The Federal System Flashcards
See the last 4 cards in the Federalism deck
The missing cards are on federalism generally, and exclusive state and federal powers
When is the federal government immune from regulation by the states?
The states have no power to regulate the federal government—for example, by imposing state wage-and-hour laws on local federal offices—unless Congress permits the state regulation or unless the state regulation is not inconsistent with existing federal policy.
When can the states tax the federal government?
The federal government and its instrumentalities (such as the national bank) are immune from taxation by the states. (McCulloch)
States may, however, impose generally applicable indirect taxes so long as they do not unreasonably burdens the federal government (so state income taxes on federal employees and the like is fine)
When can the feds regulate the states?
The federal government has virtually unlimited power to regulate the states as long as Congress is exercising one of its enumerated powers. For example, federal minimum wages can be applied to the state. Similarly, Congress could prohibit the disclosure by state officials of personal information obtained from drivers’ license applications because such information constitutes an article of commerce that is being sold in interstate commerce.
And if Congress determines that a state is violating a person’s civil liberties, it can place limited on that state’s activities by using the power of the Fourteenth and Fifteenth amendments.
What is the ‘commandeering’ limitation on federal regulation?
Congress cannon ‘commandeer’ state legislatures by commanding them to enact specific legislation or administer a federal regulatory program, and it may not circumvent that restriction by conscripting a state executive officer directly. HOWEVER, it can encourage states to do what it cannot directly compel through the taxing and spending powers.
For example, South Dakota Congress could condition five percent of the state’s federal highway funds on it raising the drinking age to 21. (5% did not rise to compulsion)
What options do the federal judiciary have when remedying a constitutional violation?
The federal judiciary has broad equitable powers in fashioning a remedy for a constitutional violation. For example, while a court may not directly impose a tax in order to fun a racial-discrimination remedy, it may order a local government with taxing authority to levy such a tax, and it may do so despite a state statutory limitation that would otherwise prevent such action.
What about state legislators and immunity?
State legislators are absolutely immune from suit for damages and for declaratory relief for actions within the sphere of legitimate legislative activity.
When are state immune from federal taxation?
States are not immune from federal taxation unless the tax would discourage essential governmental functions. This is particularly tru when the taxed state activity is a business similar to federally taxed businesses run by private individuals, such as railroads or liquor stores.
When are states immune from suits by the federal government?
In suits between a state and the US, the US must consent before the state can file suit against it. Conversely, the US does not need to obtain consent from a state to file suit. As between states, no consent is needed for one state to file suit against another state.
Suits against federal officers are limited, and generally prohibited, because such suits are considered to be brought against the US if payment of the aware will be made against the public treasury. However, if the officer acted outside these scope of his professional capacity, then a suit may be instituted against the officer individually.
