Relations between Federal and State Governments

Question 1

Supremacy Clause

Answer 1

State law conflicts with fed law, who wins: fed law. Federal law is always the supreme law of the land.

*If the laws don’t conflict but one is stricter than the other. A state law can be tougher and more restrictive than a fed law. It cannot be less restrictive than a fed law.

Question 2

The commandeering Rule

Answer 2

The federal gov cannot require/ command the state to do anything. Congress can ask and work with the state but they cannot require them to do anything

Question 3

The Dormant commerce clause

Answer 3

State law regulating business CANNOT discriminate against out of state business.

State passing law about a business effecting out of staters

Question 4

Congress acting to regulate through…

Answer 4

Commerce Clause

Question 5

State acting to regulate through…

Answer 5

Dormant commerce clause

-Discrimination on face: Strict scrutiny

-Incidental (effect)= Intermediate scrutiny applies

Question 6

When can the state pass a law that discriminates against out of state businesses?

Answer 6

When the state is acting as a market participant: When the state itself runs the business, the industry. In this case state can discriminate.

Question 7

Full Faith and Credit

Answer 7

Judgment in A must be given full faith and credit in state B.

AKA respect judgement in another state

Question 8

Federal immunity

Answer 8

1. A state cannot sue the federal government.
2. The states cannot tax the federal government
3. People who work for the government can be taxed even tho they work for the gov.
4. An individual cannot sue the federal government except when the fed gov consents to the suit. They would pass a statue allowing you to sue them

Question 9

State immunity

Answer 9

1. **The federal gov and other states may sue a state. No immunity from suit.
2. The federal gov cannot tax a state if the tax is applied to a gov activity or function
3. However, the fed gov may tax if its applied to a proprietary business. (an indiv who runs a business that happens to be on state property).

Question 10

Federal Immunity vs. State Immunity Summary

Answer 10

AKA
* Fed government and states can sue a state

• Federal gov may not tax a government activity
• Federal gov may tax a proprietary business.

Question 11

Police power

Answer 11

*The state has the popo power (10 amendment states right)**. A state can pass any law as long as its for the health safety and welfare for its citizens.

*There is no federal popo power.