Federal and State Immunity

Question 1

What is sovereign immunity?

Answer 1

Prevents the federal government from being sued without its consent

Question 2

What is the Supremacy Clause

Answer 2

States that federal law is supreme over state law

Question 3

To what extent are federal agencies immune from state taxation and regulation?

Answer 3

Federal agencies are immune from state taxation and regulation that would interfere with their performance of federal functions and states cannot mandate federal agents do something that isn’t required by federal law

Question 4

What is 11th A grant of immunity regarding state governments?

Answer 4

11th A states that Congress cannot create a private cause of action for money damages against a state unless it is using its enforcement powers

Question 5

When is state immune from federal taxation?

Answer 5

A state is immune from federal taxation if the tax is applied to unique state activities or essential government functions

Question 6

What is the anti-commandeering doctrine?

Answer 6

The federal government can’t force states to act, nor can it prohibit them from acting in their sovereign capacities