The Federal-State System Flashcards
What powers do the states have?
The states have the police power.
What are the exclusive powers reserved for the Federal Government that states are not entitled to?
- Coining money
- Effecting foreign relations
- Raising an Army
What happens when a state law conflicts with a Constitutional right?
The Constitution takes priority and supercede the state law.
What are the Federal Immunities?
- Sovereign Immunity
- Supremacy Clause
- Taxation of Federal Government by a state
More Info: 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.
What does the 11th Amendment bar?
A private citizen from suing a state for money damages
When can a Federal Government sue a state?
At any time, the Federal Government always has that authority.
List the ways a private individual can sue a state?
1.Through an injunction
And
- When federal law provides a cause of action through the 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)
- 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
* More Info:* Anti-Commandeering Doctrine
The Anti-Commandeering Doctrine parallels which amendment?
10th Amendment
If a state voluntarialy passes a federal law or enforces a federal law, is it unconstitutional under the Anti-Commandeering Doctrine?
Yes.
If a federal 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 that discriminates on its face against out-of-state goods or economic actors?
Strict Scrutiny
- The regulation must serve a compelling interest (i.e. it’s very important)
- The regulation must be 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.
More Info: Dormant Commerce Clause
What is the test applied to a state law that merely incidentally burdens interstate commerce?
A balancing test is used. You must weigh:
What important state interest the regulation is serving
v.
The weight of the burden on interstate commerce caused by the law.
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 a requirement that must be met 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 general rule that Constitutional rights can be violated only by governmental action?
Constitutional claims are allowed when:
- A private party is performing a function that is usually only performed by a state actor (owns the whole town)
Or
- When the private actor is performing public functions
What is the Public Function Theory?
An exception to the general rule that state action is necessary for a Constitutional violation. It would occur when a private party performs a state function (e.g. a company owns a town and provides services to its citizens).
More Info: Public Function Theory
What is the Significant State Involvement Theory?
A private actor can be considered a state actor if the private actor’s actions are 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.
