Relations between federal and state governments

Question 1

Supremacy clause rule:

Answer 1

• if a conflict exists inter Fed and State law the Federal always wins

Question 2

Tenth Amendment and law restrictiveness

Answer 2

state law can be MORE RESTRICTIVE than the federal law

Question 3

what does the 10th amendment cover?

Answer 3

• state law restrictiveness
• ^state police power
• state passing laws for health safety and wellness
• Congress’s CANNOT commandeer states to adopt a law

Question 4

Is there a federal police power?

Answer 4

no! NO federal police power

Question 5

1) The FDA puts out a regulation that meat needs to
be cooked at 350 degrees for 30 minutes to
extract all the bacteria from the meat. Oklahoma
says in Oklahoma you must cook meat at 400
degrees for 45 minutes. Can Oklahoma pass such
a law?

Answer 5

yes because they are making the regulation more restrictive in order to protect the welfare and safety of their citizens

Question 6

2) California wants everyone to be a vegetarian and
wants to pass a less restrictive law than the fed. standard. Can they do so?

Answer 6

No. can only make it more restrictive

Question 7

Commandeer rule

Answer 7

federal gov/Congress CANNOT REQUIRE a state to make a law
but MAY regulate states on the same terms as private actors)

Question 8

How to tell if Fed. action is NOT violating a State’s 10th am. rights

Answer 8

If Fed Action is:
(1) a direct regulation,
(2) that is generally applicable, and (3) does not commandeer (force the state to pass a law) > then it is constitutional and NOT violating the 10th amendment

Question 9

Dormant Commerce Clause rule

Answer 9

state Law regulating business CANNOT discriminate against out-of-state businesses

Question 10

Examples of the dormant commerce clause

Answer 10

Dormant Commerce Clause:
oState of Florida passing a law regulating how many fish can be caught and sold in the commercial fishing business

^this law would trigger the dormant commerce clause quia the Florida law is extending to the entire commercial fishing business, not just Florida fisheries

Question 11

What standard of review do we apply when a State law is discriminatory against out of state businesses on its face?

Answer 11

strict scrutiny applies

Question 12

strict scrutiny standard

Answer 12

state must have a compelling government interest that the law is serving
AND
law must be narrowly tailored to suit the needs of the people

Question 13

What about when the state law is discriminatory not on its face, but in its effect?

Answer 13

• the intermediate scrutiny applies
• the burden on Commerce should not be excessive

Question 14

intermediate scrutiny

Answer 14

gov must show an important interest
AND
that the law/means of supporting that interest is substantially related to that interest

Question 15

Market Participant Exception

Answer 15

• if the state is a market participant, ie: st controls the entire industry, then the state MAY discriminate

Question 16

Full faith and credit rule

Answer 16

judgement in one state must be given full faith and credit in another state

Question 17

What two kinds of governmental immunity are there?

Answer 17

1. federal immunity
2. state immunity (11th am.)

Question 18

What are the hallmarks of federal immunity?

Answer 18

1. states cannot sue the federal government
2. states cannot tax the fed. gov, only individuals
3. an individual cannot sue the fed gov unless the fed gov consents

Question 19

what are the hallmarks of state immunity? (11th amendment)

Answer 19

1. fed gov and States CAN sue a state
2. fed gov may not tax a state government activity BUT can tax a proprietary business

Question 20

How can a Federal Statute over come State Immunity? (11th amendment)

Answer 20

A fed. Stt. Can ignore/overcome 11th am. immunity IF:

(1), the statute unambiguously asserts that it does so;
AND
(2) Congress enacted the statute under a power that may abrogate Eleventh Amendment state immunity

^congress can abrogate st. immunity (11th) when it exercises its powers under amendments that are later than the 11th am.)