The Relation of the Nation and the States in the Federal System

Question 1

What power do the states have?

Answer 1

The states have police power (don’t need to look for a source)

Question 2

When is federal power exclusive?

Answer 2

1. Coining money
2. Effecting foreign relations
3. Raising an Army

Question 3

A state law that conflicts a constitutional right is…

Answer 3

void

Question 4

Federal Immunities

Answer 4

1. Sovereign Immunity
2. Supremacy Clause
3. Taxation of fed gov’t by a state

Question 5

Federal Sovereign Immunity

Answer 5

Fed cannot be sued without its consent

Question 6

Supremacy clause

Answer 6

If there is a conflict between fed and state, the fed wins

Question 7

If a state tries to tax a federal function,

Answer 7

it is void

Question 8

The 11th amendment does what

Answer 8

It blocks a private suit against a state for money damages

Question 9

When can a Federal Government sue a state

Answer 9

at any time

Question 10

When can a private individual sue a state?

Answer 10

1. Injunction

2. When fed provides a cause of action through enforcement powers of 13-15th amendment.

Question 11

A state enjoys immunity from federal taxation if the tax is applied to either:

Answer 11

1. unique activities of the state government (only state governments do them –> laws)
2. Cannot tax essential government functions

Question 12

When can the federal government tax a state?

Answer 12

When there is a private counterpart to the activity

Question 13

What is the Anti-Commandeering Doctrine

2

Answer 13

The federal government cannot make the states act in their sovereign capacities

• Legislatures passing a law
• State executive enforce federal law

Question 14

What is analogous to the anti-commandeering doctrine

Answer 14

10th amendment

Question 15

if a state is happy to obey the federal government regarding legislation or enforcement of a law, does it make it valid?

Answer 15

No, still unconstitutional

Question 16

If a law says that “no state shall do X” is it constitutional?

Answer 16

Yes, there is no prohibition on prohibitions

Question 17

If a state law discriminates on its face against out-of-state goods or economic actors, the state must show:

Answer 17

Strict Scrutiny

1. the regulation serves a compelling interest (very important), and
2. The regulation is necessary (no other way to do it) to the compelling interest

Question 18

What is the dormant commerce clause?

Answer 18

States cannot discriminate against out of state economic actors

Question 19

If a state law merely incidentally burdens interstate commerce, the state must show:

Answer 19

Balancing test

1. Is the regulation serving an important state interest
2. There the burden excessive in relation to the interest?

Question 20

Exceptions to the Dormant Commerce Clause

Answer 20

1. Congress has authorized states to do it

2. Market Participant Doctrine (when the state action is that of a private person –>not regulating private parties)

Question 21

What is the dormant commerce clause test for state taxes?

Answer 21

1. cannot be discriminatory

2. cannot be overly burdensome