Relations Between Federal and State Governments

Question 1

What is the scope of powers reserved for the states under the 10th Amendment to the Const?

Answer 1

All powers not delegated to fed government reserved to the states

TIP: powers not enumerated to fed government are reserved to the states under the doctrine of implied powers

Question 2

What is the purpose of the Supremacy Clause

Answer 2

ensures that fed law is supreme law of land - will prevail over any conflicting state/local law

TIP: a state law may be “preempted” - expressly or impliedly - by federal law b/c its supreme

Question 3

Full Faith and Credit

Answer 3

Ensures that one state’s final judgment on the merits is conclusive in every other state

Question 4

May a state sue the US in fed or state court?

Answer 4

NO - prevents states from suing the fed gov w/out its consent

-exception: where congress has specifically passed legislation allowing it

Question 5

Which two types of legal actions may be brought against a state officer?

Answer 5

If it involves either:

1. inductive relief for violating the US const or federal law; OR
2. money damages that would be paid by the officer personally (ie, not by the state treasury)

Question 6

May one state sue another state w/out its consent?

Answer 6

YES

TIP: in this situation, SC has exclusive and original jurisdiction to hear the case

Question 7

What is the purpose of the Dormant Commerce Clause?

Answer 7

prohibits states from interfering w/ Congress’s plenary commerce powers (ie, prevents states from discriminating against or unduly burdening interstate commerce)

TIP: the federal commerce power automatically limits states’ authority to discriminate against or unduly burden interstate commerce

Question 8

What is a “NON-discriminnatory” state law for purposes of the Dormant Commerce Clause?

Answer 8

A state/local law is nondiscriminatory if it burdens both in and out of state economic interest (ie, does not favor local interest over others)

TIP: a non-discrim state regulation is more likely to be upheld, although it must still satisfy certain criteria

Question 9

What is a “discriminatory” state law for purposes of the Dormant CC?

Answer 9

If it intentionally burdens out of state commercial interests more than comparable in-state interests for the benefit of the local economy or has a discriminatory effect on out-of-staters

TIP: discriminatory state law only upheld in limited circumstances

Question 10

What are the 2 requirements for upholding a discriminatory state law under Dormant CC?

Answer 10

A state/local law that discriminates against interstate commerce will be upheld IF:

1. it furthers an important, NON-economic state/local interest (eg, safety or health) AND
2. there are no reasonable alternatives available

TIP: the discrim law may also be upheld if there id federal legislation expressly authorizing it

Question 11

What is a “doing business” tax?

Answer 11

assessed on ANY entities that do business inside the state, including in and out of state businesses

TIP: this may be called a privilege, occupation, license, or franchise tax, or merely gross receipts or net income

Question 12

What is a “use” tax?

Answer 12

one imposed on users of goods that were purchased outside of the state

Question 13

May a state impose sales taxes on local businesses that sell to out-of-state buyers?

Answer 13

Depends on whether the buyer takes possession of the goods

-a state MAY impose a sales tax on a local seller IF the sale is made to a buyer who takes possession WITHIN the state

-a state may NOT impose a sales tax on a local seller IF the sale is made to a buyer who takes possession OUT of state

TIP: if the sale is made to a local buyer from a seller that operates in interstate commerce, a different analysis applies

Question 14

May a state impose a tax on cargo simply because it passes through that state while in transit?

Answer 14

NO

Question 15

What are the requirements of a valid “doing business” tax?

Answer 15

Valid if:

1. no federal legislation governs;
2. the tax is nondiscriminatory; AND
3. the state’s need for revenue outweighs the burden imposed on interstate commerce

TIP: this analysis is similar to whether a state may regulate interstate commerce

Question 16

What are the 3 factors balanced to determine whether a state’s “doing business” tax is an undue burden?

Answer 16

Courts will balance whether:

1. there is a substantial nexus between the activity being taxed and the taxing state;
2. the tax is fairly apportioned; AND
3. the tax is fairly related to the services being provided

Question 17

May states impose taxes on federal property?

