Relation of the Nation & the States

Question 1

10th Amendment

Answer 1

Provides that powers not delegated to the federal government are reserved to the states

***states have general police power, there is no federal police power

Question 2

The US Constitution limits the states powers by

Answer 2

1. reserving certain enumerated powers for the fed govt
2. restricting fed and state govts from violating constitutional provisions
3. congress may explicitly preempt state law

Question 3

The supremacy clause rule states that…

Answer 3

the states may not regulate activities of agents or instrumentalities of the fed govt if the regulation will interfere with the govts ability to carry out its federal functions

Question 4

The supreme court has original but not exclusive jdxn when

Answer 4

1. the fed govt or one of its agencies sues a state

Question 5

A state enjoys immunity from federal taxation if the tax is applied to:

Answer 5

1. unique state activities UNLESS the state engages in a proprietary business like a private individual
2. essential govt. functions

Question 6

Constitution prohibits the states from

Answer 6

1. making treaties with other nations
2. coining money
3. passing a bill of attainder
4. enacting an ex post facto law
5. impairing the obligation of Ks
6. laying duties on importers or exporters not necessary for inspection laws
7. engaging in war
8. maintaining a peacetime army

Question 7

If a state law discriminates ON ITS FACE between in-state and out-of-state economic actors, the state must show that

Answer 7

1. the regulation serves a compelling state interest

2. the regulation is narrowly tailored to serve that interest

Question 8

If a state law MERELY INCIDENTALLY burdens interstate commerce..

Answer 8

the court will apply a balancing test and uphold the burden UNLESS the burden imposed on interstate commerce clearly outweighs the local benefits

Question 9

Exceptions to the Dormant Commerce Clause

Answer 9

1. where congress authorizes states to legislate accordingly

2. when the state acts as a market participant, they may discriminate between in and out of state business

Question 10

A states tax on interstate commerce is permissible if

Answer 10

the tax doesn’t discriminate against or unduly burden state commerce

Question 11

What is the dormant commerce clause?

Answer 11

where congress has not acted legislation, the states are free to regulate local transactions affecting interstate commerce, subject to certain limitations.

Question 12

When may a citizen sue his state?

Answer 12

1- if the state consents expressly and unequivocally

2- if a state officer is sued for injunctive relief on the theory that his allegedly unlawful conduct was beyond the scope of his authority

Question 13

Generally, when is state taxation of interstate commerce permissible?
(4 points)

Answer 13

1- when its not preempted by federal law

2- it does not discriminate against interstate commerce

3- there is a substantial nexus between the activity taxed and the taxing state

4- there is a fair apportionment and relationship

Question 14

Sales Tax Validity

Answer 14

Valid- If the sale is consummated w/in the state

Invalid- if sale made to buyer outside the the state

Question 15

Use Tax Validity

Answer 15

Valid if there is a nexus between the use of the good and the taxing state

Question 16

Doing Business Tax Validity

Answer 16

Valid if it relates to the benefits conferred by the taxing state

Question 17

Net Income Tax Validity

Answer 17

Valid only as long as the tax is fairly apportioned, has a significant nexus and is nondiscriminatory

Question 18

Flat License Fee Validity

Answer 18

generally unconstitutional

Question 19

License Tax Validity

Answer 19

Valid when licensed activity is in the state and is applied indiscriminately