Relations between St and Fed Govts

Question 1

39 - What is the scope of powers reserved for states under the 10th Am?

Answer 1

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.

Question 2

40 - What is the purpose of the supremacy clause?

Answer 2

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.

Question 3

41 - purpose of the FF&C clause

Answer 3

… 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.

Question 4

43 - May a state sue the US in federal or state ct?

Answer 4

no. PP prevents states from suing the federal government without its consent. Tip: an exception exists where Congress has specifically passed legislation allowing it.

Question 5

44 - Which two types of legal action may be brought against a state officer?

Answer 5

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.

Question 6

45 - May one state sue another state without its consent?

Answer 6

Yes - In this situation the SCOTUS has exclusive and original jx to hear the case.

Question 7

51 - What is the purpose of the DCC?

Answer 7

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.

Question 8

52 - What is NON-discriminatory state law for purposes of the DCC?

Answer 8

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.

Question 9

53 - What is a discriminatory state law for purposes of the DCC?

Answer 9

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.

Question 10

55 - 2 requirements for upholding a discriminatory state law under the DCC?

Answer 10

(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.

Question 11

56 - What is “doing business” tax?

Answer 11

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.

Question 12

57 - What is a use tax?

Answer 12

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

Question 13

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

Answer 13

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.

Question 14

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

Answer 14

No

Question 15

60 - requirements of a valid DOING BUSINESS tax

Answer 15

(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.

Question 16

61 - 3 factors balanced to determine whether a states DOING BUSINESS tax is an undue burden?

Answer 16

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.

Question 17

62 - May states impose taxes on fed property?

Answer 17

No - states may not directly tax property owned by the US.

Question 18

750 - What is the scope of the states’ power to regulate the 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 the distibution of alcohol. Tip: The 21st Am gives states more reg power over liquor than any other part of interstate commerce.

Question 19

752 - May Congress intervene if a state activitiy violates an individual’s civil liberties?

Answer 19

Yes - the supremacy clause ensures that Congress may invalidate any law that infringes upon an individual’s const rights.

Question 20

1082 - 2 requirements for a NON-discriminatory law to violate DCC?

Answer 20

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

Question 21

1084 - 3 requirements for upholding a NONdiscriminatory law under the DCC?

Answer 21

(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.

Question 22

1085 - What is the MARKET PARTICIPANT exception to the DCC?

Answer 22

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.

Question 23

1087 - May a state impose a sales tax on sales between a local buyer and a seller engaged in insterstate commerce?

Answer 23

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.

Question 24

1089 - 2 types of fed const preemption?

Answer 24

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.

Question 25

1589 - Under the DCC, where the regulation is discriminatory, either on its face or practical effect, which level of scrutiny applies?

Answer 25

SS. Tip: A dis reg is only permitted if it is NECESSARY to achieve an important non-economic govt interest. The state must show that no less reasonable nondiscriminatory alternatives could advance the state’s interest.

Question 26

1590 - Under the DCC, when is a NON-discriminatory state regulation INvalid?

Answer 26

a regulation on interstate commerce will be struck if the burden imposed is CLEARLY excessive in relation to the legitimate in-state benefits.

Question 27

1591 - what is the hierarchy of laws between the US and state govts?

Answer 27

1) US Const; 2) federal treaties and statutes; 3) executive orders/agreements; 4) state constitutions; 5) state laws and ordinances.

Question 28

1592 - what is EXPRESS preemption under the Supremacy Clause?

Answer 28

arises when a fed law expressly provides that the states may not adopt laws concerning the subject matter of federal legislation.

Question 29

1593 - IMPLIED preemption?

Answer 29

exists when (even if fed statute is silent): (a) fed law and state law are mutually exclusive; (b) a state/local law impedes the achievement of a federal objective, OR (c) Congress intended to preempt the entired field.

Question 30

1594 - When a fed and state law are mutually exclusive, which law will govern?

Answer 30

the fed law preempts state law.

Question 31

1595 - When a state or local law impedes the achievement of a federal objective, which law is preempted?

Answer 31

The state or local law is deemed prempted and the federal law applies.

Question 32

1596 - If a valid fed state/reg “occupies the entire field” will a nonconflicting state law be preempted?

Answer 32

Yes, preemption will apply to the state law if the court looks at the regulatory scheme and determines that Congress intended to preempt the entire field.

Question 33

1597 - In a sentence, define DCC

Answer 33

restricts states and local governments from regulating activity that affects interstate commerce if it is discriminatory or unduly burdensome.

Question 34

1598 - 10th Am

Answer 34

limits the fed govts powers to those defined in the US const and reserves all other powers to the states. Tip: The 10th Am helps to define the concept of federalism and the relationship between fed and state govt.

Question 35

1599 - What amendment prevents Congress from commandeering state officials?

Answer 35

10th am prevents Congress from passing a law that effectively comandeers 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 36

1600 - Is a congressional regulation on both public and private sectors valid under the 10th Am?

Answer 36

Yes

Question 37

1601 - when may congress induce state regulatory or legislative action through the use of conditional grants?

Answer 37

Congress may place conditions upon state grants, withouth 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 38

1602 - what is federalism?

Answer 38

relationship between states and the fed government in which they share power.

Question 39

1603 - if there is a conflict between an executive agreement and state law, which will prevail?

Answer 39

executive agreement

Question 40

1603 - may states directly tax or regulate fed government activity?

Answer 40

No