Relations between St and Fed Govts Flashcards
39 - What is the scope of powers reserved for states under the 10th Am?
All powers not delegated to the fed govt by the US constitution are reserved for the states. Tip: Powers not enumerated to the fed govt are reserved to the states under the doctrine of implied powers.
40 - What is the purpose of the supremacy clause?
ensures that federal law is the supreme law of the land, meaning it will prevail over any conflicting state or local law. Tip: A state law may be PREEMPTED expressly or impliedly by fed law because it is supreme.
41 - purpose of the FF&C clause
… requires each state to recognize the legislative acts, records, and judicial proceedings of the other states, giving them full faith and credit. Tip: this ensures that one state’s final judgement on the merits is conclusive in every other state.
43 - May a state sue the US in federal or state ct?
no. PP prevents states from suing the federal government without its consent. Tip: an exception exists where Congress has specifically passed legislation allowing it.
44 - Which two types of legal action may be brought against a state officer?
A suit may be brought against a state officer if it involves either: (a) injuctive relief for violating the US const or fed law; OR (b) money damages that would be baid by the officer personally, i.e. not by the state treasury.
45 - May one state sue another state without its consent?
Yes - In this situation the SCOTUS has exclusive and original jx to hear the case.
51 - What is the purpose of the DCC?
The DCC prohibits states from interfering with Congress’s plenary commerce powers (i.e., it prevents states from discriminating against or unduly burdening insterstate commerce). Tip: the fed commerce power automaically limits states’ authority to discriminate against or unduly burden interstate commerce, which is known as the DCC.
52 - What is NON-discriminatory state law for purposes of the DCC?
A state or local law is non-discriminatory if it burderns both in-state and out-of-state economic interests (i.e., it does not favor local interests over others). Tip: A non-discriminatory state regulation is more likely to be upheld, although it must still satisfy certain criteria.
53 - What is a discriminatory state law for purposes of the DCC?
A state or local law is DISCRIMINATORY if it intentionally burdens out-of-state commercial interests more than comprable in-state interests for the benefit of the local economy or has a discriminatory effect on out-of-staters. Tip: A discriminatory state law will only be upheld in limited circumstances.
55 - 2 requirements for upholding a discriminatory state law under the DCC?
(1) it furthers an IMPORTANT, NON-economic state or local interest (e.g. safety or health); AND (2) there are no reasonable alternatives available. Tip: the discriminatory law may also be upheld if there is federal legislation expressly authorizing it.
56 - What is “doing business” tax?
is assessed on ANY entities that do business inside the state, including in-state and out-of-state businesses. Tip: this may be called a privilege, occupation, license, franchise tax, or merely gross receipts or net income.
57 - What is a use tax?
is one imposed on users of goods that were purchased outside of the state.
58 - May a state impose sales taxes on local businesses that sell to out-of-state buyers?
Answer depends on where the buyer takes possession of the goods: *MAY: if the sale is made to a buyer who takes possession WITHIN the state. *mayNOT: if the sale is made to 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.
59 - May a state impose a tax on CARGO simply because it passes through that state while in transit?
No
60 - requirements of a valid DOING BUSINESS tax
(1) no federal legislation governs; (2) tax is non-discriminatory; and (3) the state’s need for revenue outweights the burden imposed on interstate commerce (its own balancing test). Tip: This analysis is similar to whether a state may regulate interstate commerce.
61 - 3 factors balanced to determine whether a states DOING BUSINESS tax is an undue burden?
courts will balance: (i) there is a substantial nexus between the activity being taxed and the taxing state; (ii) the tax is fairly apportioned; AND (iii) the tax is fairly related to the services being provided.
62 - May states impose taxes on fed property?
No - states may not directly tax property owned by the US.
750 - What is the scope of the states’ power to regulate the sale of alcohol?
States may decide whether to allow the importation or sale of alcohol destined for local consumption or use, as well as how to structure the distibution of alcohol. Tip: The 21st Am gives states more reg power over liquor than any other part of interstate commerce.
752 - May Congress intervene if a state activitiy violates an individual’s civil liberties?
Yes - the supremacy clause ensures that Congress may invalidate any law that infringes upon an individual’s const rights.
1082 - 2 requirements for a NON-discriminatory law to violate DCC?
(1) burdens interstate commerce; AND (2) the burden outweighs the state’s interest in the regulation.
1084 - 3 requirements for upholding a NONdiscriminatory law under the DCC?
(1) the regulation must pursue a LEGITIMATE state end; (2) the reg must be rationally related to that legitmate 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.
1085 - What is the MARKET PARTICIPANT exception to the DCC?
permits a state to prefer its own citizens (i.e., discriminate against outofstate interests) when it is acting as a market participant (e.g., buying selling products, hiring labor, giving subsidies) without violating the DCC. Tip: this is based on the polic ythat a state may prefer its own citizens when the state is acting as a MP, buying or selling products rather than regulating economic activity.
1087 - May a state impose a sales tax on sales between a local buyer and a seller engaged in insterstate commerce?
Yes, IF the seller has substantial contacts iwthin the consumer state (e.g., salesroom, office, etc.). Tip: this is true even if the goods are delivered from outside the state.
1089 - 2 types of fed const preemption?
When state and fed govt both legislate in one area, the state law may be preempted in two ways: (1) EXPRESS (meaning the fed law expressly prohibits states from adopting laws on the subject matter; AND (2) IMPLIED (meaning congress has legislated so significantly in an area that it preempts state law (“field” preemption) OR state laws conflict with fed requirements or objectives.
