The Federal-State System Flashcards Preview

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Flashcards in The Federal-State System Deck (27)
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1
Q

What power do the states have?

A

The states have the police power.

2
Q

What are the exclusive powers the Federal Government has that the states do not?

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

What happens when a state law that conflicts a Constitutional right?

A

The Constitution takes priority.

4
Q

What are the Federal Immunities?

A
  1. Sovereign Immunity;
  2. Supremacy Clause;
  3. Taxation of Federal Government by a state.
5
Q

What is Federal Sovereign Immunity?

A

The Federal Government cannot be sued without its consent.

6
Q

What is the Supremacy Clause?

A

If there is a conflict between Federal law and state law, the Federal law will prevail.

7
Q

If a state tries to tax a Federal function, what happens?

A

The state legislation will be held invalid.

8
Q

The 11th Amendment bars?

A

A private citizen from suing a state for money damages.

9
Q

When can a Federal Government sue a state?

A

At any time, they always have the authority.

10
Q

List the ways a private individual can sue a state?

A
  1. Through an injunction; and,
  2. When fed provides a cause of action through enforcement powers of 13-15th Amendment.
11
Q

A state enjoys immunity from Federal taxation if the tax is applied to what?

A
  1. Unique activities of the state government (e.g. state legislation);or,
  2. Essential government functions.
12
Q

When can the Federal government tax a state?

A

When there is a private-business counterpart to the activity the state is conducting.

13
Q

Define the Anti-Commandeering Doctrine?

A

The Federal government cannot make a state:

  1. Pass laws; or,
  2. Enforce Federal law.
14
Q

The anti-commandeering doctrine parallels which amendment?

A

10th Amendment

15
Q

If a state voluntarialy passes a Federal law or enforces a Fedearl law, is it unconstitutional under the Anti-Commandeering Doctrine?

A

Yes.

16
Q

If a Fedearl law says that “no state shall do X,” is it Constitutional?

A

Yes, there is no prohibition on prohibitions.

17
Q

What is the test applied to a state law discriminates on its face against out-of-state goods or economic actors?

A

Strict Scrutiny

  1. The regulation serves a compelling interest (i.e. it’s very important)+
  2. The regulation is necessary (i.e. there’s no other way to do it) to the compelling interest.
18
Q

Define the Dormant Commerce Clause?

A

States cannot discriminate against out of state economic actors.

19
Q

What is the test applied to a state law merely incidentally burdens interstate commerce?

A

Weigh:

The regulation is serving an important state interest

v.

The weight of the burden on interstate commerce.

20
Q

List the exceptions to the Dormant Commerce Clause.

A

It does not apply:

  1. When Congress has authorized states to take action X;
  2. When the state action is that of a private citizen (e.g. purchasing goods)
21
Q

What is the dormant commerce clause test for state taxes?

A

To be valid, the tax

  1. Cannot be discriminatory; and,
  2. Cannot be burdensome to interstate commerce.
22
Q

What is the requirement for all constitutionalviolations?

A

Only government action can breach the Constitution.

23
Q

What does the Constitution protect you from?

A

Only the government (not private individuals).

24
Q

What are two exceptions to the rule that Constitutional rights can be violated only by governmental action?

A

Constitutional claims allowed when:

  1. When a private party is performing a function that usually only a state actor would (owns the whole town); or,
  2. When the private actor is offering public functions.
25
Q

What is the public function theory?

A

An exception to state action being necessary for Constitutional claim occuring when a private party is performing a state function (e.g. a company owns a town and provides services to its citizens).

26
Q

What is the significant state involvement theory?

A

A private actor can be considered a state actor if it is closely encouraged by the state. The state’s hand is moving the private glove.

27
Q

What Constitutional challenge can always be brought regardless of the status of the actor?

A

13th Amendment claims: slavery.