Relation of Nation and States in Fed system, Type of action governed by US Cons

Question 1

State police power

Answer 1

the states may regulate any health, safety welfare, moral or aesthetic interest through their respective police power

Question 2

How does the constitution limit the state’s police power?

Answer 2

1. by reserving certain enumerated powers exclusively for the federal gov’t2. by restricting both the federal and state governments from acting in violation of constitutional provisions; and3. by providing under the Supremacy Clause that if Congress enacts legislation with the intention of preempting state law, the congressional regulation will control.

Question 3

Can the federal government be sued by private individuals?

Answer 3

No, unless the gov’t gives its consent

Question 4

Taxation of the federal government by a state

Answer 4

the federal government and its agencies are immune from state taxation and state regulation. States may nevertheless collect nondiscriminatory tax on persons who deal or contract with the federal government.

Question 5

Can states regulate the federal government?

Answer 5

As a general rule, the supremacy clause impliedly prevents the states from regulating the activities of agents or instrumentalities of the federal government if the regulation will interfere with the government’s ability to carry out its federal functions.

Question 6

What are the immunities of the federal gov’t?

Answer 6

Federal gov’t is immune from: suit from private individuals, taxation from states, and regulation from the states.

Question 7

Immunity of state governments via the 11th amendment

Answer 7

Generally, the 11th amendment prohibits citizens of one state from suing another state in federal court. Furthermore, Congress cannot pass a law creating a private cause of action against a state for $ damages, unless it is doing it through the 13th, 14th, or 15th amendments.

Question 8

When can a state be sued by a citizen?

Answer 8

When it consents; a state official can be sued for injunction relief on the theory that his allegedly unlawful conduct was beyond the scope of his authority.

Question 9

Do state governments have immunity from federal taxation?

Answer 9

Only if the tax is applied to:1. Unique state activities; or2. Essential governmental functions.

Question 10

What is the “anti commandeering” doctrine?

Answer 10

Congress is generally limited to the powers granted to it by the constitution and is prohibited by the 10th amendment from commandeering state governments. It also prohibits the federal government from using an enumerated power to force a state legislature to pass a law or state executive official to administer a federal program (this is know as the anti-commandeering doctrine).

Question 11

What does the Constitution prohibit the states from doing? Art I Sec 10

Answer 11

making treaties with other nations, minting coins, passing a bill of attainder, enacting an ex post facto law, impairing the obligation of contracts, laying any duty on imports or exports (except where necessary for executing its inspection laws), engaging in war, or maintaining a peacetime army

Question 12

What is the dormant commerce clause?

Answer 12

The commerce clause gives congress the power to regulate IC. Where Congress has not enacted legislation, the states are free to regulate local transaction affecting IC, subject to certain limitations. Generally, states cannot discriminate b/w in-state and out-of-state actors. States can pass legislation for the protection of health, safety and welfare of its citizens. Furthermore, public health measures are upheld so long as they do not discriminate against or unduly burden IC.

Question 13

Dormant Commerce Clause Limitation 1: When can state law discriminate b/w in-state and out-of-state economic actors?

Answer 13

The state must show that:1. The regulation serves a COMPELLING STATE INTEREST; and2. The regulation is NARROWLY TAILORED to serve that interest

Question 14

DCC limitation 2: when state law merely burdens IC, what must it show?

Answer 14

1. The regulation serves an IMPORTANT state interest2. The burden on IC is NOT EXCESSIVE in relation to the interest servedIf it furthers no ostensible benefit and imposes a substantial burden on IC, it will likely be held unconstitutional.

Question 15

Two exceptions to DCC

Answer 15

1. Congress may affirmatively authorize states to legislate in areas that would violate the DCC; and2. when states act as MARKET PARTICIPANTS, they may discriminate b/w in-state and out-of-state businesses

Question 16

can states tax IC?

Answer 16

the DCC applies to state taxes: states can tax IC as long as the tax does not discriminate against IC and as long as the tax does not excessively burden IC.

Question 17

When is a state tax on IC valid?

Answer 17

If:1. it is not preempted by federal law2. it does not discriminate against IC3. it has a substantial nexus b/w the activity taxed and the taxing state4. there is a fair apportionment and relationship

Question 18

What must be shown for there to be a con law violation by a state or fed gov’t?

Answer 18

State action requirement: the pf must first show that there is government action (as opposed to actions by a private actor). This is true with the exception of the 13th amendment, which prohibits slavery by both individual actors and governmental actors.

Question 19

What are the two exceptions to the state action requirement?

Answer 19

Public function theory: where a private entity is carrying on activities traditionally and exclusively performed by the government, state action can be found.Significant State Involvement theory: where the gov’t and private entity are so closely related that the action by the private party fairly can be treated as action by the gov’t