Relationship between Federal and State Government

Question 1

Supremacy Clause

Answer 1

• A conflict exists between Federal and State Law
• In a conflict, Federal Law ALWAYS wins

Question 2

Tenth Amendment

Police Power

Answer 2

• State Law can be MORE RESTRICTIVE than Federal Law
• Cant be LESS restrictive (i.e. 400 degrees to cook meat when FDA says 350 degrees)
• States have POLICE power: can pass laws for health, safety, and welfare

Question 3

Does Federal have police power?

Answer 3

NO! Federal cannot pass laws for general welfare

Question 4

Commandeering Rule

Answer 4

• Federal Government cannot pass a law requiring a state to do anything
• “command, require, obligates”

Question 5

Dormant Commerce Clause

Answer 5

*State is passing a law regulating business interest
*State Law regulating business CANNOT discriminate against out-of-state business. Unconstitutional!

Congress: Commerce Clause. Do whatever you want
State: Dormant Commerce Clause. Cannot do sth that will discriminate!
But they can sometimes leave out the word “Dormant”

Question 6

Dormant Commerce Clause

Discriminatory on it’s face

Answer 6

Strict scrutiny test

compelling interest

Question 7

Dormant Commerce Clause

Discriminatory Effect

Answer 7

• intermediate scrutiny
• burden on commerce should not be excessive

Question 8

When can state discriminate?

Market Participant Exception

Answer 8

• Market Participant = State itself runs that industry/business
• State may discriminate

Question 9

Full Faith & Credit

Answer 9

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

Question 10

Immunity

Answer 10

1. Immunity
2. State Immunity

Question 11

Federal Immunity

Answer 11

• States cannot sue Federal Government
• States cannot tax Federal Government
• State can tax INDIVIDUALS who work for the Federal Government
• Individuals cannot sue Government, unless consent (statute)

Question 12

State Immunity

Answer 12

• Federal Government & State can sue a State
• Federal Government MAY NOT tax if it is about government activity or function
• Federal Government MAY tax if it’s a proprietary business that happens to be in state property (i.e. gift shop in a courthouse)