The Federal-State System

Question 1

What power do the states have?

Answer 1

The states have the police power.

Question 2

What are the exclusive powers the Federal Government has that the states do not?

Answer 2

1. Coining money;
2. Effecting foreign relations;
3. Raising an Army.

Question 3

What happens when a state law that conflicts a Constitutional right?

Answer 3

The Constitution takes priority.

Question 4

What are the Federal Immunities?

Answer 4

1. Sovereign Immunity;
2. Supremacy Clause;
3. Taxation of Federal Government by a state.

Question 5

What is Federal Sovereign Immunity?

Answer 5

The Federal Government cannot be sued without its consent.

Question 6

What is the Supremacy Clause?

Answer 6

If there is a conflict between Federal law and state law, the Federal law will prevail.

Question 7

If a state tries to tax a Federal function, what happens?

Answer 7

The state legislation will be held invalid.

Question 8

The 11th Amendment bars?

Answer 8

A private citizen from suing a state for money damages.

Question 9

When can a Federal Government sue a state?

Answer 9

At any time, they always have the authority.

Question 10

List the ways a private individual can sue a state?

Answer 10

1. Through an injunction; and,
2. When fed provides a cause of action through enforcement powers of 13-15th Amendment.

Question 11

A state enjoys immunity from Federal taxation if the tax is applied to what?

Answer 11

1. Unique activities of the state government (e.g. state legislation);or,
2. Essential government functions.

Question 12

When can the Federal government tax a state?

Answer 12

When there is a private-business counterpart to the activity the state is conducting.

Question 13

Define the Anti-Commandeering Doctrine?

Answer 13

The Federal government cannot make a state:

1. Pass laws; or,
2. Enforce Federal law.

Question 14

The anti-commandeering doctrine parallels which amendment?

Answer 14

10th Amendment

Question 15

If a state voluntarialy passes a Federal law or enforces a Fedearl law, is it unconstitutional under the Anti-Commandeering Doctrine?

Answer 15

Yes.

Question 16

If a Fedearl law says that “no state shall do X,” is it Constitutional?

Answer 16

Yes, there is no prohibition on prohibitions.

Question 17

What is the test applied to a state law discriminates on its face against out-of-state goods or economic actors?

Answer 17

Strict Scrutiny

1. The regulation serves a compelling interest (i.e. it’s very important)+
2. The regulation is necessary (i.e. there’s no other way to do it) to the compelling interest.

Question 18

Define the Dormant Commerce Clause?

Answer 18

States cannot discriminate against out of state economic actors.

Question 19

What is the test applied to a state law merely incidentally burdens interstate commerce?

Answer 19

Weigh:

The regulation is serving an important state interest

v.

The weight of the burden on interstate commerce.

Question 20

List the exceptions to the Dormant Commerce Clause.

Answer 20

It does not apply:

1. When Congress has authorized states to take action X;
2. When the state action is that of a private citizen (e.g. purchasing goods)

Question 21

What is the dormant commerce clause test for state taxes?

Answer 21

To be valid, the tax

1. Cannot be discriminatory; and,
2. Cannot be burdensome to interstate commerce.

Question 22

What is the requirement for all constitutionalviolations?

Answer 22

Only government action can breach the Constitution.

Question 23

What does the Constitution protect you from?

Answer 23

Only the government (not private individuals).

Question 24

What are two exceptions to the rule that Constitutional rights can be violated only by governmental action?

Answer 24

Constitutional claims allowed when:

1. When a private party is performing a function that usually only a state actor would (owns the whole town); or,
2. When the private actor is offering public functions.

Question 25

What is the public function theory?

Answer 25

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).

Question 26

What is the significant state involvement theory?

Answer 26

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.

Question 27

What Constitutional challenge can always be brought regardless of the status of the actor?

Answer 27

13th Amendment claims: slavery.