The Federal-State System Flashcards
What power do the states have?
The states have the police power.
What are the exclusive powers the Federal Government has that the states do not?
- Coining money;
- Effecting foreign relations;
- Raising an Army.
What happens when a state law that conflicts a Constitutional right?
The Constitution takes priority.
What are the Federal Immunities?
- Sovereign Immunity;
- Supremacy Clause;
- Taxation of Federal Government by a state.
What is Federal Sovereign Immunity?
The Federal Government cannot be sued without its consent.
What is the Supremacy Clause?
If there is a conflict between Federal law and state law, the Federal law will prevail.
If a state tries to tax a Federal function, what happens?
The state legislation will be held invalid.
The 11th Amendment bars?
A private citizen from suing a state for money damages.
When can a Federal Government sue a state?
At any time, they always have the authority.
List the ways a private individual can sue a state?
- Through an injunction; and,
- When fed provides a cause of action through enforcement powers of 13-15th Amendment.
A state enjoys immunity from Federal taxation if the tax is applied to what?
- Unique activities of the state government (e.g. state legislation);or,
- Essential government functions.
When can the Federal government tax a state?
When there is a private-business counterpart to the activity the state is conducting.
Define the Anti-Commandeering Doctrine?
The Federal government cannot make a state:
- Pass laws; or,
- Enforce Federal law.
The anti-commandeering doctrine parallels which amendment?
10th Amendment
If a state voluntarialy passes a Federal law or enforces a Fedearl law, is it unconstitutional under the Anti-Commandeering Doctrine?
Yes.
If a Fedearl law says that “no state shall do X,” is it Constitutional?
Yes, there is no prohibition on prohibitions.
What is the test applied to a state law discriminates on its face against out-of-state goods or economic actors?
Strict Scrutiny
- The regulation serves a compelling interest (i.e. it’s very important)+
- The regulation is necessary (i.e. there’s no other way to do it) to the compelling interest.
Define the Dormant Commerce Clause?
States cannot discriminate against out of state economic actors.
What is the test applied to a state law merely incidentally burdens interstate commerce?
Weigh:
The regulation is serving an important state interest
v.
The weight of the burden on interstate commerce.
List the exceptions to the Dormant Commerce Clause.
It does not apply:
- When Congress has authorized states to take action X;
- When the state action is that of a private citizen (e.g. purchasing goods)
What is the dormant commerce clause test for state taxes?
To be valid, the tax
- Cannot be discriminatory; and,
- Cannot be burdensome to interstate commerce.
What is the requirement for all constitutionalviolations?
Only government action can breach the Constitution.
What does the Constitution protect you from?
Only the government (not private individuals).
What are two exceptions to the rule that Constitutional rights can be violated only by governmental action?
Constitutional claims allowed when:
- When a private party is performing a function that usually only a state actor would (owns the whole town); or,
- When the private actor is offering public functions.
What is the public function theory?
An exception to state action being necessary for Constitutional claim occuring when a private party is performing a state function (e.g. a company owns a town and provides services to its citizens).
What is the significant state involvement theory?
A private actor can be considered a state actor if it is closely encouraged by the state. The state’s hand is moving the private glove.
What Constitutional challenge can always be brought regardless of the status of the actor?
13th Amendment claims: slavery.
