Relations Between Federal and State Government

Question 1

Supremacy Clause

Answer 1

State law conflicts with a federal law.
“Federal always wins”

BAR TIP
The hypo will have both laws in the fact pattern.

State laws can be more restrictive than federal law

Question 2

10th Amendment

Answer 2

Police Power
State can pass any law as long as it’s for the health, safety and welfare of its citizens

BAR TIP
This can be passed when it does not conflict with federal law

There is no federal police power meaning that congress cannot pass a law for the health, safety and welfare of its citizens.

Question 3

Commandeering Rule

Answer 3

Federal government cannot require a STATE to do anything.

“Command, require, obligate”

Question 4

Dormant Commerce Clause

Answer 4

A STATE is passing a law regulating some sort of business interest and it discriminates against out of state business.

Question 5

Incidental Discrimination

Answer 5

Triggers intermediate scrutiny

Question 6

When can a state pass a law that discriminates against out of state business?

Answer 6

-When the state is acting as market participant
-state is running the whole industry themselves

Question 7

Full Faith & Credit

Answer 7

Judgment on the merits in one state must be given full faith and credit in another state.

Question 8

Federal Immunity

Answer 8

1. States cannot sue the federal government
2. State cannot tax the federal government
   -Individuals who work for the government can be taxed
   -Individuals cannot sue the federal government unless the government consents to the lawsuit.

Question 9

State Immunity

Answer 9

1. Federal government and other states may sue a state
2. Federal government may not tax a state if the tax is applied to a government activity or function.

-Federal government may tax a proprietary business-