General Principles Flashcards
What suits are barred by the 11th Amendment?
(i) Citizens of one state suing another state in federal court;
(ii) Suits in federal court against state officials for violating state law; and
(iii) Citizens suing their own state in federal court.
Note: These are subject to exceptions.
What does it mean for a judgment to rest on “adequate and independent state grounds”?
The state law grounds fully resolve the matter (i.e., be adequate) and do not incorporate a federal standard by reference (i.e., be independent). The U.S. Supreme Court may not review a final state-court judgment that rests on adequate and independent state grounds.
A political question not subject to judicial review arises when: [Name the two possibilities.]
(i) The Constitution has assigned decision making on this subject to a different branch of the government; or
(ii) The matter is inherently not one that the judiciary can decide.
When does a taxpayer have standing to file a federal lawsuit?
A taxpayer has standing when the taxpayer challenges governmental expenditures as violating the Establishment Clause. A taxpayer also has standing to litigate whether, or how much, she owes on her tax bill.
When can the states tax the federal government?
When that tax is indirect and does not unreasonably burden the federal government (e.g., state income taxes on federal employees)
In the absence of federal regulation, state regulation of commerce is valid so long as: (Name the three rules)
(i) There is no discrimination against out-of-state interests;
(ii) The regulation does not unduly burden interstate commerce; and
(iii) The regulation does not apply to wholly extraterritorial activity
In what two scenarios does private conduct amount to state action?
(i) When a private person carries on activities that are traditionally performed exclusively by the state; and
(ii) When the government is significantly involved in private discrimination.
When may a state tax instrumentalities of commerce?
Only when:
(i) The instrumentality has a taxable situs within (or sufficient contacts with) the taxing state; and
(ii) The tax is fairly apportioned to the amount of time the instrumentality is in the state.
A state may impose a nondiscriminatory tax on interstate commerce, as long as the following three requirements are met:
(i) There is a substantial nexus between the taxing state and the property or activity to be taxed;
(ii) There must be fair apportionment of tax liability among states; and
(iii) The tax must be fairly related to the services provided by the taxing state.
When does a private party constitute state action?
State action is found when a private person carries on activities that are traditionally performed exclusively by the state, such as running primary elections or governing a “company town.”
