Federalism Flashcards
Full Faith and Credit re. Judgments
Under the Full Faith and Credit Clause of the United States Constitution, states must give full faith and credit to the judgment of another state if the judgment is final, on the merits, and rendered by a court with jurisdiction.
True of False
States have some power to regulate the activities of the Federal Government in their state.
FALSE! Unless…the Federal Govt consents to regulation
States have no power to regulate the activities of the federal government unless Congress consents to the regulation.
Thus, instrumentalities and agents of the federal government are immune from state regulations relating to performance of their federal functions.
Doctrine of Federalism to State Legislators
The doctrine of federalism generally bars applying federal law to state legislators in the course of their duties.
The general principles of intergovernmental immunity prevent federal interference with state governmental functions.
True or False
Must the federal government pay the sales tax applicable to the new auto purchase?
FALSE!
As a direct tax on the federal government, the sales tax is invalid unless Congress has consented to such a tax.
Federal Fovernment is immune from State regulations.
State and local governments cannot tax or regulate the activities of the federal government.
Under what provisions of the Constitution has Congressed addressed Racial Discrimination?
Congress has addressed the problem of racial discrimination primarily under the Commerce Power, but the Thirteenth Amendment does contain an enabling clause that would authorize this type of statute because it is not limited to governmental action.
—Separately—
Due Process Clause of the Fifth Amendment has been applied to the federal government (Fed Govt discriminating) in the same way that the Equal Protection Clause of the Fourteenth Amendment has been applied to states (States discriminating) in racial segregation cases
Thresholds for “Unduly Coercive” under the Tenth Amendment for Grants
Money with strings attached are valid IF:
* Restrictions are CLEAR;
* Resrictions reasonably relates to the purpose of the program; and
* Restrictions are not unduly coercive.
Financial Threshold:
* Losing funding of 10% or above, generally considered coercive.
Interstate Privileges and Immunities Clause of Article IV, Section 2
This clause, which provides that “citizens of each state shall be entitled to all Privileges and Immunities of citizens in the several states,” prohibits discrimination by a state against nonresidents when the discrimination involves “fundamental rights.”
Fundamental rights for purposes of this clause are those involving important commercial activities (such as pursuit of a livelihood) or civil liberties.
Supremacy Clause
- Federal contracts take presedence over conflicts with state statutes, and in principles of federal immunity from state regulation. This also means that contractors building something for the Govt, are by principle not affected by the state conflict applied to the contract.
True of False
Congress can regulate wages and hours of state and local employees?
TRUE!
The Commerce Clause of Article I, Section 8 vests in Congress broad powers to regulate any activity, local or interstate, which either in itself or in combination with other activities has a substantial economic effect upon, or effect on movement in, interstate commerce.
Under this approach, Congress clearly has the power to regulate wages and hours of those employed by private employers.
This power has been held applicable to state and local governments; Congress can therefore require state or local governments to follow the provisions of federal legislation requiring a state or private employer to pay overtime wages to its employees.
Court Enforcement of Restrictive Covenants in Deeds
Constitutes state action, and thus a court may enforce a restrictive covenant only if it is constitutional. (this includes covenants between private parties)
Under the Due Process Clause, unless fundamental rights are involved, government action is constitutional as long as it is rationally related to any conceivable legitimate end of government.
True or False
A State can levy taxes discriminating on foriegn imported goods.
TRUE!…as long as Congress has consented to the tax.
No state shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws.
