The Relation of the Nation and the States in the Federal System Flashcards
What power do the states have?
The states have police power (don’t need to look for a source)
When is federal power exclusive?
- Coining money
- Effecting foreign relations
- Raising an Army
A state law that conflicts a constitutional right is…
void
Federal Immunities
- Sovereign Immunity
- Supremacy Clause
- Taxation of fed gov’t by a state
Federal Sovereign Immunity
Fed cannot be sued without its consent
Supremacy clause
If there is a conflict between fed and state, the fed wins
If a state tries to tax a federal function,
it is void
The 11th amendment does what
It blocks a private suit against a state for money damages
When can a Federal Government sue a state
at any time
When can a private individual sue a state?
- Injunction
2. 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 either:
- unique activities of the state government (only state governments do them –> laws)
- Cannot tax essential government functions
When can the federal government tax a state?
When there is a private counterpart to the activity
What is the Anti-Commandeering Doctrine
2
The federal government cannot make the states act in their sovereign capacities
- Legislatures passing a law
- State executive enforce federal law
What is analogous to the anti-commandeering doctrine
10th amendment
if a state is happy to obey the federal government regarding legislation or enforcement of a law, does it make it valid?
No, still unconstitutional
If a law says that “no state shall do X” is it constitutional?
Yes, there is no prohibition on prohibitions
If a state law discriminates on its face against out-of-state goods or economic actors, the state must show:
Strict Scrutiny
- the regulation serves a compelling interest (very important), and
- The regulation is necessary (no other way to do it) to the compelling interest
What is the dormant commerce clause?
States cannot discriminate against out of state economic actors
If a state law merely incidentally burdens interstate commerce, the state must show:
Balancing test
- Is the regulation serving an important state interest
- There the burden excessive in relation to the interest?
Exceptions to the Dormant Commerce Clause
- Congress has authorized states to do it
2. Market Participant Doctrine (when the state action is that of a private person –>not regulating private parties)
What is the dormant commerce clause test for state taxes?
- cannot be discriminatory
2. cannot be overly burdensome
