Federalism

Question 1

What does the 11th Amendment generally prohibit?

Answer 1

Bars citizens from suing their own state in federal court without state’s consent.

Question 2

Under the 11th Amendment, can citizens sue a state official?

Answer 2

Yes, but only for equitable relief.

Thus, you can order an injunction, but you cannot get money damages.

Question 3

ESSAY TIP: How should you discuss a Dormant Commerce Clause case where there is interstate discrimination?

Answer 3

1) Does the law discriminate against interstate commerce?

2) Is there (i) an important state interest and (ii) no other reasonable, nondiscriminatory alternative?

3) Is the state a market participant?

Question 4

ESSAY TIP: How should you discuss a Dormant Commerce Clause case where there is undue burden?

Answer 4

1) Burden?

2) Balancing test

Courts must balance the objective of the law, plus alternatives with whether the benefits are grossly outweighed by the burdens on interstate commerce.

Question 5

Regarding the Privileges and Communities Clause of Article IV, how can a state survive a suit?

Answer 5

A law that discriminates against fundamental rights and essential/commercia activities is unconstitutional UNLESS

1) Substantial Justification for different treatment

AND

2) Different treatment bears a substantial relationship to state’s objectives