The Relation of Nation and States in a Federal System

Question 1

Intergovernmental Immunities

Federal Immunity from State Law

Answer 1

Intergovernmental immunity is a constitutional limit on state and federal powers. The federal government is immune from being taxed by the states, the federal government cannot tax property used in or income from a state’s performance of its basic governmental functions, it is free from state regulatory interference, and theoretically, states are immune from federal regulation.

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Question 2

Intergovernmental Immunities

State Immunity from Fedreral Law, Including the 10th Amendment

Answer 2

The states have partial immunity from federal taxation (the federal government cannot tax property used or income from a state’s performance of its basic governmental functions, and theoretically, states are immune from federal regulation. In general, federal regulation of the states is valid, but if a federal regulatory scheme had the effect of preventing the states from exercising their core functions, this may be found to be a violation of the 10th Amendment. Put simply, Congress may not impair the State’s integrity or their ability to function effectively in a federal system.

Question 3

Federalism-Based Limits on State Authority

Negative Implications Of the Commerce Clause (DORMANT COMMERCE CLAUSE)

Answer 3

The Dormant Commerce Clause is the principle that state and local laws are unconstitutional if they place an undue burden on interstate commerce, thus limiting state and local regulation. Even when Congress hasn’t acted and its commerce power lies dormant, state and local laws may nonetheless be challenged as unduly impeding interstate commerce. There is a balancing test for the Dormant Commerce Clause, and that is whether the benefits of the state law outweigh its burdens on interstate commerce.

Question 4

Federalism-Based Limits on State Authority

Supremacy Clause and Preemption

Answer 4

Pursuant to the Supremacy Clause, federal law is supreme and prevails over state law. States may not pass laws that conflict with federal law, that interfere with a federal objective, or in areas where Congress has intended to “occupy the field.”

Question 5

Federalism-Based Limits on State Authority

Authorization of Otherwise Invalid State Action

Answer 5

The federal government cannot authorize states to violate the Constitution. For example, Congress may not authorize states to discriminate in ways that would violate the Equal Protection Clause or First Amendment.