Intergovernmental Immunities

Question 1

What is anti-commandeering?

Answer 1

Congress cannot force states to adopt or enforce regulatory programs. Can bribe with federal funds though.

Question 2

What are the intergovernmental immunities?

Answer 2

Federal government is generally immune from direct state regulation of tax. Can tax indirectly (taxing income of federal employees).

States not immune from direct federal regulation.

States cannot shield state officers from federal liability for violating federal constitutional rights. Exception: anti-commandeering.