Relations Between Federal and State Governments

Question 1

What’s going on here?

Answer 1

Both the federal and state governments are acting

Question 2

Supremacy Clause

Answer 2

State Law + Federal Law + Conflict… = Federal Law wins.

Question 3

Supremacy Clause

Answer 3

State Law + Federal Law + Conflict… = Federal Law wins.

Question 4

10th Amendment

Answer 4

Can a state law be TOUGHER? YES. Why? Police Power.

Can a state law be LIGHTER? NO.

Question 5

THERE IS NO SUCH THING AS FEDERAL POLICE POWER

Answer 5

Congress cannot pass a law “for the general welfare”

Question 6

State yellow does XY and Z. No federal law at issue. Can they do it?

Answer 6

Yeah. 10th Amendment, state police power, any law for health safety wellfare.

Question 7

Commandeer Rule

Answer 7

Fed Gov’t can’t command state to do anything

Question 8

Federal Law says this. State law says that. The laws conflict. Who wins?

Answer 8

• Federal Law (Supremacy Clause)

Question 9

Federal Law says this. State law says that. The laws do not conflict. Can State pass?

Answer 9

• Yes. 10th Amendment Police Power. Health, safety, welfare.

Question 10

State law exists. Federal law does not exist on this issue. Can state pass?

Answer 10

• Yes. Police power, pass laws for health, safety wellfare, etc. Just can’t violate the Constitution

Question 10

State law exists. Federal law does not exist on this issue. Can state pass?

Answer 10

• Yes. Police power, pass laws for health, safety wellfare, etc. Just can’t violate the Constitution

Question 11

Congress passes a law obligating/commanding state do to something. Constitutional?

Answer 11

• No. (Commandeering)

Question 12

Congress asks/ incentivizes the state do to something. Constitutional?

Answer 12

• Yes. Not commandeering.

Question 13

Congress passes some law regulating businesses/widgets. Constitutional?

Answer 13

• Yes. Commerce Clause.

Question 14

State passing law regulating business. State law discriminates against OUT OF STATE INTERESTS. Constitutional?

Answer 14

• No. Dormant commerce clause. Strict scrutiny. Pick the commerce clause answer even if it doesn’t say “dormant”.
  
  • CAN if the state itself is acting as a market participant. State is acting in-house.

Question 15

State passing law regulating business. State law incidentally/accidentally discriminates against OUT OF STATE INTERESTS. Constitutional?

Answer 15

• Intermediate level test. Must serve an IMPORTANT governmental interest and the burden on commerce shouldn’t be EXCESSIVE.

Question 16

State 1 renders a judgment on the merits. Now State 2 has the judgment brought up to them. What happens?

Answer 16

• State 2 has to give judgment FULL FAITH AND CREDIT.

Question 17

State tries to sue federal government. Constitutional?
State tries to tax federal government. Constitutional?

Answer 17

• No. Fed gov’t has immunity from state suits.

Question 18

State tries to tax individuals working for fed govt. Constitutional?

Answer 18

• Yes. No immunity here.

Question 19

Individual cannot sue fed gov’t unless

Answer 19

• State consents.

Question 20

Fed Gov’t tries to sue a state. Constitutional?

Answer 20

• Yes. No immunity.

Question 21

Fed Gov’t tries to sue a state. Constitutional?

Answer 21

• No if tax is applied to a gov’t activity/function (while they’re doing their job).
• Yes, if it is applied to a proprietary business (guy who runs a business on state property). — John runs a gift shop in state courthouse.
  
  • Cant tax the state courthouse. Can tax the courthouse gift shop.