What can the State do that the Federal Gov. Can't? Federalism Flashcards
(28 cards)
The State has general and police powers. What two questions are asked to determine if States can act?
(1) Does the Constitution prohibit the States from acting? (2) Does Congress or another branch have the power to restrain State actions?
What does the 10th Amendment say?
Powers not delegated to the U.S. nor prohibited to the States are reserved to the States or the people.
What did Garcia v. San Antonio Metro decide about the 10th Amendment?
It provides no judicially enforceable limit on Congress’ power; limits are left to the political process (states have representatives in Congress).
What rule did New York v. United States establish about federal commandeering?
Congress cannot force States to legislate but can incentivize through spending or preempt State law under the Commerce Clause.
What did Printz v. United States say about federal commandeering of state officials?
Congress cannot compel state or local officials to enforce federal regulatory programs.
What extension to the anti-commandeering principle did Murphy v. NCAA add?
Congress cannot forbid States from enacting laws either — anti-commandeering includes affirmative and negative commands.
What does the 11th Amendment prohibit?
It bars suits against States by citizens of another State or foreign citizens.
What led to the adoption of the 11th Amendment?
Chisholm v. Georgia allowed a citizen to sue a State in federal court — the 11th Amendment overruled it.
What are the three main theories interpreting the 11th Amendment?
(1) Diversity Theory (narrow/textualist); (2) Immunity Theory (broad/textualist — PREVAILS); (3) Separation of Powers/Federalism Theory (middle ground).
What major exception to 11th Amendment immunity did Ex parte Young establish?
Plaintiffs can sue state officials for prospective, injunctive relief for ongoing violations of federal law.
How does the Constitution’s structure affect state immunity?
States surrendered some immunity in limited cases as part of the constitutional plan.
From whom do States generally have immunity?
Foreign governments, Native American tribes, individuals suing based on federal law.
List situations where States are NOT immune.
(1) Valid Congressional abrogation; (2) Plan of the convention; (3) Sued by other States or U.S.; (4) State waives immunity; (5) Local government entities; (6) Suits between State agencies seeking prospective relief.
What is the Dormant Commerce Clause?
Limits on state regulation that burdens interstate commerce, even without Congressional legislation.
DDC Two Tier approach
1) does the law discriminate (treat differently) against interstate commerce on its face?
It is upheld only if it is the least restrictive means to achieve a legitimate local purpose.
2) Is it facially neutral?
Apply the Pike balancing test — upheld unless burden on commerce is clearly excessive relative to local benefits.
How was Maine’s baitfish law upheld under the DCC?
It used the least restrictive means to protect local fisheries from disease.
When is a state tax on interstate commerce valid under Complete Auto Transit?
(1) Substantial nexus; (2) Fair apportionment; (3) No discrimination; (4) Fair relation to services provided.
When does DCC analysis not apply to a State’s actions?
When the State acts as a market participant rather than a regulator (Reeves v. Stake, 1980).
Are state quarantine and inspection laws valid under the DCC?
Generally yes — they are valid exercises of police power.
Can states favor their residents for natural resource conservation?
Yes — generally upheld (example: Baldwin v. Commission of Montana).
Who does the Privileges and Immunities Clause protect?
Citizens of other States — NOT corporations or necessarily aliens.
What is the first question to ask under the Privileges and Immunities Clause?
Does the law discriminate against non-residents regarding a protected privilege (e.g., constitutional rights, economic activities)?
What is the second question under the Privileges and Immunities Clause?
Does the law significantly burden or impair that protected privilege?
Step 3 of P&I -If burden is shown, what must the State prove?
(1) Substantial reason for difference in treatment, AND (2) Substantial relationship between discrimination and the State’s objective.
