Immunities Flashcards
McCulloch v MD
The Constitution specifically delegates to Congress the power to tax and spend for the general welfare, and to make such other laws as it deems necessary and proper to carry out this enumerated power. Additionally, federal laws are supreme, and states may not make laws that interfere with the federal government’s exercise of its constitutional powers.
Watergate
The existence of an alternative means of public access to judicial records weighs against granting release under the common-law right of access to judicial records.
Collector v. Day
i. Immunity recognized for the salary of a statute judge, held to be immune from federal taxation. Don’t have to pay taxes in the place where you are a diplomat.
ii. Taxation is the context
iii. Underlying principle of sovereignty
iv. Applies to the judge
Sourth Carolina v. United States
Consumers save money and earn more revenue from states
i. Immune from federal taxes
NY v US (1946)
water one
Tax Case about mineral water being sold in Saratoga, trying to get out of taxes. Should NY pay taxes on profits from making Mineral Water
i. Yes, b/c why?
1. Power to tax power to destroy creates immunity
2. Want to make sure that the federal government undermines the states ability to function as effective governments
3. Put such burdens on people so that they can’t do their jobs
4. No discrimination rule, you can make federal laws, discriminations apply to the federal government as long as you are not targeting them.
a. If mineral water tax break applies to private mineral water seller then it also has to apply to the state selling mineral water.
b. If rule is non-discriminatory then that is sufficient protection says Justice Frankfurter
National City Usery
Congress may not regulate the labor market of state employees. The Tenth Amendment prohibits Congress from enacting legislation which operates “to directly displace the States’ freedom to structure integral operations in areas of traditional governmental functions.”
While the power of Congress under the Commerce Clause is “plenary,” that power has constitutional limits.
In this case, the exercise of the commerce power ran afoul of the Tenth Amendment which protects the states’ traditional activities.
South Carolina v. Baker
States cannot bring substantive challenges to federal laws under the Tenth Amendment but may only allege that a statute contains process defects.
NY v. US (1992)
radio active waste one
ii. Federal Law Can’t target the states if it doesn’t target everyone else
1. Federal Law can’t tell state governments to regulate on behalf of Federal government (NY v. US 1992)
Printz v. US
Anti-commandeering principle [subset of no discrimination principle] how do they extend it.
What does the federal regulation do to state governments there?
Requires officers of the state to be in charge of the federally mandated background checks.
Neither in the making nor the implementation you can’t make people do it. State can agree but can’t be forced.
Reno v. Condon (10th amend)
Part of regulatory scheme, specific rules for DMV were distinctive to the DMV. Federal rules there putting a restriction on state governance. You would think that would violate a no-discrimination principle. Part of regulating a broader class of people overall.
Tension between this case and no discrimination principle from Printz + NY US.
Murphy v. NCAA
NJ Sports gambling case. Just because congress can regulate the area of pre-empting state governments, does not mean that congress can make rules about what state governments can and can not do.
Seminole Tribe of FL
Seminole Tribe v. Florida: [Suiing State governments in Federal Courts]
Majority of the judges say there is a state immunity from suit, going beyond suits that are brought on the basis that one of the litigants is a citizen of one state.
Basis of suit is not simply due to diversity, a federal law is the subject of the lawsuit. 11th amendment doesn’t cover the universe of situations where state sovereignty applies.
Ex Parte Young
Ex parte Young: When particular state officials are not doing what they are supposed to do, the people who are affected by that law can sue the state official to get an injunction requiring them to perform their legal duty
Alden v. Maine
you can’t sue in state court to make the state government conform to a federal law, if the State has this immunity. Immunity extends to suits in state court
Kimel v. FL bd of regents
The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution does not prohibit all discrimination against an employee on the basis of the employee’s age.
