State Immunity from Federal Regulation

Question 1

Anti-Commandeering Doctrine

Answer 1

1. Congress can regulate state authorities like it does private actors via the Commerce Clause Power (Garcia v. San Antonio) example: labor standards.
2. Congress may not simply commandeer the legislative process of the states by compelling them to enact or enforce a federal regulatory program, but they CAN encourage them to act by withholding federal funding.
3. Congress cannot compel state officials to participate in administration of federal programs

Question 2

Can Congress regulate state authorities like it does private actors via the Commerce Clause?

Answer 2

yes.

Question 3

Can Congress compel state officials to participate in the administration of federal programs?

Answer 3

No

Question 4

What did the Garcia v. San Antonio Metro Transit Authority decision establish?

Answer 4

Congress can regulate state authorities like private actors under the Commerce Clause.

Question 5

What is the political process check mentioned in Garcia v. San Antonio?

Answer 5

Federalism limits are enforced through state participation in federal government, not the 10th Amendment.

Question 6

How does the Spending Power interact with state regulation (per South Dakota v. Dole)?

Answer 6

Congress can encourage states to regulate by withholding federal funding. Congress may condition the receipt of federal funds by states subject to the following four limitations: the exercise of the spending power must be for the “general welfare”; the conditions on the receipt of funds must be unambiguous; conditions must be related to a federal interest in a particular national project or program; and conditions must not violate any other constitutional provisions such as the Tenth Amendment.

Question 7

Why was the “Take Title” provision unconstitutional in New York v. United States?

Answer 7

It coerced states into legislating, violating the Anti-Commandeering Doctrine.

Question 8

What was the issue and decision in Printz v. United States?

Answer 8

The federal government required state CLEOs to conduct background checks under the Brady Act. Congress cannot compel state officials to administer federal programs.

Question 9

Can federal statute require that state officials administer federal law?

Answer 9

no – the executive branch must administer federal law; any other mandate would violate constitutional structure, regardless of the burden