5. State Autonomy, Commandeering, Taxes

Question 1

What are external limits on the Commerce power?

Answer 1

Due Process, Free Speech, other enumerated rights

Question 2

What is substantive immunity?

Answer 2

Congress cannot use its powers to impede upon state functions normally controlled by the state through State police powers

Question 3

Can a Federal law command a state to do or not do something, and which case decided this?

Answer 3

No. The Anti-Commandeering Doctrine specifically prohibits Congress from issuing orders to State governments. Murphy v National Collegiate Athletic Association

Question 4

What are the limits on Congress’s taxation power?

Answer 4

Cannot tax imports, cannot tax activities, only property, and must be equal amongst th States

Question 5

Can Congress tax items it does not directly have control over?

Answer 5

Yes

Question 6

Can taxes be used as a penalty and what case was this?

Answer 6

No. When a tax is designed to primarily be a punishment then it cannot stand under the taxation power. Bailey v. Drexel Furniture Co.

Question 7

Can a tax be called a penalty?

Answer 7

Yes, so long as it does not function as one. National Federation of Independent Business v. Sebelinus

Question 8

Can congress use it’s taxation power to transfer money form one private entity, and give it to another?

Answer 8

No. United States v Butler

Question 9

Can Congress use its spending power to attach conditional limits to encourage States to adopt specific regulation?

Answer 9

Yes, so long as the State has a genuine choice. South Dakota v Dole