Answer 17

No

Question 18

What is the scope of states power to regulate sale of alcohol?

Answer 18

states may decide whether to allow the importation or sale of alcohol destined for local consumption or use, as well as how to structure distribution

TIP: 21st amendment gives states more regulator power over liquor than any other part of interstate commerce

Question 19

May Congress intervene if a state activity violates an individual’s civil liberties?

Answer 19

Yes - supremacy clause insures that Congress may invalidate any law that infringes upon individuals constitutional rights

Question 20

What are the two requirements for a NON-discrimiantory law to violate Dormant CC?

Answer 20

Violates if it:

1. burdens interstate commerce AND
2. the burden outweighs the state’s interest in the regulation

Question 21

What are the 3 requirements for upholding a NON-discrim law under the Dormant CC?

Answer 21

To be upheld under the Dormant CC:

1. the regulation must pursue a legit state end;
2. the reg must be rationally related to that legit state end; AND
3. the burden imposed by the state on interstate commerce must be outweighed by the state’s interest in enforcing its regulation

Question 22

What is the “market participant” exception to Dormant CC?

Answer 22

Permits a state to prefer its own citizens (ie, discrim against out of state interests) when it is acting as a market participant (eg, buying or selling products, hiring labor, giving subsidies) w/out violating Dorman cc

TIP: this is based on the policy that a state may prefer its own citizens when the state is acting as a market participant, buying or selling products rather than regulating economic activity

Question 23

May a state impose a sales tax on sales between a local buyer and a seller engaged in interstate commerce?

Answer 23

YES

IF the seller has substantial contacts w/in the consumer state (eg, salesroom, office, etc.)

TIP: this is true even if the goods are delivered from outside the state

Question 24

What are the 2 types of federal constitutional preemption?

Answer 24

When state and federal governments Bothe legislate in one areas, the state law may be “preempted” in two ways:

1. EXPRESS - meaning federal law expressly prohibits states from adopting laws on the subject matter; AND
2. IMPLIED preemption - meaning Congress has legislated so significantly in an area that it preempts state law (“file preemption), or state laws conflict w/ federal requirements/objectives

Question 25

Under the Dormant CC, where the reg is discriminatory, either on its face or practical effect, which level of scrutiny applies?

Answer 25

STRICT

TIP: a discrim reg is only permitted if it is necessary to achieve an important, non-economic gov interest
-state must show there is no less reasonable nondiscrim alternatives could advance the state’s interest

Question 26

Under the Dormant CC, when is a NON-discrim state regulation invalid?

Answer 26

will be struck if the burden imposed is clearly excessive in relation to the legitimate in-state benefits

Question 27

What is the hierarchy of laws between the US and state governments?

Answer 27

1. us const
2. federal treaties and stats
3. executive orders and agreements
4. state const
5. state law/ ordinances

Question 28

What is “implied preemption” under Supremacy Clause?

Answer 28

Even if a federal statute is silent on preemption, “implied preemption” exists when:

1. federal law and state law are mutually exclusive;
2. a state or local law impedes the achievement of a federal objective OR
3. Congress intended to preempt the entire field

Question 29

What amendment prevents Congress from commandeering state officials?

Answer 29

10th amendment prevents Congress from passing a law that effectively “commandeers” state officials by forcing states to regulate their OWN state citizens

TIP: HOWEVER - congress MAY pass laws that prohibit states from taking certain actions

Question 30

Is a congressional regulation on both public and private sectors valid under the 10th Am?

Answer 30

YES

Usually valid, despite the 10th am rule that Congress may not compel or commandeer a city/state to pass a law

Question 31

When may Congress induce state regulatory or legislative action thru the use of conditional grants?

Answer 31

Congress may place conditions upon state grants, w/out violating the 10th am, as long as the conditional grant is:

1. clearly stated
2. relates to the purpose of the law at issue; AND
3. the condition is not unduly coercive

Question 32

If there is a conflict between an executive agreement and state law, which will prevail?

Answer 32

The executive agreement

Question 33

May states directly tax/regulate federal gov activity?

Answer 33

NO