Relation of the Nation and the States in the Federal System Flashcards
What is federalism?
The co-existence of the national govenrment and the state governments
What does the 10th amendment provide?
That any powers not delegated to the united states by the constitution are reserved to the states respectively or to the people
What can a state regulate through their police powers?
health, safety, wefare, moral, or aesthetic interest throughout their police powers
How does the constitution limit a state’s police powers?
1) by reserving enumerated powers exclusively for the federal government
2) restricting both the federal and state governments from acting in violation of constitutional provisions; and
3) providing under the supremacy clause that if congress enacts legislation with the intention of preempting state law, the congressional regulation will control
Define
Immunity of the federal government
The federal government and its agencies are immune from suits by private individuals except where they allow themselves to be sued
What is the taxation principle dervied from mcculloch v. maryland?
The federal government and its agencies are immune from state taxation and state regulation
Define
The Dormant Commerce Clause
Where congress has not enacted legislation, the states are free to regulate local transactions affecting interstate commerce (subject to certain limitations)
What is the effect of a state law that discriminates on its face between in-state and out-of-state economic actors?
The state must show that:
1) the regulation serves a compelling state interest; and
2) the regulation is narrowly tailored to serve that interest
What is the effect of a state law that merely incidentally burdens interstate commerce?
The court will apply a balancing test and the law will be upheld unless the burden imposed on interstate commerce clearly outweights the local benefits
Reserved State Power in Taxation
What is the general rule for state taxation on interstate commerce?
It is permissible as long as the tax does not discriminate against or unduly burden interstate commerce
What does it mean for there to be a substantial nexus between the activity taxed and the taxing state?
1) the taxpayer must have sufficient contacts or presence within the taxing state
2) substantial nexus is more than minimum contacts (udner due process clause)
Generally The tax on interstate commerce is valid if:
1) not preempted by federal law
2) does not discriminate against interstate commerce
3) has a susbtantial nexus
4) there is a fair appoinment and relationship
