Intergovernmental Tax and Regulation Immunities

Question 1

Congress may subject state and local government activities to regulation or taxation if the law or tax . . .

Answer 1

applies to both the public sector and private sector.

Question 2

Can Congress tax an activity which is purely a state or local governmental activity?

Answer 2

Usually not, under the Tenth Amendment.

Question 3

How can Congress regulate states using its spending power?

Answer 3

Congress can regulate states through the spending power by imposing conditions on the grant of money to state or local governments without violating the Tenth Amendment.

Question 4

In order to regulate the states by placing conditions on the receipt of federal funds without violating the Tenth Amendment, Congress must show what?

Answer 4

Congress must show that the conditions are 1) clearly stated; 2) relate to the purpose of the program; and 3) are not unduly coercive.

Question 5

Can Congress require that state executive officials enforce federal laws?

Answer 5

No.