The Federal-State System

Question 1

What powers do the states have?

Answer 1

The states have the police power.

Question 2

What are the exclusive powers reserved for the Federal Government that states are not entitled to?

Answer 2

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

Question 3

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

Answer 3

The Constitution takes priority and supercede the state law.

Question 4

What are the Federal Immunities?

Answer 4

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

More Info: Sovereign Immunity, Supremacy Clause, 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

What does the 11th Amendment bar?

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, the Federal Government always has that authority.

Question 10

List the ways a private individual can sue a state?

Answer 10

1.Through an injunction

And

2. When federal law provides a cause of action through the 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)
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
   * More Info:* Anti-Commandeering Doctrine

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 federal law, is it unconstitutional under the Anti-Commandeering Doctrine?

Answer 15

Yes.

Question 16

If a federal 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 that discriminates on its face against out-of-state goods or economic actors?

Answer 17

Strict Scrutiny

1. The regulation must serve a compelling interest (i.e. it’s very important)
2. The regulation must be 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.

More Info: Dormant Commerce Clause

Question 19

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

Answer 19

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.

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 a requirement that must be met 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 general rule that Constitutional rights can be violated only by governmental action?

Answer 24

Constitutional claims are allowed when:

1. A private party is performing a function that is usually only performed by a state actor (owns the whole town)

Or

2. When the private actor is performing public functions

Question 25

What is the Public Function Theory?

Answer 25

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

Question 26

What is the Significant State Involvement Theory?

Answer 26

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.

Question 27

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

Answer 27

13th Amendment claims: slavery.