answer 3

interfere with their performance of federal functions

Question 4

11th amendment

Answer 4

Congress cannot create a private cause of action for money damages against a state unless it is using its enforcement powers

Question 5

A state is immune from federal taxation if

Answer 5

the tax is applied to unique state activities or essential governmental functions

Question 6

Anti-commandeering doctrine

Answer 6

the federal government can’t force states to act in their sovereign capacities ( enforce laws)

Question 7

Dormant commerce clause

Answer 7

states cannot discriminate against out of state economic actors.

Question 8

If a state law discriminates on its face against out of state goods or economic actors, the state must show:

Answer 8

1) the regulation serves a compelling interest; and 2) the regulation is necessary to the compelling interest.

Question 9

If a state law incidentally burdens interstate commerce, the state must show:

Answer 9

1) the regulation serves an important state interest; and

2) the burden on interstate commerce isn’t excessive in relation to the interest served