Intergovernmental Immunities

Question 1

The states are sovereignties apart from the federal government. When the federal government acts within a state, the state may __________.

Answer 1

impose an income tax on persons who receive a salary from the federal government

Question 2

The Privileges and Immunities Clause of Article IV, Section 2 of the U.S. Constitution prohibits states from:

Answer 2

Discriminating against nonresidents in matters involving fundamental rights

Question 3

In order for the judgment of one jurisdiction to be given full faith and credit in another jurisdiction, the following requirements must be met:

Answer 3

The prior judgment must have been made by a court with jurisdiction, the judgment must have been on the merits, and the judgment must have been final

Question 4

Powers not reserved to the ____________ in the Constitution belong to the __________.

Answer 4

Federal government; states.

Question 5

The power to regulate foreign commerce:

Answer 5

Lies almost exclusively with the federal government

Question 6

The doctrine of “field preemption” means that:

Answer 6

Federal laws can occupy an entire field, and preempt any state laws in that field, whether conflicting or complementary

Question 7

A state or local law may fail under the Supremacy Clause:

Answer 7

Even if it does not conflict with federally regulated conduct or objectives

Question 8

Under the Tenth Amendment, the federal government may not __________.

Answer 8

commandeer state officials, such as requiring them to do background checks on prospective handgun owners

Question 9

What does the Fourteenth Amendment Privileges or Immunities Clause protect?

Answer 9

The Rights of National Citizenship

Question 10

The Tenth Amendment prohibits Congress from:

Answer 10

Commandeering State Officials

Question 11

When the federal government acts within a state, the state ____________ impose non-discriminatory, indirect taxes on the federal government or its property _____________.

Answer 11

May; as long as they do not unreasonably burden the federal government

Question 12

A state may NOT sue the United States without

Answer 12

the consent of the United States.

Question 13

Under what circumstances will a state law or action be held invalidated by the Supremacy Clause?

Answer 13

If it directly conflicts with a federal law or interferes with achievement of a federal objective

Question 14

What is is not required in order for a state court decision to qualify for full faith and credit?

Answer 14

The Judgment does not need to be penal in nature.

Question 15

The power to tax imports or exports is

Answer 15

an exclusive federal power.

Question 16

In determining whether a federal law or program impliedly preempts an entire field of law, courts generally do not consider __________.

Answer 16

whether the state law directly conflicts with the federal law or interferes with achievement of a federal objective

Question 17

What is an accurate description of the federal doctrine of preemption?

Answer 17

Federal laws can occupy an entire field and prevent any state laws in the field, whether conflicting or complementary

Question 18

What constitutional provision prevents states from discriminating against nonresidents in matters involving fundamental rights?

Answer 18

The Interstate Privileges and Immunities Clause of Article IV

Question 19

The ____________ Clause requires states to recognize and honor final judgments rendered in another state.

Answer 19

The Full Faith and Credit Clause

Question 20

The Interstate Privileges and Immunities Clause:

Answer 20

Prevents states from discriminating against nonresidents in matters regarding fundamental rights

Question 21

Under the Privileges and Immunities Clause of Article IV, Section 2, __________.

Answer 21

states may not discriminate against nonresidents regarding fundamental rights

Question 22

May states tax imports and/or exports?

Answer 22

Yes, they may tax either or both with the consent of Congress

Question 23

Absent congressional consent, states may tax:

Answer 23

neither exports nor imports.

Question 24

Presumption against preemption

Answer 24

the courts will presume that the policing powers of the states are not to be interfered with by the Federal law unless it is the clear and manifested purpose of Congress to preempt.

Question 25

Interstate Compact Clause

Answer 25

This is an agreement between states that increases the state’s powers, however if it is at the expense of federal power then Congress must approve of it.