Intergovernmental Immunities

Question 1

What does the state lack with regards to the federal government and its instrumentalities?

Answer 1

State lacks the power to regulate the federal government
-> UNLESS permitted by Congress or not inconsistent with federal policy

State lacks the power to impose taxation on the federal government and its instrumentalities
-> UNLESS the state uses generally applicable indirect taxes that do not unreasonably burden the federal government

Question 2

Does the federal government have virtually unlimited power to regulate the states?

Are there any limitations?

Answer 2

Yes.

Limits:
-> as long as Congress is exercising one of its enumerated powers, Congress generally may regulate the states
-> Congress cannot “commandeer” states legislatures by commending them to enact specific legislation (or prohibiting a state from enacting new laws)

Question 3

What are the limitation on Congress’s usage of conditional funding to force states to follow what it says?

Answer 3

The condition must
-> be fore the “general welfare”
-> be unambiguous
-> relate to federal interest in particular national projects or programs
-> not induce states to act unconstitutionally
AND
-> not exceed the point at which “pressure turns into compulsion”

Question 4

Can the federal government tax a state?

Answer 4

Yes the federal government may tax a state, BUT states have partial immunity from direct federal taxation that would unduly interfere with the performance of the states’ “sovereign functions of government.”