The Federal System

Question 1

What is scope of federal immunity?

Answer 1

state lacks power to regulate federal government (unless congress consent)
federal government cant directly be taxed (indirectly through salary)

Question 2

What is scope of state immunity?

Answer 2

federal government may regulate states virtually unlimited, cant commender

can limit funding if general welfare and unambiguous

Question 3

What is the Dormant Commerce Clause

Answer 3

if congress has not, the states may regulate interstate commerce. The regulation does not:
- discriminate against out of state commerce
- unduly burden interstate commerce; or
- regulate wholly out of state activity

Question 4

What is prohibited under the Dcc?

Answer 4

cant discriminate against out of state commerce (protect local economic interest at the expense of out of state residents)

Question 5

When can discriminatory regulation be upheld under DCC?

Answer 5

important local interest is being served and no other nondiscriminatory means are available to achieve purpose

Question 6

What is the market participant exceptions to Dcc?

Answer 6

a state can favor local commerce or discriminate against out of state residents if the state is hthe buyer

doesn’t apply to challenges under P&I Article 4

Question 7

What are other ways discriminatory state regulation can be invalid?

Answer 7

if causes undue burden

balancing test

Question 8

Can the state tax intestate commerce?

Answer 8

yes unless discriminatory or congress consent and its not unduly burdensome

Question 9

What is four part test for state taxation of interstate commerce?

Answer 9

determine if it discriminatory and otherwise invalid

1. substantial nexus
2. fair apportionment
3. nondiscrimination
4. fair relationship

Question 10

What is express premption?

Answer 10

condition makes federal power exclusive or congress has enacted legislation explicitly prohibiting state regulation?

Question 11

what is implied preemption?

Answer 11

occurs when any exist:

congress intended for federal law to override
state law directly conflicts
state law indirectly conflicts with state law

Question 12

What is there is an absence of preemption?

Answer 12

if federal law does not preempt state law a state is free to enact legislation regarding the same issue

Question 13

What is regulatory taking?

Answer 13

substantial restriction of personal property or deprives owner of all economically beneficial use but owner retains possession. Need a just compensation

Question 14

What is the state action doctrine?

Answer 14

need state action to violate constitution

private actor performs traditional and exclusive government function or government is significantly involved in private actors act.

Question 15

How does the 11th amendment apply to immunity?

Answer 15

private parties and foreign govenremnt need state consent to proceed. This extends to state officials for violation of state law

Question 16

When is redistricting unconstitutional?

Answer 16

when race is predominant factor

SS will apply

Question 17

What is the scope of a taking?

Answer 17

private property, property rights, possessory and non possessory interest in land like easement and liens.

Question 18

Is a judge absolutely immune for her decisions?

Answer 18

yes, she is immune from civil liability for damages resulting from her judicial acts unless they do not have JD