Intergovernmental Immunities Flashcards
The states are sovereignties apart from the federal government. When the federal government acts within a state, the state may __________.
impose an income tax on persons who receive a salary from the federal government
The Privileges and Immunities Clause of Article IV, Section 2 of the U.S. Constitution prohibits states from:
Discriminating against nonresidents in matters involving fundamental rights
In order for the judgment of one jurisdiction to be given full faith and credit in another jurisdiction, the following requirements must be met:
The prior judgment must have been made by a court with jurisdiction, the judgment must have been on the merits, and the judgment must have been final
Powers not reserved to the ____________ in the Constitution belong to the __________.
Federal government; states.
The power to regulate foreign commerce:
Lies almost exclusively with the federal government
The doctrine of “field preemption” means that:
Federal laws can occupy an entire field, and preempt any state laws in that field, whether conflicting or complementary
A state or local law may fail under the Supremacy Clause:
Even if it does not conflict with federally regulated conduct or objectives
Under the Tenth Amendment, the federal government may not __________.
commandeer state officials, such as requiring them to do background checks on prospective handgun owners
What does the Fourteenth Amendment Privileges or Immunities Clause protect?
The Rights of National Citizenship
The Tenth Amendment prohibits Congress from:
Commandeering State Officials
When the federal government acts within a state, the state ____________ impose non-discriminatory, indirect taxes on the federal government or its property _____________.
May; as long as they do not unreasonably burden the federal government
A state may NOT sue the United States without
the consent of the United States.
Under what circumstances will a state law or action be held invalidated by the Supremacy Clause?
If it directly conflicts with a federal law or interferes with achievement of a federal objective
What is is not required in order for a state court decision to qualify for full faith and credit?
The Judgment does not need to be penal in nature.
The power to tax imports or exports is
an exclusive federal power.
In determining whether a federal law or program impliedly preempts an entire field of law, courts generally do not consider __________.
whether the state law directly conflicts with the federal law or interferes with achievement of a federal objective
What is an accurate description of the federal doctrine of preemption?
Federal laws can occupy an entire field and prevent any state laws in the field, whether conflicting or complementary
What constitutional provision prevents states from discriminating against nonresidents in matters involving fundamental rights?
The Interstate Privileges and Immunities Clause of Article IV
The ____________ Clause requires states to recognize and honor final judgments rendered in another state.
The Full Faith and Credit Clause
The Interstate Privileges and Immunities Clause:
Prevents states from discriminating against nonresidents in matters regarding fundamental rights
Under the Privileges and Immunities Clause of Article IV, Section 2, __________.
states may not discriminate against nonresidents regarding fundamental rights
May states tax imports and/or exports?
Yes, they may tax either or both with the consent of Congress
Absent congressional consent, states may tax:
neither exports nor imports.
