Intergovernmental Immunities Flashcards
Federal Immunity - Regulation by States
States have no power to regulate the federal gov unless congress permits state regulation or state regulation is not consistent with existing federal policy.
ex. state wage per hour laws.
Federal Immunity - Taxation by the States
Federal Gov is immune from taxation by states.
State Immunity - Federal Regulation
Federal Gov has virtually unlimited power to regulate the states.
Congress and the States
Congress has the power to regulate the states if they’re exercising an enumerated power.
Commandeering
Congress cannot commandeer state legislature by commanding them to enact specific legislation or administer a federal regulatory program.
Coercion
Congress can encourage states to act in ways which it can’t directly compel, but the encouragement cannot exceed tot he point which pressure turns into compulsion.
State Legislatures - Immunity
Absolutely immune from suit for actions within legislative activity.
Federal Taxation
Fed Gov can tax a state
State filing suit against US
US must consent
Suits against federal officers are also limited/prohibited
