Legislative Powers - Commandeering the States & General Applicable Laws Flashcards
What was the rule of law that came from US term limits v. Thornton?
The requirements for membership in the United States Congress are established by the Qualifications Clause and may not be amended by individual states.
States don’t have the right to impose term limits on federal legislatures
What does the 10th amendment reserve the rights to?
only reserves the rights for states that they had before the constitution because the federal government did not exist then
Does the text of the constitution set out qualifications for legislative representatives and senators?
yes
What was the rule of law that came from National League of Cities?
The Fair Labor Standards Act as applied to state employers is unconstitutional as a violation of the Tenth Amendment.
What case eventually overruled National League of Cities?
Garcia v. SAMTA
What are the 4 requirements for state immunity?
- the law must regulate “states as states”
- Must address matters of “state sovereignty”
- Compliance must impair state ability to regulate in areas of “traditional government function”
- Relation of state and federal issue must not be such that the nature of the federal interest justifies state submission.
What was the rule of law that came from Garcia v. SAMTA?
Congress’s application of FLSA to the employment actions of a state municipal transit authority is a constitutional exercise of its Commerce Clause power.
T/F
Where a government agency has been subject to a generally applicable rule, it is okay to require them to follow the law.
True
What were the methods of reasoning in New York v. U.S.?
Textual – 10th Amendment poses limits on federal government
Structural – federalism and democratic accountability; state citizens will blame state officials.
What was the rule of law that came from New York v. U.S.?
Congress may not compel states to enact or administer a federal regulatory program.
Can congress commandeer the legislative process of the state?
no, they cannot force (or be coercive) the choosing of two evils such as legislating to remove waste or taking title to it
What was the rule of law that came from Printz v. U.S.?
Congress may not compel state officials to participate in the administration of federal programs.
What were the methods of reasoning in Printz v. U.S.?
structural – separation of powers
pragmatic – unlawful cost shifting
Can congress commandeer state executives/officials?
no, this would be unconstitutional
