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

What powers do the states have?

A

The states have the police power.

2
Q

What are the exclusive powers reserved for the Federal Government that states are not entitled to?

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

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

A

The Constitution takes priority and supercede the state law.

4
Q

What are the Federal Immunities?

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

More Info: Sovereign Immunity, Supremacy Clause, 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

What does the 11th Amendment bar?

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, the Federal Government always has that authority.

10
Q

List the ways a private individual can sue a state?

A

1.Through an injunction

And

  1. When federal law provides a cause of action through the 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)
  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

  1. Enforce federal law
    * More Info:* Anti-Commandeering Doctrine
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 federal law, is it unconstitutional under the Anti-Commandeering Doctrine?

A

Yes.

16
Q

If a federal 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 that discriminates on its face against out-of-state goods or economic actors?

A

Strict Scrutiny

  1. The regulation must serve a compelling interest (i.e. it’s very important)
  2. The regulation must be 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.

More Info: Dormant Commerce Clause

19
Q

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

A

A balancing test is used. You must weigh:

What important state interest the regulation is serving

v.

The weight of the burden on interstate commerce caused by the law.

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

  1. Cannot be burdensome to interstate commerce
22
Q

What is a requirement that must be met 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 general rule that Constitutional rights can be violated only by governmental action?

A

Constitutional claims are allowed when:

  1. A private party is performing a function that is usually only performed by a state actor (owns the whole town)

Or

  1. When the private actor is performing public functions
25
Q

What is the Public Function Theory?

A

An exception to the general rule that state action is necessary for a Constitutional violation. It would occur when a private party performs a state function (e.g. a company owns a town and provides services to its citizens).

More Info: Public Function Theory

26
Q

What is the Significant State Involvement Theory?

A

A private actor can be considered a state actor if the private actor’s actions are 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.